Attachment. If, after the termination of the Merger Agreement, any material portion of any Borrower's assets is attached, seized, subjected to a writ or distress warrant, or is levied upon, or comes into the possession of any trustee, receiver or person acting in a similar capacity and such attachment, seizure, writ or distress warrant or levy has not been removed, discharged or rescinded within ten (10) days, or if any Borrower is enjoined, restrained, or in any way prevented by court order from continuing to conduct all or any material part of its business affairs, or if a judgment or other claim becomes a lien or encumbrance upon any material portion of any Borrower's assets, or if a notice of lien, levy, or assessment is filed of record with respect to any of any Borrower's assets by the United States Government, or any department, agency, or instrumentality thereof, or by any state, county, municipal, or governmental agency, and the same is not paid within ten (10) days after any Borrower receives notice thereof, provided that none of the foregoing shall constitute an Event of Default where such action or event is stayed or an adequate bond has been posted pending a good faith contest by any Borrower;
Appears in 4 contracts
Samples: Loan and Security Agreement (Netratings Inc), Loan and Security Agreement (Netratings Inc), Loan and Security Agreement (Netratings Inc)
Attachment. If, after the termination of the Merger Agreement, If any material portion of any Borrower's ’s assets is attached, seized, subjected to a writ or distress warrant, or is levied upon, or comes into the possession of any trustee, receiver or person acting in a similar capacity and such attachment, seizure, writ or distress warrant or levy has not been removed, discharged or rescinded within ten fifteen (1015) days, or if any Borrower is enjoined, restrained, or in any way prevented by court order from continuing to conduct all or any material part of its business affairs, or if a judgment or other claim becomes a lien or encumbrance upon any material portion of any Borrower's ’s assets, or if a notice of lien, levy, or assessment is filed of record with respect to any material portion of any Borrower's ’s assets by the United States Government, or any department, agency, or instrumentality thereof, or by any state, county, municipal, or governmental agency, and the same is not paid within ten fifteen (1015) days after any Borrower receives notice thereof, provided that none of the foregoing shall constitute an Event of Default where such action or event is stayed or an adequate bond has been posted pending a good faith contest by any BorrowerBorrower (provided that no Credit Extensions will be required to be made during such cure period);
Appears in 4 contracts
Samples: Loan and Security Agreement (Biomarin Pharmaceutical Inc), Loan and Security Agreement (Silk Road Medical Inc), Loan and Security Agreement (Silk Road Medical Inc)
Attachment. If, after the termination of the Merger Agreement, If any material portion of any a Borrower's ’s assets is attached, seized, subjected to a writ or distress warrant, or is levied upon, or comes into the possession of any trustee, receiver or person acting in a similar capacity and such attachment, seizure, writ or distress warrant or levy has not been removed, discharged or rescinded within ten (10) 15 days, or if any a Borrower is enjoined, restrained, or in any way prevented by court order from continuing to conduct all or any material part of its business affairs, or if a judgment or other claim becomes a lien or encumbrance upon any material portion of any a Borrower's ’s assets, or if a notice of lien, levy, or assessment is filed of record with respect to any material portion of any a Borrower's ’s assets by the United States Government or Canadian Government, or any department, agency, or instrumentality thereof, or by any state, provincial, county, municipal, or governmental agency, and the same is not paid within ten (10) 15 days after any such Borrower receives notice thereof, provided that none of the foregoing shall constitute an Event of Default where such action or event is stayed or an adequate bond has been posted pending a good faith contest by any Borrowersuch Borrower (provided that no Credit Extensions will be made during such cure period);
Appears in 4 contracts
Samples: Loan and Security Agreement (Trupanion Inc.), Credit Agreement (Trupanion Inc.), Loan and Security Agreement (Trupanion Inc.)
Attachment. If, after the termination of the Merger Agreement, If any material portion of any Borrower's ’s assets is attached, seized, subjected to a writ or distress warrant, or is levied upon, or comes into the possession of any trustee, receiver or person acting in a similar capacity and such attachment, seizure, writ or distress warrant or levy has not been removed, discharged or rescinded within ten thirty (1030) days, or if any Borrower is enjoined, restrained, or in any way prevented by court order from continuing to conduct all or any material part of its business affairs, or if a judgment or other claim becomes a lien or encumbrance upon any material portion of any Borrower's ’s assets, or if a notice of lien, levy, or assessment is filed of record with respect to any material portion of any Borrower's ’s assets by the United States Government, or any department, agency, or instrumentality thereof, or by any state, county, municipal, or governmental agency, and the same is not paid within ten fifteen (1015) days after any Borrower receives notice thereof, provided that none of the foregoing shall constitute an Event of Default where such action or event is stayed or an adequate bond has been posted pending a good faith contest by any BorrowerBorrower (provided that no Credit Extensions will be made during such cure period);
Appears in 3 contracts
Samples: Loan and Security Agreement (Evelo Biosciences, Inc.), Loan and Security Agreement (Evelo Biosciences, Inc.), Loan and Security Agreement (Evelo Biosciences, Inc.)
Attachment. If, after the termination of the Merger Agreement, If any material portion of any Borrower's ’s assets is attached, seized, subjected to a writ or distress warrant, or is levied upon, or comes into the possession of any trustee, receiver or person acting in a similar capacity and such attachment, seizure, writ or distress warrant or levy has not been removed, discharged or rescinded within ten five (105) days, or if any Borrower is enjoined, restrained, or in any way prevented by court order from continuing to conduct all or any material part of its business affairs, or if a judgment or other claim becomes a lien or encumbrance upon any material portion of any Borrower's ’s assets, or if a notice of lien, levy, or assessment is filed of record with respect to any of any a Borrower's ’s assets by the United States Government, or any department, agency, or instrumentality thereof, or by any state, county, municipal, or governmental agency, and the same is not paid within ten five (105) days after any such Borrower receives notice thereof, provided that none of the foregoing shall constitute an Event of Default where such action or event is stayed or an adequate bond has been posted pending a good faith contest by any Borrowersuch Borrower (provided that no Advances will be made during such cure period);
Appears in 3 contracts
Samples: Loan and Security Agreement (Taiwan Liposome Company, Ltd.), Loan and Security Agreement (Taiwan Liposome Company, Ltd.), Loan and Security Agreement (Taiwan Liposome Company, Ltd.)
Attachment. If, after the termination of the Merger Agreement, If any material portion of any Borrower's assets is ---------- attached, seized, subjected to a writ or distress warrant, or is levied upon, or comes into the possession of any trustee, receiver or person acting in a similar capacity and such attachment, seizure, writ or distress warrant or levy has not been removed, discharged or rescinded within ten thirty (1030) days, or if any Borrower is enjoined, restrained, or in any way prevented by court order from continuing to conduct all or any material part of its business affairs, or if a judgment judgement or other claim becomes a lien or encumbrance upon any material portion of any Borrower's assets, or if a notice of lien, levy, or assessment is filed of record with respect to any of any Borrower's assets by the United States Government, or any department, agency, or instrumentality thereof, or by any state, county, municipal, or governmental agency, and the same is not paid within ten thirty (1030) days after any Borrower receives notice thereof, provided that none of the foregoing shall constitute an Event of Default where such action or event is stayed or an adequate bond has been posted pending a good faith contest by any BorrowerBorrower (provided that no Advance will be required to be made during such cure period);
Appears in 3 contracts
Samples: Loan and Security Agreement (Crossworlds Software Inc), Loan and Security Agreement (Crossworlds Software Inc), Loan and Security Agreement (Crossworlds Software Inc)
Attachment. If, after the termination of the Merger Agreement, If any material portion of any a Borrower's ’s assets is attached, seized, subjected to a writ or distress warrant, or is levied upon, or comes into the possession of any trustee, receiver or person acting in a similar capacity and such attachment, seizure, writ or distress warrant or levy has not been removed, discharged or rescinded within ten (10) days, or if any a Borrower is enjoined, restrained, or in any way prevented by court order from continuing to conduct all or any material part of its business affairs, or if a judgment or other claim becomes a lien or encumbrance upon any material portion of any a Borrower's ’s assets, or if a notice of lien, levy, or assessment is filed of record with respect to any of any a Borrower's ’s assets by the United States Government, or any department, agency, or instrumentality thereof, or by any state, county, municipal, or governmental agency, and the same is not paid within ten (10) days after any such Borrower receives notice thereof, provided that none of the foregoing shall constitute an Event of Default where such action or event is stayed or an adequate bond has been posted pending a good faith contest by any Borrowersuch Borrower (provided that no Credit Extensions will be made during such cure period);
Appears in 2 contracts
Samples: Loan and Security Agreement (Pac-West Telecomm Inc), Loan and Security Agreement (Pac-West Telecomm Inc)
Attachment. If, after the termination If any portion of the Merger Agreement, any material portion of any Borrower's ’s assets is attached, seized, subjected to a writ or distress warrant, or is levied upon, or comes into the possession of any trustee, receiver or person acting in a similar capacity and such attachment, seizure, writ or distress warrant or levy has not been removed, discharged or rescinded within ten thirty (1030) days, or if any the Borrower is enjoined, restrained, or in any way prevented by court order from continuing to conduct all or any material part of its business affairs, or if a judgment or other claim becomes a lien or encumbrance upon any material portion of any the Borrower's ’s assets, or if a notice of lien, levy, or assessment is filed of record with respect to any of any the Borrower's ’s assets by the United States Government, or any department, agency, or instrumentality thereof, or by any state, county, municipal, or governmental agency, and the same is not paid within ten thirty (1030) days after any the Borrower receives notice thereof, provided that none of the foregoing shall constitute an Event of Default where such action or event is stayed or an adequate bond has been posted pending a good faith contest by any Borrower;the Borrower (provided that no Credit Extensions will be required to be made during such cure period).
