Common use of Actions Before Governmental Authorities Clause in Contracts

Actions Before Governmental Authorities. Except as described on Schedule 5.5, there are no actions, suits or proceedings at law or in equity or by or before any governmental authority now pending or, to the knowledge of Borrower, threatened against or affecting Borrower or its property.

Appears in 26 contracts

Samples: Loan and Security Agreement (Intelepeer Inc), Loan and Security Agreement (ChromaDex Corp.), Loan and Security Agreement (Dynavax Technologies Corp)

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Actions Before Governmental Authorities. Except as described on Schedule 5.5, there are no actions, suits or proceedings at law or in equity or by or before any governmental authority now pending or, to the knowledge of Borrower, threatened in writing against or affecting Borrower or its propertyproperty (i) which involve any Loan Document or (ii) as to which there is a reasonable possibility of an adverse determination and which, if adversely determined, would reasonably be expected to result in a Material Adverse Effect.

Appears in 5 contracts

Samples: Loan and Security Agreement (Aveo Pharmaceuticals, Inc.), Loan and Security Agreement (Aveo Pharmaceuticals Inc), Loan and Security Agreement (Aveo Pharmaceuticals, Inc.)

Actions Before Governmental Authorities. Except as described on Schedule 5.5, there are no actions, suits or proceedings at law or in equity or by or before any governmental authority now (a) as of the Closing Date, pending or, to the knowledge of Borrower, threatened against or affecting Borrower or its property, and (b) following the Closing Date, which could reasonably be expected to have a Material Adverse Effect.

Appears in 5 contracts

Samples: Loan and Security Agreement (Enphase Energy, Inc.), Loan and Security Agreement (Enphase Energy, Inc.), Loan and Security Agreement (Enphase Energy, Inc.)

Actions Before Governmental Authorities. Except as described on Schedule 5.5, there are no actions, suits or proceedings at law or in equity or by or before any governmental authority Governmental Authority now pending or, to the knowledge of Borrower, threatened in writing against or affecting Borrower or its property, that would reasonably be expected to result in a Material Adverse Effect.

Appears in 4 contracts

Samples: Loan and Security Agreement (ProQR Therapeutics N.V.), Loan and Security Agreement (Allena Pharmaceuticals, Inc.), Loan and Security Agreement (Soligenix, Inc.)

Actions Before Governmental Authorities. Except as described on Schedule 5.5, there are no actions, suits or proceedings at law or in equity or by or before any governmental authority now pending or, to the knowledge of Borrower, threatened against or affecting Borrower or its propertyproperty that is reasonably expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Loan and Security Agreement (Your Internet Defender, Inc), Loan and Security Agreement (Corindus Vascular Robotics, Inc.), Loan and Security Agreement (Corindus Vascular Robotics, Inc.)

Actions Before Governmental Authorities. Except as described on Schedule 5.5, there are no actions, suits or proceedings at law or in equity or by or before any governmental authority now pending or, to the knowledge of Borrower, threatened against or affecting Borrower or its propertyproperty which could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Loan and Security Agreement (Polymedix Inc), Loan and Security Agreement, Loan and Security Agreement

Actions Before Governmental Authorities. Except as described on Schedule 5.5, there are no actions, suits or proceedings at law or in equity or by or before any governmental authority now pending or, to the knowledge of Borrower, threatened against or affecting Borrower or its propertyproperty that, if adversely determined, could reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect.

Appears in 3 contracts

Samples: Loan and Security Agreement (Viewray Inc), Loan and Security Agreement (Viewray Inc), Loan and Security Agreement (Viewray Inc)

Actions Before Governmental Authorities. Except as described on Schedule 5.5, there are no actions, suits or proceedings at law or in equity or by or before any governmental authority now pending or, to the knowledge of Borrower, threatened in writing against or affecting Borrower or its propertyproperty as to which there is a reasonable likelihood of an adverse determination and which, if adversely determined, would reasonably be expected to, individually or in the aggregate, result in a Material Adverse Effect.

Appears in 3 contracts

Samples: Joinder Agreement (Merrimack Pharmaceuticals Inc), Loan and Security Agreement (Concert Pharmaceuticals, Inc.), Loan and Security Agreement (Concert Pharmaceuticals, Inc.)

Actions Before Governmental Authorities. Except as described on Schedule 5.5, there are no actions, suits or proceedings at law or in equity or by or before any governmental authority now pending or, to the knowledge of Borrower, threatened in writing against or affecting Borrower or its property.