Appears in 2 contracts
Samples: Loan and Security Agreement (TechTarget Inc), Loan and Security Agreement (TechTarget Inc)
Attachment. If, after the termination of the Merger Agreement, If any material portion of any a Borrower's ’s assets is attached, seized, subjected to a writ or distress warrant, or is levied upon, or comes into the possession of any trustee, receiver or person acting in a similar capacity and such attachment, seizure, writ or distress warrant or levy has not been removed, discharged or rescinded within ten (10) days, or if any Borrower is enjoined, restrained, or in any way prevented by court order from continuing to conduct all or any material part of its business affairs, or if a judgment or other claim becomes a lien or encumbrance upon any material portion of any a Borrower's ’s assets, or if a notice of lien, levy, or assessment is filed of record with respect to any material portion of any a Borrower's ’s assets by the United States Government, or any department, agency, or instrumentality thereof, or by any state, county, municipal, or governmental agency, and the same is not paid within ten (10) days after any such Borrower receives notice thereof, provided that none of the foregoing shall constitute an Event of Default where such action or event is stayed or an adequate bond has been posted pending a good faith contest by any Borrowersuch Borrower (provided that no Credit Extensions will be made during such cure period);
Appears in 2 contracts
Samples: Loan and Security Agreement (Asante Solutions, Inc.), Loan and Security Agreement (Asante Solutions, Inc.)
Attachment. If, after the termination of the Merger Agreement, If any material portion of any a Borrower's ’s assets is attached, seized, subjected to a writ or distress warrant, or is levied upon, or comes into the possession of any trustee, receiver or person acting in a similar capacity and such attachment, seizure, writ or distress warrant or levy has not been removed, bonded, discharged or rescinded within ten twenty (1020) days, or if any a Borrower is enjoined, restrained, or in any way prevented by court order from continuing to conduct all or any material part of its business affairs, or if a judgment or other claim becomes a lien or encumbrance upon any material portion of any a Borrower's ’s assets, or if a notice of lien, levy, or assessment is filed of record with respect to any of any a Borrower's ’s assets by the United States Government, or any department, agency, or instrumentality thereof, or by any state, county, municipal, or governmental agency, and the same is not paid within ten twenty (1020) days after any a Borrower receives notice thereof, provided that none of the foregoing shall constitute an Event of Default where such action or event is stayed or an adequate bond has been posted pending a good faith contest by any BorrowerBorrowers (provided that no Credit Extensions will be required to be made during such cure period);
Appears in 2 contracts
Samples: Loan and Security Agreement (Uni-Pixel), Loan and Security Agreement (Uni-Pixel)
Attachment. If, after the termination of the Merger Agreement, If any material portion of any Borrower's ’s assets is attached, seized, subjected to a writ or distress warrant, or is levied upon, or comes into the possession of any trustee, receiver or person acting in a similar capacity and such attachment, seizure, writ or distress warrant or levy has not been removed, discharged or rescinded within ten thirty (1030) days, or if any Borrower is enjoined, restrained, or in any way prevented by court order from continuing to conduct all or any material part of its business affairs, or if a judgment or other claim becomes a lien or encumbrance upon any material portion of any Borrower's ’s assets, or if a notice of lien, levy, or assessment is filed of record with respect to any of any Borrower's ’s assets by the United States Government, or any department, agency, or instrumentality thereof, or by any state, county, municipal, or governmental agency, in each case other than a Permitted Lien, and the same is not paid within ten thirty (1030) days after any Borrower receives notice thereof, provided that none of the foregoing shall constitute an Event of Default where such action or event is stayed or an adequate bond has been posted pending a good faith contest by any BorrowerBorrower (provided that no Credit Extensions will be made during such cure period);
Appears in 2 contracts
Samples: Loan and Security Agreement (Nutanix, Inc.), Loan and Security Agreement (Nutanix, Inc.)
Attachment. If, after the termination of the Merger Agreement, If any material portion of any Borrower's assets is attached, seized, subjected to a writ or distress warrant, or is levied upon, or comes into the possession of any trustee, receiver or person acting in a similar capacity and such attachment, seizure, writ or distress warrant or levy has not been removed, discharged or rescinded within ten thirty (1030) days, or if any Borrower is enjoined, restrained, or in any way prevented by court order from continuing to conduct all or any material part of its business affairs, or if a judgment or other claim becomes a lien or encumbrance upon any material portion of any Borrower's assets, or if a notice of lien, levy, or assessment is filed of record with respect to any material portion of any Borrower's assets by the United States Government, or any department, agency, or instrumentality thereof, or by any state, county, municipal, or governmental agency, and the same is not paid within ten thirty (1030) days after any Borrower receives notice thereof, provided that none of the foregoing shall constitute an Event of Default where such action or event is stayed or an adequate bond has been posted pending a good faith contest by any BorrowerBorrower (provided that no Credit Extensions will be required to be made during such cure period);
Appears in 2 contracts
Samples: Loan and Security Agreement (Ultra Clean Holdings Inc), Subordination Agreement (Hybrid Networks Inc)
Attachment. If, after the termination of the Merger Agreement, If any material portion of any a Borrower's ’s assets is attached, seized, subjected to a writ or distress warrant, or is levied upon, or comes into the possession of any trustee, receiver or person acting in a similar capacity and such attachment, seizure, writ or distress warrant or levy has not been removed, discharged or rescinded within ten (10) days, or if any a Borrower is enjoined, restrained, or in any way prevented by court order from continuing to conduct all or any material part of its business affairs, or if a judgment or other claim becomes a lien or encumbrance upon any material portion of any a Borrower's ’s assets, or if a notice of lien, levy, or assessment is filed of record with respect to any material part of any a Borrower's ’s assets by the United States Government, or any department, agency, or instrumentality thereof, or by any state, county, municipal, or governmental agency, and the same is not paid within ten (10) days after any a Borrower receives notice thereof, provided that none of the foregoing shall constitute an Event of Default where such action or event is stayed or an adequate bond has been posted pending a good faith contest by any BorrowerBorrowers (provided that no Credit Extensions will be required to be made during such cure period);
Appears in 1 contract
Samples: Loan and Security Agreement (Concur Technologies Inc)
Attachment. If, after the termination of the Merger Agreement, If any material portion of any a Borrower's assets is attached, seized, subjected to a writ or distress warrant, or is levied upon, or comes into the possession of any trustee, receiver or person acting in a similar capacity and such attachment, seizure, writ or distress warrant or levy has not been removed, discharged or rescinded within ten (10) days, or if any a Borrower is enjoined, restrained, or in any way prevented by court order from continuing to conduct all or any material part of its business affairs, or if a judgment or other claim becomes a lien or encumbrance upon any material portion of any a Borrower's assets, or if a notice of lien, levy, or assessment is filed of record with respect to any of any a Borrower's assets by the United States Government, or any department, agency, or instrumentality thereof, or by any state, county, municipal, or governmental agency, and the same is not paid within ten (10) days after any a Borrower receives notice thereof, provided that none of the foregoing shall constitute an Event of Default where such action or event is stayed or an adequate bond has been posted pending a good faith contest by any Borrowera Borrower (provided that no Credit Extensions will be required to be made during such cure period);
Appears in 1 contract
Attachment. If, after the termination of the Merger Agreement, If any material portion of any a Borrower's ’s assets is attached, seized, subjected to a writ or distress warrant, or is levied upon, or comes into the possession of any trustee, receiver or person acting in a similar capacity and such attachment, seizure, writ or distress warrant or levy has not been removed, discharged or rescinded within ten five (105) days, or if any a Borrower is enjoined, restrained, or in any way prevented by court order from continuing to conduct all or any material part of its business affairs, or if a judgment or other claim becomes a lien or encumbrance upon any material portion of any a Borrower's ’s assets, or if a notice of lien, levy, or assessment is filed of record with respect to any of any a Borrower's ’s assets by the United States Government, or any department, agency, or instrumentality thereof, or by any state, county, municipal, or governmental agency, and the same is not paid within ten five (105) days after any such Borrower receives notice thereof, provided that none of the foregoing shall constitute an Event of Default where such action or event is stayed or an adequate bond has been posted pending a good faith contest by any Borrowera Borrower (provided that no Credit Extensions will be made during such cure period);
Appears in 1 contract
Samples: Loan and Security Agreement (CareView Communications Inc)
Attachment. If, after the termination of the Merger Agreement, If any material portion of any Borrower's assets is attached, seized, subjected to a writ or distress warrant, or is levied upon, or comes into the possession of any trustee, receiver or person acting in a similar capacity and such attachment, seizure, writ or distress warrant or levy has not been removed, discharged or rescinded within ten thirty (1030) days, or if any Borrower is enjoined, restrained, or in any way prevented by court order from continuing to conduct all or any material part of its business affairs, or if a judgment or other claim becomes a lien or encumbrance upon any material portion of any Borrower's assets, or if a notice of lien, levy, or assessment is filed of record with respect to any material portion of any Borrowerborrower's assets by the United States Governmentgovernment, or any department, agency, or instrumentality thereof, or by any state, county, municipal, or governmental agency, and the same is not paid within ten thirty (1030) days after any Borrower receives notice thereof, provided that none of the foregoing shall constitute an Event of Default where such action or event is stayed or an adequate bond has been posted pending a good faith contest by any BorrowerBorrower (provided that no Advances will be required to be made during such cure period);
Appears in 1 contract
Attachment. If, after the termination of the Merger Agreement, If any material portion of any a Borrower's assets is ---------- attached, seized, subjected to a writ or distress warrant, or is levied upon, or comes into the possession of any trustee, receiver or person acting in a similar capacity and such attachment, seizure, writ or distress warrant or levy has not been removed, discharged or rescinded within ten (10) days, or if any a Borrower is enjoined, restrained, or in any way prevented by court order from continuing to conduct all or any material part of its business affairs, or if a judgment or other claim becomes a lien or encumbrance upon any material portion of any a Borrower's assets, or if a notice of lien, levy, or assessment is filed of record with respect to any of any a Borrower's assets by the United States Government, or any department, agency, or instrumentality thereof, or by any state, county, municipal, or governmental agency, and the same is not paid within ten thirty (1030) days after any a Borrower receives written notice thereof, provided that none of the foregoing shall constitute an Event of Default where such action or event is stayed or an adequate bond has been posted pending a good faith contest by any Borrowera Borrower (provided that no Advances will be required to be made during such cure period);
Appears in 1 contract
Attachment. If, after the termination of the Merger Agreement, If any material portion of any Borrower's assets the Collateral is attached, seized, subjected to a writ or distress warrant, or is levied upon, or comes into the possession of any trustee, receiver or person Person acting in a similar capacity and such attachment, seizure, writ or distress warrant or levy has not been removed, discharged or rescinded within ten (10) days, or if Borrower or any Borrower Subsidiary is enjoined, restrained, or in any way prevented by court order from continuing to conduct all or any material part of its business affairs, or if a judgment or other claim becomes a lien or encumbrance upon any material portion of Borrower’s or any Borrower's Subsidiary’s assets, or if a notice of lien, levy, or assessment is filed of record with respect to any of any Borrower's Xxxxxxxx’s or such Subsidiary’s assets by the United States Government, or any department, agency, or instrumentality thereof, or by any state, county, municipal, or governmental agency, and the same is not paid within ten (10) days after any Borrower Xxxxxxxx receives notice thereof, ; provided that none of the foregoing shall constitute an Event of Default where such action or event is stayed or an adequate bond has been posted pending a good faith contest contesting by any Borrower;Borrower or its Subsidiary.
Appears in 1 contract
Attachment. If, after the termination of the Merger Agreement, If any material portion of any Borrower's ’s assets is attached, seized, subjected to a writ or distress warrant, or is levied upon, or comes into the possession of any trustee, receiver receiver, or person acting in a similar capacity and such attachment, seizure, writ or distress warrant warrant, or levy has not been removed, discharged discharged, or rescinded within ten (10) 10 days, or if any Borrower is enjoined, restrained, or in any way prevented by court order from continuing to conduct all or any material part of its business affairs, or if a judgment or other claim becomes a lien or encumbrance upon any material portion of any Borrower's ’s assets, or if a notice of lien, levy, or assessment is filed of record with respect to any of any Borrower's ’s assets by the United States Government, or any department, agency, or instrumentality thereof, or by any state, county, municipal, or governmental agency, and the same is not paid within ten (10) 10 days after any such Borrower receives notice thereof, provided that none of the foregoing shall constitute an Event of Default where such action or event is stayed or an adequate bond has been posted pending a good faith contest by any such Borrower;
Appears in 1 contract
Attachment. If, after the termination of the Merger Agreement, If any material portion of any a Borrower's ’s assets is attached, seized, subjected to a writ or distress warrant, or is levied upon, or comes into the possession of any trustee, receiver or person acting in a similar capacity and such attachment, seizure, writ or distress warrant or levy has not been removed, discharged or rescinded within ten fifteen (1015) days, or if any a Borrower is enjoined, restrained, or in any way prevented by court order from continuing to conduct all or any material part of its business affairs, or if a judgment or other claim becomes a lien or encumbrance upon any material portion of any a Borrower's ’s assets, or if a notice of lien, levy, or assessment is filed of record with respect to any material portion of any a Borrower's ’s assets by the United States Government, or any department, agency, or instrumentality thereof, or by any state, county, municipal, or governmental agency, and the same is not paid within ten fifteen (1015) days after any such Borrower receives notice thereof, provided that none of the foregoing shall constitute an Event of Default where such action or event is stayed or an adequate bond has been posted pending a good faith contest by any BorrowerBorrower (provided that no Credit Extensions will be required to be made during such cure period);
Appears in 1 contract
Attachment. If, after the termination of the Merger Agreement, If any material portion of any of a Borrower's assets is attached, seized, subjected to a writ or distress warrant, or is levied upon, or comes into the possession of any trustee, receiver or person acting in a similar capacity and such attachment, seizure, writ or distress warrant or levy has not been removed, discharged or rescinded within ten (10) days, or if any Borrower is enjoined, restrained, or in any way prevented by court order from continuing to conduct all or any material part of its business affairs, or if a judgment or other claim becomes a lien or encumbrance upon any material portion of any Borrower's assets, or if a notice of lien, levy, or assessment is filed of record with respect to any of any Borrower's assets by the United States Government, or any department, agency, or instrumentality thereof, or by any state, county, municipal, or governmental agency, and the same is not paid within ten (10) days after any Borrower receives notice thereof, provided that none of the foregoing shall constitute an Event of Default where such action or event is stayed or an adequate bond has been posted pending a good faith contest by any Borrowersuch Borrower (provided that no Credit Extensions will be required to be made during such cure period);
Appears in 1 contract
Attachment. If, after the termination of the Merger Agreement, If any material portion of any Borrower's ’s assets is attached, seized, subjected to a writ or distress warrant, or is levied upon, or comes into the possession of any trustee, receiver or person acting in a similar capacity and such attachment, seizure, writ or distress warrant or levy has not been removed, discharged or rescinded within ten (10) days, or if any Borrower is enjoined, restrained, or in any way prevented by court order from continuing to conduct all or any material part of its business affairs, or if a judgment or other claim (other than a Permitted Lien) becomes a lien or encumbrance upon any material portion of any Borrower's ’s assets, or if a notice of lien, levy, or assessment is filed of record with respect to any material portion of any Borrower's ’s assets by the United States Government, or any department, agency, or instrumentality thereof, or by any state, county, municipal, or governmental agency, and the same is not paid within ten (10) days after any Borrower receives notice thereof, provided that none of the foregoing shall constitute an Event of Default where such action or event is stayed or an adequate bond has been posted pending a good faith contest by any BorrowerBorrower (provided that no new Credit Extensions will be made during such cure period);
Appears in 1 contract
Attachment. If, after the termination of the Merger Agreement, If any material portion of any Borrower's assets is ---------- attached, seized, subjected to a writ or distress warrant, or is levied upon, or comes into the possession of any trustee, receiver or person acting in a similar capacity and such attachment, seizure, writ or distress warrant or levy has not been removed, discharged or rescinded within ten thirty (1030) days, or if any Borrower is enjoined, restrained, or in any way prevented by court order from continuing to conduct all or any material part of its business affairs, or if a judgment or other claim becomes a lien or encumbrance upon any material portion of any Borrower's assets, or if a notice of lien, levy, or assessment is filed of record with respect to any of any Borrower's assets by the United States Government, or any department, agency, or instrumentality thereof, or by any state, county, municipal, or governmental agency, and the same is not paid within ten thirty (1030) days after any Borrower receives notice thereof, provided that none of the foregoing shall constitute an Event of Default where such action or event is stayed or an adequate bond has been posted pending a good faith contest by any BorrowerBorrower (provided that no Credit Extensions will be required to be made during such cure period);
Appears in 1 contract
Samples: Loan and Security Agreement (Natural Microsystems Corp)
Attachment. If, after the termination of the Merger Agreement, If any material portion of any Borrower's assets the Collateral is attached, seized, subjected to a writ or distress warrant, or is levied upon, or comes into the possession of any trustee, receiver or person Person acting in a similar capacity and such attachment, seizure, writ or distress warrant or levy has not been removed, discharged or rescinded within ten (10) days, or if Borrower or any Borrower Subsidiary is enjoined, restrained, or in any way prevented by court order from continuing to conduct all or any material part of its business affairs, or if a judgment or other claim becomes a lien or encumbrance upon any material portion of Borrower’s or any Borrower's Subsidiary’s assets, or if a notice of lien, levy, or assessment is filed of record with respect to any of any Borrower's Xxxxxxxx’s or such Subsidiary’s assets by the United States Government, or any department, agency, or instrumentality thereof, or by any state, county, municipal, or governmental agency, and the same is not paid within ten (10) days after any Borrower Loan Party receives notice thereof, ; provided that none of the foregoing shall constitute an Event of Default where such action or event is stayed or an adequate bond has been posted pending a good faith contest contesting by any Borrower;Borrower or its Subsidiary.