Appears in 3 contracts

Samples: Loan and Security Agreement (Dicerna Pharmaceuticals Inc), Loan and Security Agreement (Dicerna Pharmaceuticals Inc), Loan and Security Agreement (NeurogesX Inc)

Actions Before Governmental Authorities. Except as described on Schedule 5.5, there are no actions, suits or proceedings at law or in equity or by or before any governmental authority now pending or, to the knowledge of such Borrower, threatened against or affecting such Borrower or its property.

Appears in 3 contracts

Samples: Joinder Agreement (InfoLogix Inc), Loan and Security Agreement (Cempra Holdings, LLC), Loan and Security Agreement (InfoLogix Inc)

Actions Before Governmental Authorities. Except as described on Schedule 5.5, there are no actions, suits or proceedings at law or in equity or by or before any governmental authority now pending or, to the knowledge of Borrower, threatened against or affecting Borrower or its propertyany business, property or rights of Borrower (i) which involve any Loan Document or (ii) as to which there is a reasonable possibility of an adverse determination and which, if adversely determined, would reasonably be expected to, individually or in the aggregate, result in a Material Adverse Effect.

Appears in 3 contracts

Samples: Loan and Security Agreement (Rubicon Technology, Inc.), Loan and Security Agreement (Memory Pharmaceuticals Corp), Joinder Agreement (Elixir Pharmaceuticals Inc)

Actions Before Governmental Authorities. Except as described on Schedule 5.5, there are no actions, suits or proceedings at law or in equity or by or before any governmental authority now pending or, to the knowledge of Borrower, threatened against or affecting Borrower or its propertyany business, property or rights of Borrower (i) which involve any Loan Document or (ii) as to which there is a reasonable likelihood of an adverse determination and which, if adversely determined, would individually or in the aggregate, result in a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Security Agreement (Quatrx Pharmaceuticals Co), Loan and Security Agreement (Quatrx Pharmaceuticals Co)

Actions Before Governmental Authorities. Except as described on Schedule 5.5, there are no actions, suits or proceedings at law or in equity or by or before any governmental authority now pending or, to the knowledge of any Borrower, threatened in writing against or affecting any Borrower or its property, in each case that would reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Protective Advance Loan and Security Agreement (Kior Inc), Loan and Security Agreement (Kior Inc)

Actions Before Governmental Authorities. Except as described on Schedule 5.5, there are no actions, suits or proceedings at law or in equity or by or before any governmental authority now pending or, to the knowledge of such Borrower, threatened in writing against or affecting such Borrower or its propertyproperty that, if adversely determined would reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Security Agreement (BIND Therapeutics, Inc), Loan and Security Agreement (Pacira Pharmaceuticals, Inc.)

Actions Before Governmental Authorities. Except as described on Schedule 5.5, there are no actions, suits or proceedings at law or in equity or by or before any governmental authority now pending or, to the knowledge of Borrower, threatened in writing against or affecting Borrower or its propertyproperty that could reasonably be expected to result in a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Security Agreement (Acelrx Pharmaceuticals Inc), Loan and Security Agreement (Acelrx Pharmaceuticals Inc)

Actions Before Governmental Authorities. Except as described on Schedule 5.5, there are no actions, suits or proceedings at law or in equity or by or before any governmental authority now pending or, to the knowledge of any Borrower, threatened against or affecting any Borrower or its property.

Appears in 2 contracts

Samples: Loan and Security Agreement (Insmed Inc), Loan and Security Agreement (INSMED Inc)

Actions Before Governmental Authorities. Except as described on Schedule 5.55.5 annexed hereto, there are no actions, suits or proceedings at law or in equity or by or before any governmental authority now pending or, to the knowledge of Borrower, threatened against or affecting Borrower or its property.

Appears in 1 contract

Samples: Loan and Security Agreement (Plures Technologies, Inc./De)

Actions Before Governmental Authorities. Except as described on Schedule 5.55.51, there are no actions, suits or proceedings at law or in equity or by or before any governmental authority now pending or, to the knowledge of Borrower, threatened in writing against or affecting Borrower or its property.

Appears in 1 contract

Samples: Loan and Security Agreement (Petros Pharmaceuticals, Inc.)

Actions Before Governmental Authorities. Except as described on Schedule 5.5, there are no actions, suits or proceedings at law or in equity or by or before any governmental authority now pending or, to the knowledge of Borrower, threatened against or affecting Borrower or its property, which if adversely determined would reasonably be expected to result in a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Adma Biologics, Inc.)

Actions Before Governmental Authorities. Except as described on Schedule 5.55.5 to the Disclosure Letter, there are no actions, suits or proceedings at law or in equity or by or before any governmental authority Governmental Authority now pending or, to the knowledge of Borrower, threatened in writing against or affecting Borrower or its property, that would reasonably be expected to result in a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase and Security Agreement (Opiant Pharmaceuticals, Inc.)