Appears in 1 contract
Attachment. If, after the termination of the Merger Agreement, If any material portion of any a Borrower's ’s assets is attached, seized, subjected to a writ or distress warrant, or is levied upon, or comes into the possession of any trustee, receiver or person acting in a similar capacity and such attachment, seizure, writ or distress warrant or levy has not been removed, stayed, discharged or rescinded within ten (10) 10 days, or if any a Borrower is enjoined, restrained, or in any way prevented by court order from continuing to conduct all or any material part of its business affairs, or if a judgment or other claim becomes a lien or encumbrance upon any material portion of any a Borrower's ’s assets, or if a notice of lien, levy, or assessment is filed of record with respect to any of any a Borrower's ’s assets by the United States Government, or any department, agency, or instrumentality thereof, or by any state, county, municipal, or governmental agency, and the same is not paid within ten (10) 10 days after any a Borrower receives notice thereof, provided that none of the foregoing shall constitute an Event of Default where such action or event is stayed or an adequate bond has been posted pending a good faith contest by any Borrowera Borrower (provided that no Credit Extensions will be required to be made during such cure period);
Appears in 1 contract
Samples: Loan and Security Agreement (Safeguard Scientifics Inc)
Attachment. If, after the termination of the Merger Agreement, If any material portion of any Borrower's assets the Collateral is attached, seized, subjected to a writ or distress warrant, or is levied upon, or comes into the possession of any trustee, receiver or person Person acting in a similar capacity and such attachment, seizure, writ or distress warrant or levy has not been removed, discharged or rescinded within ten (10) days, or if Borrower or any Borrower Subsidiary is enjoined, restrained, or in any way prevented by court order from continuing to conduct all or any material part of its business affairs, or if a judgment or other claim becomes a lien or encumbrance upon any material portion of Borrower’s or any Borrower's Subsidiary’s assets, or if a notice of lien, levy, or assessment is filed of record with respect to any of any Borrower's ’s or such Subsidiary’s assets by the United States Government, or any department, agency, or instrumentality thereof, or by any state, county, municipal, or governmental agency, and the same is not paid within ten (10) days after any Borrower receives notice thereof, ; provided that none of the foregoing shall constitute an Event of Default where such action or event is stayed or an adequate bond has been posted pending a good faith contest contesting by any Borrower;Borrower or its Subsidiary.
Appears in 1 contract
Attachment. If, after the termination of the Merger Agreement, If any material portion of any Borrower's assets is attached, seized, subjected to a writ or distress warrant, or is levied upon, or comes into the possession of any trustee, receiver or person acting in a similar capacity and such attachment, seizure, writ or distress warrant or levy has not been removed, discharged or rescinded within ten thirty (1030) days, or if any a Borrower is enjoined, restrained, or in any way prevented by court order from continuing to conduct all or any material part of its business affairs, or if a judgment or other claim becomes a lien or encumbrance upon any material portion of any Borrower's assets, or if a notice of lien, levy, or assessment is filed of record with respect to any of any Borrower's assets by the United States Government, or any department, agency, or instrumentality thereof, or by any state, county, municipal, or governmental agency, and the same is not paid within ten thirty (1030) days after any Borrower receives notice thereof, provided that none of the foregoing shall constitute an Event of Default where such action or event is stayed or an adequate bond has been posted pending a good faith contest by any BorrowerBorrower (provided that no Advances will be required to be made during such cure period);
Appears in 1 contract
Attachment. If, after the termination of the Merger Agreement, If any material portion of any Borrower's ’s assets is attached, seized, subjected to a writ or distress warrant, or is levied upon, or comes into the possession of any trustee, receiver or person acting in a similar capacity and such attachment, seizure, writ or distress warrant or levy has not been removed, discharged or rescinded within ten (10) daysdays after Borrower receives notice thereof, or if any Borrower is enjoined, restrained, or in any way prevented by court order from continuing to conduct all or any material part of its business affairs, or if a judgment or other claim becomes a lien or encumbrance upon any material portion of any Borrower's ’s assets, or if a notice of lien, levy, or assessment is filed of record with respect to any of any Borrower's ’s assets by the United States Government, or any department, agency, or instrumentality thereof, or by any state, county, municipal, or governmental agency, and the same is not paid within ten (10) days after any Borrower receives notice thereof, provided that none of the foregoing shall constitute an Event of Default where such action or event is stayed or an adequate bond has been posted pending a good faith contest by any BorrowerBorrower (provided that no Credit Extensions will be required to be made during such cure period);
Appears in 1 contract
Samples: Loan and Security Agreement (Genaissance Pharmaceuticals Inc)
Attachment. If, after the termination of the Merger Agreement, If any material portion of any a Borrower's ’s assets is attached, seized, subjected to a writ or distress warrant, or is levied upon, or comes into the possession of any trustee, receiver or person acting in a similar capacity and such attachment, seizure, writ or distress warrant or levy has not been removed, discharged or rescinded within ten (10) days, or if any a Borrower is enjoined, restrained, or in any way prevented by court order from continuing to conduct all or any material part of its business affairs, or if a judgment or other claim becomes a lien or encumbrance upon any material portion of any a Borrower's ’s assets, or if a notice of lien, levy, or assessment is filed of record with respect to any of any a Borrower's ’s assets by the United States Government, or any department, agency, or instrumentality thereof, or by any state, county, municipal, or governmental agency, and the same is not paid within ten (10) days after any such Borrower receives notice thereof, provided that none of the foregoing shall constitute an Event of Default where such action or event is stayed or an adequate bond has been posted pending a good faith contest by any BorrowerBorrower (provided that no Credit Extensions will be required to be made during such cure period);
Appears in 1 contract
Samples: Loan and Security Agreement (Northern Star Acquisition Corp.)
Attachment. If, after the termination of the Merger Agreement, If any material portion of any a Borrower's assets is attached, seized, subjected to a writ or distress warrant, or is levied upon, or comes into the possession of any trustee, receiver or person acting in a similar capacity and such attachment, seizure, writ or distress warrant or levy has not been removed, discharged or rescinded within ten thirty (1030) days, or if any a Borrower is enjoined, restrained, or in any way prevented by court order from continuing to conduct all or any material part of its business affairs, or if a judgment or other claim becomes a lien or encumbrance upon any material portion of any a Borrower's assets, or if a notice of lien, levy, or assessment is filed of record with respect to any of any a Borrower's assets by the United States Government, or any department, agency, or instrumentality thereof, or by any state, county, municipal, or governmental agency, and the same is not paid within ten thirty (1030) days after any a Borrower receives notice thereof, provided that none of the foregoing shall constitute an Event of Default where such action or event is stayed or an adequate bond has been posted pending a good faith contest by any Borrowersuch Borrower (provided that no Advances will be required to be made during such cure period);
Appears in 1 contract
Samples: Loan and Security Agreement (Advanced Energy Industries Inc)
Attachment. If, after the termination of the Merger Agreement, If any material portion of any a Borrower's ’s assets is attached, seized, subjected to a writ or distress warrant, or is levied upon, or comes into the possession of any trustee, receiver or person acting in a similar capacity and such attachment, seizure, writ or distress warrant or levy has not been removed, discharged or rescinded within ten (10) 10 days, or if any a Borrower is enjoined, restrained, or in any way prevented by court order from continuing to conduct all or any material part of its business affairs, or if a judgment or other claim becomes a lien or encumbrance upon any material portion of any a Borrower's ’s assets, or if a notice of lien, levy, or assessment is filed of record with respect to any material portion of any a Borrower's ’s assets by the United States Government, or any department, agency, or instrumentality thereof, or by any state, county, municipal, or governmental agency, and the same is not paid within ten (10) days after any such Borrower receives notice thereof, provided that none of the foregoing shall constitute an Event of Default where such action or event is stayed or an adequate bond has been posted pending a good faith contest by any Borrowersuch Borrower (provided that no Credit Extensions will be made during such cure period);
Appears in 1 contract
Samples: Loan and Security Agreement (Everyday Health, Inc.)
Attachment. If, after the termination of the Merger Agreement, If any material portion of any Borrower's assets is attached, seized, subjected to a writ or distress warrant, or is levied upon, or comes into the possession of any trustee, receiver or person Person acting in a similar capacity and such attachment, seizure, writ or distress warrant or levy has not been removed, discharged or rescinded within ten (10) days, or if any Borrower is enjoined, restrained, or in any way prevented by court order from continuing to conduct all or any material part of its business affairs, or if a judgment or other claim becomes a lien or encumbrance upon any material portion of any Borrower's assets, or if a notice of lien, levy, or assessment is filed of record with respect to any of any Borrower's assets by the United States Government, or any department, agency, or instrumentality thereof, or by any state, county, municipal, or governmental agency, and the same is not paid within ten twenty (1020) days after any Borrower receives notice thereof, provided PROVIDED that none of the foregoing shall constitute an Event of Default where such action or event is stayed or an adequate bond has been posted pending a good faith contest contesting by any BorrowerBorrower (PROVIDED that no Advances will be made during such cure period);
Appears in 1 contract
Attachment. If, after the termination of the Merger Agreement, If any material portion of any Borrower's ’s assets is attached, seized, subjected to a writ or distress warrant, or is levied upon, or comes into the possession of any trustee, receiver or person acting in a similar capacity and such attachment, seizure, writ or distress warrant or levy has not been removed, discharged or rescinded within ten thirty (1030) days, or if any Borrower is enjoined, restrained, or in any way prevented by court order from continuing to conduct all or any material part of its business affairs, or if a judgment or other claim becomes a lien or encumbrance upon any material portion of any Borrower's ’s assets, or if a notice of lien, levy, or assessment is filed of record with respect to any of any Borrower's ’s assets by the United States Governmentor any other foreign government, or any department, agency, or instrumentality thereof, or by any state, county, municipal, or governmental agency, and the same is not paid within ten thirty (1030) days after any Borrower receives notice thereof, provided that none of the foregoing shall constitute an Event of Default where such action or event is stayed or an adequate bond has been posted pending a good faith contest by any BorrowerBorrower (provided that no Advances will be required to be made during such cure period);
Appears in 1 contract
Attachment. If, after the termination of the Merger Agreement, any If all or a material portion of any a Borrower's ’s assets is attached, seized, subjected to a writ or distress warrant, or is levied upon, or comes into the possession of any trustee, receiver or person acting in a similar capacity and such attachment, seizure, writ or distress warrant or levy has not been removed, discharged or rescinded within ten (10) days, or if any a Borrower is enjoined, restrained, or in any way prevented by court order from continuing to conduct all or any material part of its business affairs, or if a judgment or other claim becomes a lien or encumbrance upon any material portion of any a Borrower's ’s assets, or if a notice of lien, levy, or assessment is filed of record with respect to any of any a Borrower's ’s assets by the United States Government, or any department, agency, or instrumentality thereof, or by any state, county, municipal, or governmental agency, and the same is not paid within ten (10) days after any a Borrower receives notice thereof, provided that none of the foregoing shall constitute an Event of Default where such action or event is stayed or an adequate bond has been posted pending a good faith contest by any BorrowerBorrowers (provided that no Credit Extensions will be required to be made during such cure period);
Appears in 1 contract
Attachment. If, after the termination of the Merger Agreement, If any material portion of any a Borrower's ’s assets is attached, seized, subjected to a writ or distress warrant, or is levied upon, or comes into the possession of any trustee, receiver or person acting in a similar capacity and such attachment, seizure, writ or distress warrant or levy has not been removed, discharged or rescinded within ten (10) days, or if any a Borrower is enjoined, restrained, or in any way prevented by court order from continuing to conduct all or any material part of its business affairs, or if a judgment or other claim becomes a lien or encumbrance upon any material portion of any a Borrower's ’s assets, or if a notice of lien, levy, or assessment is filed of record with respect to any of any a Borrower's ’s assets by the United States Government, or any department, agency, or instrumentality thereof, or by any state, county, municipal, or governmental agency, and the same is not paid within ten (10) days after any a Borrower receives notice thereof, provided that none of the foregoing shall constitute an Event of Default where such action or event is stayed or an adequate bond has been posted pending a good faith contest by any Borrowersuch Borrower (provided that no Credit Extensions will be required to be made during such cure period);
Appears in 1 contract
Samples: Loan and Security Agreement (Document Capture Technologies, Inc.)
Attachment. If, after the termination of the Merger Agreement, If any material portion of any a Borrower's ’s assets is attached, seized, subjected to a writ or distress warrant, or is levied upon, or comes into the possession of any trustee, receiver or person acting in a similar capacity and such attachment, seizure, writ or distress warrant or levy has not been removed, discharged or rescinded within ten (10) 15 days, or if any a Borrower is enjoined, restrained, or in any way prevented by court order from continuing to conduct all or any material part of its business affairs, or if a judgment or other claim becomes a lien or encumbrance upon any material portion of any a Borrower's ’s assets, or if a notice of lien, levy, or assessment is filed of record with respect to any material portion of any a Borrower's ’s assets by the United States Government or Canadian Government, or any department, agency, or instrumentality thereof, or by any state, provincial, county, municipal, or governmental agency, and the same is not paid within ten (10) 15 days after any such Borrower receives notice thereof, provided that none of the foregoing shall constitute an Event of Default where such action or event is stayed or an adequate bond has been posted pending a good faith contest by any such Borrower;
Appears in 1 contract
Samples: Credit Agreement (Trupanion Inc.)
Attachment. If, after the termination of the Merger Agreement, If any material portion of any a Borrower's ’s assets is attached, seized, subjected to a writ or distress warrant, or is levied upon, or comes into the possession of any trustee, receiver or person acting in a similar capacity and such attachment, seizure, writ or distress warrant or levy has not been removed, discharged or rescinded within ten (10) 10 days, or if any a Borrower is enjoined, restrained, or in any way prevented by court order from continuing to conduct all or any material part of its business affairs, or if a judgment or other claim becomes a lien or encumbrance upon any material portion of any a Borrower's ’s assets, or if a notice of lien, levy, or assessment is filed of record with respect to any material portion of any a Borrower's ’s assets by the United States Government, or any department, agency, or instrumentality thereof, or by any state, county, municipal, or governmental agency, and the same is not paid within ten (10) days after any a Borrower receives notice thereof, provided that none of the foregoing shall constitute an Event of Default where such action or event is stayed or an adequate bond has been posted pending a good faith contest by any Borrowersuch Borrower (provided that no Credit Extensions will be made during such cure period);
Appears in 1 contract
Samples: Loan and Security Agreement (Compass Therapeutics, Inc.)
Attachment. If, after the termination of the Merger Agreement, If any material portion of any a Borrower's assets is attached, seized, subjected to a writ or distress warrant, or is levied upon, or comes into the possession of any trustee, receiver or person acting in a similar capacity and such attachment, seizure, writ or distress warrant or levy has not been removed, discharged or rescinded within ten (10) days, or if any a Borrower is enjoined, restrained, or in any way anyway prevented by court order from continuing to conduct all or any material part of its business affairs, or if a judgment or other claim becomes a lien or encumbrance upon any material portion of any a Borrower's assets, or if a notice of lien, levy, or assessment is filed of record with respect to any of any a Borrower's material assets by the United States Government, or any department, agency, or instrumentality thereof, or by any state, county, municipal, or governmental agency, and the same is not paid within ten (10) days after any a Borrower receives notice thereof, provided that none of the foregoing shall constitute an Event of Default where such action or event is stayed or an adequate bond has been posted pending a good faith contest by any BorrowerBorrowers (provided that no Credit Extensions will be required to be made during such cure period);
Appears in 1 contract
Attachment. If, after the termination of the Merger Agreement, If any material portion of any Borrower's ’s assets having a value in excess of $50,000 is attached, seized, subjected to a writ or distress warrant, or is levied upon, or comes into the possession of any trustee, receiver or person acting in a similar capacity and such attachment, seizure, writ or distress warrant or levy has not been removed, discharged or rescinded within ten (10) days, or if any Borrower is enjoined, restrained, or in any way prevented by court order from continuing to conduct all or any material part of its business affairs, or if a judgment or other claim becomes a lien or encumbrance upon any material portion of any Borrower's ’s assets, or if a notice of lien, levy, or assessment is filed of record with respect to any of any Borrower's ’s assets by the United States Government, or any department, agency, or instrumentality thereof, or by any state, county, municipal, or governmental agency, and the same is not paid within ten (10) days after any Borrower receives notice thereof, provided that none of the foregoing shall constitute an Event of Default where such action or event is stayed or an adequate bond has been posted pending a good faith contest by any BorrowerBorrower (provided that no Credit Extensions will be required to be made during such cure period);
Appears in 1 contract
Attachment. If, after the termination of the Merger Agreement, If any material portion of any Borrower's assets ---------- is attached, seized, subjected to a writ or distress warrant, or is levied upon, or comes into the possession of any trustee, receiver or person acting in a similar capacity and such attachment, seizure, writ or distress warrant or levy has not been removed, discharged or rescinded within ten (10) days, or if any Borrower is enjoined, restrained, or in any way prevented by court order from continuing to conduct all or any material part of its business affairs, or if a judgment or other claim becomes a lien or encumbrance upon any material portion of any Borrower's assets, or if a notice of lien, levy, or assessment is filed of record with respect to any of any such Borrower's assets by the United States Government, or any department, agency, or instrumentality thereof, or by any state, county, municipal, or governmental agency, and the same is not paid within ten (10) days after any such Borrower receives notice thereof, provided that none of the foregoing shall constitute an Event of Default where such action or event is stayed or an adequate bond has been posted pending a good faith contest by any Borrowersuch Borrower (provided that no Credit Extensions will be required to be made during such cure period);
Appears in 1 contract
Samples: Loan and Security Agreement (SQL Financials International Inc /De)
Attachment. If, after the termination of the Merger Agreement, If any material portion of any Borrower's assets Collateral is attached, seized, subjected to a writ or distress warrant, or is levied upon, or comes into the possession of any trustee, receiver or person acting in a similar capacity and such attachment, seizure, writ or distress warrant or levy has not been removed, discharged or rescinded within ten (10) 30 days, or if any Borrower Party is enjoined, restrained, or in any way prevented by court order from continuing to conduct all or any material part of its business affairs, or if a judgment or other claim becomes a lien or encumbrance upon any material portion of any Borrower's assetsCollateral that is not removed, discharged or rescinded within 30 days, or if a notice of lien, levy, or assessment is filed of record with respect to any material portion of any Borrower's assets Collateral by the United States Government, or any department, agency, or instrumentality thereof, or by any state, county, municipal, or governmental agency, and the same is not paid that is not removed, discharged or rescinded within ten (10) 30 days after any such Borrower Party receives notice thereof, provided that none of the foregoing shall constitute an Event of Default where such action or event is stayed or an adequate bond has been posted pending a good faith contest by any Borrower;such Borrower Party (provided that no Advances will be made during such cure period).