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Actions Before Governmental Authorities. Except as described on Schedule 5.55.4, there are no actions, suits or proceedings at law or in equity or by or before any governmental authority now pending or, to the knowledge of Borrower, after due inquiry, threatened against or affecting Borrower Borrower, any Subsidiary or its their respective property.

Appears in 1 contract

Samples: Loan and Security Agreement (Acorn Energy, Inc.)

Actions Before Governmental Authorities. Except as described on Schedule 5.5, there are no actions, suits or proceedings at law or in equity or by or before any governmental authority now pending or, to the knowledge best of Borrower’s knowledge after due inquiry, threatened against or affecting Borrower or its property.

Appears in 1 contract

Samples: Joinder Agreement (Zosano Pharma Corp)

Actions Before Governmental Authorities. Except as described on Schedule 5.5, there are no actions, suits or proceedings at law or in equity or by or before any governmental authority now pending or, to the knowledge of Borrower, threatened in writing against or affecting Borrower or its propertyproperty that, if adversely determined, would reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Mast Therapeutics, Inc.)

Actions Before Governmental Authorities. Except as described on Schedule 5.5, there are no actions, suits or proceedings at law or in equity or by or before any governmental authority now pending or, to the knowledge of Borrower, threatened against or affecting Borrower or its property, that would, if adversely determined against Borrower, individually or in the aggregate, reasonably be expected to result in a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Pulmatrix, Inc.)

Actions Before Governmental Authorities. Except as described on Schedule 5.5, there are no actions, suits or proceedings at law or in equity or by or before any governmental authority Governmental Authority now pending or, to the knowledge of Borrower, threatened against or affecting Borrower or its property, that could reasonably be expected to result in a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Spring Bank Pharmaceuticals, Inc.)

Actions Before Governmental Authorities. Except as described on Schedule 5.5, there are no actions, suits or proceedings at law or in equity or by or before any governmental authority Governmental Authority now pending or, to the knowledge of Borrower, threatened against or affecting Borrower or its property.

Appears in 1 contract

Samples: Loan and Security Agreement (Immune Pharmaceuticals Inc)

Actions Before Governmental Authorities. Except as described on Schedule Scheduled 5.5, there are no actions, suits or proceedings at law or in equity or by or before any governmental authority now pending or, to the knowledge of Borrower, threatened against or affecting Borrower or its property, that is reasonably expected to result in a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Merrimack Pharmaceuticals Inc)

Actions Before Governmental Authorities. Except as described on Schedule 5.5, there are no actions, suits or proceedings at law or in equity or by or before any governmental authority now pending or, to the knowledge of Borrowera Credit Party, threatened against or affecting Borrower any Credit Party or its respective property.

Appears in 1 contract

Samples: Loan and Security Agreement (BrightSource Energy Inc)

Actions Before Governmental Authorities. Except as described on Schedule 5.55.5 to the Disclosure Letter, there are no actions, suits or proceedings at law or in equity or by or before any governmental authority now (a) as of the Effective Date, pending or, to the knowledge of Borrower, threatened against or affecting Borrower or its property, and (b) following the Effective Date, which could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Enphase Energy, Inc.)

Actions Before Governmental Authorities. Except as described disclosed on Schedule 5.5, there are no actions, suits or proceedings at law or in equity or by or before any governmental authority now pending or, to the knowledge of Borrower, threatened against or affecting Borrower or its property.

Appears in 1 contract

Samples: Loan and Security Agreement (Navidea Biopharmaceuticals, Inc.)

Actions Before Governmental Authorities. Except To the best of the Company’s knowledge, and except as described on Schedule 5.5, there are no actions, suits or proceedings at law or in equity or by or before any governmental authority now pending or, to the knowledge of Borrower, threatened against or affecting Borrower or its property.

Appears in 1 contract

Samples: Loan and Security Agreement (Neuralstem, Inc.)

Actions Before Governmental Authorities. Except as described on Schedule 5.5, there are no actions, suits or proceedings at law or in equity or by or before any governmental authority now pending or, to the knowledge of Borrower, threatened against or affecting Borrower or its propertyproperty with an underlying disputed amount in excess of $200,000.

Appears in 1 contract

Samples: Loan and Security Agreement (Celladon Corp)

Actions Before Governmental Authorities. Except as described on Schedule 5.5, there are no actions, suits or proceedings at law or in equity or by or before any governmental authority now pending or, to the knowledge of Borrower, threatened against or affecting Borrower or its propertyany business, property or rights of Borrower (i) which relate to any Loan Document or (ii) as to which there is a reasonable possibility of an adverse determination and which, if adversely determined, would reasonably be expected to, individually or in the aggregate, result in a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Epicept Corp)

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