Appears in 1 contract
Samples: Secured Loan Agreement (ComSovereign Holding Corp.)
Attachment. If, after the termination of the Merger Agreement, If any material portion of any Borrower's ’s assets is attached, seized, subjected to a writ or distress warrant, or is levied upon, or comes into the possession of any trustee, receiver or person acting in a similar capacity and such attachment, seizure, writ or distress warrant or levy has not been removed, discharged or rescinded within ten thirty (1030) days, or if any Borrower is enjoined, restrained, or in any way prevented by court order from continuing to conduct all or any material part of its business affairs, or if a judgment or other claim becomes a lien or encumbrance upon any material portion of any Borrower's ’s assets, or if a notice of lien, levy, or assessment is filed of record with respect to any material portion of any Borrower's ’s assets by the United States Government, or any department, agency, or instrumentality thereof, or by any state, county, municipal, or governmental agency, and the same is not paid within ten thirty (1030) days after any Borrower receives notice thereof, provided that none of the foregoing shall constitute an Event of Default where such action or event is stayed or an adequate bond has been posted pending a good faith contest by any BorrowerBorrower (provided that no Credit Extensions will be required to be made before such action or event is stayed or an adequate bond posted;
Appears in 1 contract
Attachment. If, after the termination of the Merger Agreement, If any material portion of any Borrower's assets is attached, seized, subjected to a writ or distress warrant, or is levied upon, or comes into the possession of any trustee, receiver or person acting in a similar capacity and such attachment, seizure, writ or distress warrant or levy has not been removed, discharged or rescinded or bonded over within ten (10) days, or if any Borrower is enjoined, restrained, or in any way prevented by court order from continuing to conduct all or any material part of its business affairs, or if a judgment or other claim becomes a lien or encumbrance upon any material portion of any Borrower's assets, or if a notice of lien, levy, or assessment is filed of record with respect to any of any Borrower's assets by the United States Government, or any department, agency, or instrumentality thereof, or by any state, county, municipal, or governmental agency, and the same is not paid within ten (10) days after any Borrower receives notice thereof, provided that none of the foregoing shall constitute an Event of Default where such action or event is stayed or an adequate bond has been posted pending a good faith contest by any BorrowerBorrower (provided that no Advances or Term Loan Advances will be required to be made during such cure period);
Appears in 1 contract
Attachment. If, after the termination of the Merger Agreement, If any material portion of any a Borrower's assets is attached, seized, subjected to a writ or distress warrant, or is levied upon, or comes into the possession of any trustee, receiver or person acting in a similar capacity and such attachment, seizure, writ or distress warrant or levy has not been removed, discharged or rescinded within ten twenty (1020) days, or if any a Borrower is enjoined, restrained, or in any way prevented by court order from continuing to conduct all or any material part of its business affairs, or if a judgment or other claim becomes a lien or encumbrance upon any material portion of any a Borrower's assets, or if a notice of lien, levy, or assessment is filed of record with respect to any of any a Borrower's assets by the United States Government, or any department, agency, or instrumentality thereof, or by any state, county, municipal, or governmental agency, and the same is not paid within ten twenty (1020) days after any such Borrower receives notice thereof, provided that none of the foregoing shall constitute an Event of Default where such action or event is stayed or an adequate bond has been posted pending a good faith contest by any Borrowersuch Borrower (provided that no Credit Extensions will be required to be made during such cure period);
Appears in 1 contract
Samples: Loan and Security Agreement (Vitalstream Holdings Inc)
Attachment. If, after the termination of the Merger Agreement, If any material portion of any either Borrower's ’s assets is attached, seized, subjected to a writ or distress warrant, or is levied upon, or comes into the possession of any trustee, receiver or person acting in a similar capacity and such attachment, seizure, writ or distress warrant or levy has not been removed, discharged or rescinded within ten (10) 30 days, or if any either Borrower is enjoined, restrained, or in any way prevented by court order from continuing to conduct all or any material part of its business affairs, or if a judgment or other claim becomes a lien or encumbrance upon any material portion of any either Borrower's ’s assets, or if a notice of lien, levy, or assessment is filed of record with respect to any of any either Borrower's ’s assets by the United States or Canadian Government, or any department, agency, or instrumentality thereof, or by any state, county, municipal, or governmental agency, and the same is not paid within ten (10) days after any a Borrower receives notice thereof, provided that none of the foregoing shall constitute an Event of Default where such action or event is stayed or an adequate bond has been posted pending a good faith contest by any Borrowersuch Borrower (provided that no Credit Extensions will be made during such cure period);
Appears in 1 contract
Attachment. If, after the termination of the Merger Agreement, If any material portion of any Borrower's assets is attached, seized, subjected to a writ or distress warrant, or is levied upon, or comes into the possession of any trustee, receiver or person acting in a similar capacity and such attachment, seizure, writ or distress warrant or levy has not been removed, discharged or rescinded within ten thirty (1030) days, or if any Borrower is enjoined, restrained, or in any way prevented by court order from continuing to conduct all or any material part of its business affairs, or if a judgment or other claim becomes a lien or encumbrance upon any material portion of any Borrower's assets, or if a notice of lien, levy, or assessment is filed of record with respect to any of any Borrower's assets by the United States GovernmentGovernment or the Government of Canada or of any province, or any department, agency, or instrumentality thereof, or by any state, county, municipal, or governmental agency, and the same is not paid within ten thirty (1030) days after any Borrower receives notice thereof, provided that none of the foregoing shall constitute an Event of Default where such action or event is stayed or an adequate bond has been posted pending a good faith contest by any BorrowerBorrower (provided that no Credit Extensions will be required to be made during such cure period);
Appears in 1 contract
Samples: Loan and Security Agreement (Crystal Decisions Inc)
Attachment. If, after the termination of the Merger Agreement, If any material portion of any Borrower's assets is attached, seized, subjected to a writ or distress warrant, or is levied upon, or comes into the possession of any trustee, receiver or person acting in a similar capacity and such attachment, seizure, writ or distress warrant or levy has not been removed, discharged or rescinded within ten forty-five (1045) days, or if any Borrower is enjoined, restrained, or in any way prevented by court order from continuing to conduct all or any material part of its business affairs, or if a judgment or other claim becomes a lien or encumbrance upon any material portion of any Borrower's assets, or if a notice of lien, levy, or assessment is filed of record with respect to any of any Borrower's assets by the United States Government, or any department, agency, or instrumentality thereof, or by any state, county, municipal, or governmental agency, and the same is not paid within ten forty-five (1045) days after any Borrower receives notice thereof, provided that none of the foregoing shall constitute an Event of Default where such action or event is stayed or an adequate bond has been posted pending a good faith contest by any BorrowerBorrower (provided that no Credit Extensions will be required to be made during such cure period);
Appears in 1 contract
Samples: Loan and Security Agreement (Juno Online Services Inc)
Attachment. If, after the termination of the Merger Agreement, If any material portion of any Borrower's a Loan Party’s assets is attached, seized, subjected to a writ or distress warrant, or is levied upon, or comes into the possession of any trustee, receiver or person Person acting in a similar capacity and such attachment, seizure, writ or distress warrant or levy has not been removed, discharged or rescinded within ten thirty (1030) days, or if any Borrower a Loan Party is enjoined, restrained, or in any way prevented by court order from continuing to conduct all or any material part of its business affairs, or if a judgment or other claim becomes a lien or encumbrance upon any material portion of any Borrower's a Loan Party’s assets, or if a notice of lien, levy, or assessment is filed of record with respect to any material portion of any Borrower's a Loan Party’s assets by the United States Government, or any department, agency, or instrumentality thereof, or by any state, county, municipal, or governmental agency, and the same is not paid within ten thirty (1030) days after any Borrower a Loan Party receives notice thereof, provided that none of the foregoing shall constitute an Event of Default where such action or event is stayed or an adequate bond has been posted pending a good faith contest by any Borrower;such Loan Party (provided that no Credit Extensions will be made during such cure period); 8.5
Appears in 1 contract
Samples: Execution Version Loan and Security Agreement (DraftKings Inc.)
Attachment. If, after the termination of the Merger Agreement, If any material portion of any such Borrower's assets is attached, seized, subjected to a writ or distress warrant, or is levied upon, or comes into the possession of any trustee, receiver or person acting in a similar capacity and such attachment, seizure, writ or distress warrant or levy has not been removed, discharged or rescinded within ten (10) days, or if any such Borrower is enjoined, restrained, or in any way prevented by court order from continuing to conduct all or any material part of its business affairs, or if a judgment or other claim becomes a lien or encumbrance upon any material portion of any such Borrower's assets, or if a notice of lien, levy, or assessment is filed of record with respect to any of any such Borrower's assets by the United States Government, or any department, agency, or instrumentality thereof, or by any state, county, municipal, or governmental agency, and the same is not paid within ten (10) days after any Borrower receives notice thereof, provided PROVIDED that none of the foregoing shall constitute an Event of Default where such action or event is stayed or an adequate bond has been posted pending a good faith contest by any Borrowersuch Borrower (PROVIDED that no Credit Extensions will be required to be made during such cure period);
Appears in 1 contract
Samples: Loan Agreement (Cymer Inc)
Attachment. If, after the termination of the Merger Agreement, If any material portion of any Borrower's the assets of a Significant Credit Party is attached, seized, subjected to a writ or distress warrant, or is levied upon, or comes into the possession of any trustee, receiver or person acting in a similar capacity and such attachment, seizure, writ or distress warrant or levy has not been removed, discharged or rescinded within ten twenty (1020) days, or if any Borrower a Significant Credit Party is enjoined, restrained, or in any way prevented by court order from continuing to conduct all or any material part of its business affairs, or if a judgment or other claim becomes a lien or encumbrance upon any material portion of any Borrower's assetsthe assets of a Credit Party, or if a notice of lien, levy, or assessment is filed of record with respect to any of any Borrower's the assets of a Significant Credit Party by the United States GovernmentGovernment or any foreign government, or any department, agency, or instrumentality thereof, or by any state, county, municipal, or governmental agency, and the same is not paid within ten twenty (1020) days after any Borrower receives receipt of notice thereofthereof by the affected Significant Credit Party, provided that none of the foregoing shall constitute an Event of Default where such action or event is stayed or an adequate bond has been posted pending a good faith contest by any Borrowera Significant Credit Party(provided that no Credit Extensions will be required to be made during such cure period);
Appears in 1 contract
Attachment. If, after the termination of the Merger Agreement, If any material portion of any a Borrower's ’s assets is attached, seized, subjected to a writ or distress warrant, or is levied upon, or comes into the possession of any trustee, receiver or person acting in a similar capacity and such attachment, seizure, writ or distress warrant or levy has not been removed, discharged or rescinded within ten (10) 10 days, or if any a Borrower is enjoined, restrained, or in any way prevented by court order from continuing to conduct all or any material part of its business affairs, or if a judgment or other claim becomes a lien or encumbrance upon any material portion of any a Borrower's ’s assets, or if a notice of lien, levy, or assessment is filed of record with respect to any material portion of any a Borrower's ’s assets by the United States Government, or any department, agency, or instrumentality thereof, or by any stateState, county, municipal, or governmental agency, and the same is not paid within ten (10) days after any such Borrower receives notice thereof, provided that none of the foregoing shall constitute an Event of Default where such action or event is stayed or an adequate bond has been posted pending a good faith contest by any Borrowersuch Borrower (provided that no Credit Extensions will be made during such cure period);
Appears in 1 contract
Samples: Loan and Security Agreement (Obalon Therapeutics Inc)
Attachment. If, after the termination of the Merger Agreement, If any Collateral or material portion of any Borrower's ’s assets is attached, seized, subjected to a writ or distress warrant, or is levied upon, or comes into the possession of any trustee, receiver or person acting in a similar capacity and such attachment, seizure, writ or distress warrant or levy has not been removed, discharged or rescinded within ten (10) days, or if any Borrower is enjoined, restrained, or in any way prevented by court order from continuing to conduct all or any material part of its business affairs, or if a judgment or other claim becomes a lien or encumbrance upon any Collateral or any material portion of any Borrower's ’s assets, or if a notice of lien, levy, or assessment is filed of record with respect to any of any Borrower's ’s assets by the United States Government, or any department, agency, or instrumentality thereof, or by any state, county, municipal, or governmental agency, and the same is not paid within ten (10) days after any Borrower receives notice thereof, provided that none of the foregoing shall constitute an Event of Default where such action or event is stayed or an adequate bond has been posted pending a good faith contest by any BorrowerBorrower (provided that no Credit Extensions will be made during such cure period);
Appears in 1 contract
Samples: Loan and Security Agreement (Complete Genomics Inc)
Attachment. If, after the termination of the Merger Agreement, If any material portion of any Borrower's assets the Collateral is attached, seized, subjected to a writ or distress warrant, or is levied upon, or comes into the possession of any trustee, receiver or person acting in a similar capacity capacity, and such attachment, seizure, writ or distress warrant or levy has not been removed, discharged or rescinded within ten thirty (1030) days, or if any Borrower is enjoined, restrained, or in any way prevented by court order from continuing to conduct all or any material part of its business affairs, or if a judgment or other claim in excess of $500,000 becomes a lien or encumbrance upon any material portion of any Borrower's ’s assets, or if a notice of lien, levy, or assessment is filed of record with respect to any material portion of any Borrower's ’s assets by the United States Government, or any department, agency, or instrumentality thereof, or by any state, county, municipal, or governmental agency, and the same is not paid within ten (10) twenty days after any Borrower receives notice thereof, provided that none of the foregoing shall constitute an Event of Default where such action or event is stayed or an adequate bond has been posted pending a good faith contest by any BorrowerBorrower (provided that no Credit Extensions will be required to be made during such cure period);
Appears in 1 contract
Samples: Loan and Security Agreement (Adnexus Therapeutics, Inc.)
Attachment. If, after the termination of the Merger Agreement, If any material portion of any Borrower's assets the Collateral is attached, seized, subjected to a writ or distress warrant, or is levied upon, or comes into the possession of any trustee, receiver or person Person acting in a similar capacity and such attachment, seizure, writ or distress warrant or levy has not been removed, discharged or rescinded within ten (10) days, or if Borrower or any Borrower Subsidiary is enjoined, restrained, or in any way prevented by court order from continuing to conduct all or any material part of its business affairs, or if a judgment or other claim becomes a lien or encumbrance upon any material portion of Borrower’s or any Borrower's Subsidiary’s assets, or if a notice of lien, levy, or assessment is filed of record with respect to any of any Borrower's Bxxxxxxx’s or such Subsidiary’s assets by the United States Government, or any department, agency, or instrumentality thereof, or by any state, county, municipal, or governmental agency, and the same is not paid within ten (10) days after any Borrower Bxxxxxxx receives notice thereof, ; provided that none of the foregoing shall constitute an Event of Default where such action or event is stayed or an adequate bond has been posted pending a good faith contest contesting by any Borrower;Borrower or its Subsidiary.
Appears in 1 contract
Samples: Loan and Security Agreement (Tempo Automation Holdings, Inc.)
Attachment. If, after the termination of the Merger Agreement, If any material portion of any Borrower's assets is attached, seized, subjected to a writ or distress warrant, or is levied upon, or comes into the possession of any trustee, receiver or person acting in a similar capacity and such attachment, seizure, writ or distress warrant or levy has not been removed, discharged or rescinded within ten (10) days, or if any Borrower is enjoined, restrained, or in any way prevented by court order from continuing to conduct all or any material part of its business affairs, or if a judgment or other claim becomes a lien or encumbrance upon any material portion of any Borrower's assets, or if a notice of lien, levy, or assessment is filed of record with respect to any of any Borrower's assets by the United States Government, or any department, agency, or instrumentality thereof, or by any state, county, municipal, or governmental agency, and the same is not paid within ten (10) days after any Borrower receives notice thereof, provided that none of the foregoing shall constitute an Event of Default where such action or event is stayed or an adequate bond has been posted pending a good faith contest by any BorrowerBorrower (provided that no Advances will be required to be made during such cure period);
Appears in 1 contract
Samples: Loan and Security Agreement (Simione Central Holdings Inc)
Attachment. If, after the termination of the Merger Agreement, If any material portion of Borrower’s assets or any Borrower's assets other Collateral is attached, seized, subjected to a writ or distress warrant, or is levied upon, or comes into the possession of any trustee, receiver or person acting in a similar capacity and such attachment, seizure, writ or distress warrant or levy has not been removed, discharged or rescinded within ten (10) 10 days, or if any Borrower is enjoined, restrained, or in any way prevented by court order from continuing to conduct all or any material part of its business affairs, or if a judgment or other claim becomes a lien or encumbrance upon any material portion of Borrower’s assets or any Borrower's assetsother Collateral, or if a notice of lien, levy, or assessment is filed of record with respect to any of Borrower’s assets or any Borrower's assets other Collateral by the United States Government, or any department, agency, or instrumentality thereof, or by any state, county, municipal, or governmental agency, and the same is not paid within ten (10) 10 days after any Borrower receives notice thereof, provided that none of the foregoing shall constitute an Event of Default where such action or event is stayed or an adequate bond has been posted pending a good faith contest by any BorrowerBorrower (provided that no Advances will be made during such cure period);
Appears in 1 contract
Attachment. If, after the termination of the Merger Agreement, If any material portion of any Borrower's ’s assets is attached, seized, subjected to a writ or distress warrant, or is levied upon, or comes into the possession of any trustee, receiver or person acting in a similar capacity and such attachment, seizure, writ or distress warrant or levy has not been removed, discharged or rescinded within ten thirty (1030) days, or if any Borrower is enjoined, restrained, or in any way prevented by court order from continuing to conduct all or any material part of its business affairs, or if a judgment or other claim becomes a lien or encumbrance upon any material portion of any Borrower's ’s assets, or if a notice of lien, levy, or assessment is filed of record with respect to any material portion of any Borrower's ’s assets by the United States Government, or any department, agency, or instrumentality thereof, or by any state, county, municipal, or governmental agency, and the same is not paid within ten thirty (1030) days after any Borrower receives notice thereof, provided that none of the foregoing shall constitute an Event of Default where such action or event is stayed or an adequate bond has been posted pending a good faith contest by any BorrowerBorrower (provided that no Credit Extensions will be required to be made during such cure period);”
Appears in 1 contract
Samples: Loan and Security Agreement (Tippingpoint Technologies Inc)
Attachment. If, after the termination of the Merger Agreement, If any material portion of any Borrower's ’s assets is attached, seized, subjected to a writ or distress warrant, or is levied upon, or comes into the possession of any trustee, receiver or person acting in a similar capacity and such attachment, seizure, writ or distress warrant or levy has not been removed, discharged or rescinded within ten (10) 10 days, or if any Borrower is enjoined, restrained, or in any way prevented by court order from continuing to conduct all or of any material part of its business affairs, or if a judgment or other claim becomes a lien or encumbrance upon any material portion of any Borrower's ’s assets, or if a notice of lien, levylevy Heat Biologics, Inc. USA 16 or assessment is filed of record with respect to any material portion of any Borrower's ’s assets by the United States Government, or any department, agency, or instrumentality thereof, or by any state, countycountry, municipal, or governmental agency, and the same is not paid within ten (10) days after any Borrower receives notice thereof, provided that none of the foregoing shall constitute an Event of Default where such action or event is stayed or an adequate bond has been posted pending a good faith contest by any Borrower;Borrower (provided that no Credit Extensions will be made during such cure period).
Appears in 1 contract
Attachment. If, after the termination of the Merger Agreement, If any material portion of any Borrower's ’s assets is attached, seized, subjected to a writ or distress warrant, or is levied upon, or comes into the possession of any trustee, receiver or person acting in a similar capacity and such attachment, seizure, writ or distress warrant or levy has not been removed, discharged or rescinded within ten (10) days, or if any Borrower is enjoined, restrained, or in any way prevented by court order from continuing to conduct all or any material part of its business affairs, or if a judgment or other claim becomes a lien (other than Permitted Liens) or encumbrance upon any material portion of any Borrower's ’s assets, or if a notice of lien, levy, or assessment in excess of $500,000 is filed of record with respect to any of any Borrower's ’s assets by the United States Government, or any department, agency, or instrumentality thereof, or by any state, county, municipal, or governmental agency, and the same is not paid within ten (10) days after any Borrower receives notice thereof, provided that none of the foregoing shall constitute an Event of Default where such action or event is stayed or an adequate bond has been posted pending a good faith contest by any BorrowerBorrower (provided that no Credit Extensions will be required to be made during such cure period);
Appears in 1 contract
Attachment. If, after the termination of the Merger Agreement, If any material portion of any Borrower's assets with a value in excess of $250,000 is attached, seized, subjected to a writ or distress warrant, or is levied upon, or comes into the possession of any trustee, receiver or person acting in a similar capacity and such attachment, seizure, writ or distress warrant or levy has not been removed, discharged or rescinded within ten (10) days, or if any Borrower is enjoined, restrained, or in any way prevented by court order from continuing to conduct all or any material part of its business affairs, or if a judgment or other claim becomes a lien or encumbrance upon any material portion of any Borrower's assets, or if a notice of lien, levy, or assessment is filed of record with respect to any of any Borrower's assets by the United States Government, or any department, agency, or instrumentality thereof, or by any state, county, municipal, or governmental agency, and the same is not paid within ten (10) days after any Borrower receives notice thereof, provided that none of the foregoing shall constitute an Event of Default where such action or event is stayed or an adequate bond has been posted pending a good faith contest by any BorrowerBorrower (provided that no Credit Extensions will be required to be made during such cure period);
Appears in 1 contract
Attachment. If, after the termination of the Merger Agreement, If any material portion of any a Borrower's ’s assets is attached, seized, subjected to a writ or distress warrant, or is levied upon, or comes into the possession of any trustee, receiver or person acting in a similar capacity and such attachment, seizure, writ or distress warrant or levy has not been removed, discharged or rescinded within ten (10) daysBusiness Days, or if any a Borrower is enjoined, restrained, or in any way prevented by court order from continuing to conduct all or any material part of its business affairs, or if a judgment or other claim becomes a lien or encumbrance upon any material portion of any such Borrower's ’s assets, or if a notice of lien, levy, or assessment is filed of record with respect to any of any such Borrower's ’s assets by the United States Government, or any department, agency, or instrumentality thereof, or by any state, county, municipal, or governmental agency, and the same is not paid within ten (10) days Business Days after any such Borrower receives notice thereof, provided that none of the foregoing shall constitute an Event of Default where such action or event is stayed or an adequate bond has been posted pending a good faith contest by any Borrowersuch Borrower (provided that no Credit Extensions will be required to be made during such cure period);
Appears in 1 contract
Samples: Loan and Security Agreement (CNL Strategic Capital, LLC)
Attachment. If, after the termination of the Merger Agreement, If any material portion of any Borrower's assets is attached, seized, subjected to a writ or distress warrant, or is levied upon, or comes into the possession of any trustee, receiver or person acting in a similar capacity and such attachment, seizure, writ or distress warrant or levy has not been removed, discharged or rescinded within ten (10) 45 days, or if any Borrower is enjoined, restrained, or in any way prevented by court order from continuing to conduct all or any material part of its business affairs, or if a judgment or other claim becomes a lien or encumbrance upon any material portion of any Borrower's assets, or if a notice of lien, levy, or assessment is filed of record with respect to any of any Borrower's assets valued in the aggregate in excess of $5,000,000 by the United States Government, or any department, agency, or instrumentality thereof, or by any state, county, municipal, or governmental agency, and any of the same is not paid within ten (10) 45 days after any Borrower receives notice thereof, provided that none of the foregoing shall constitute an Event of Default where such action or event is stayed or extinguished, or an adequate bond has been posted pending a good faith contest by any BorrowerBorrower (provided that no Credit Extensions will be required to be made during such cure period);
Appears in 1 contract
Samples: Loan and Security Agreement (Asyst Technologies Inc /Ca/)
Attachment. If, after the termination of the Merger Agreement, If any material portion of any Borrower's assets is attached, seized, subjected to a writ or distress warrant, or is levied upon, or comes into the possession of any trustee, receiver or person acting in a similar capacity and such attachment, seizure, writ or distress warrant or levy has not been removed, discharged or rescinded within ten thirty (1030) days, or if any Borrower is enjoined, restrained, or in any way prevented by court order from continuing to conduct all or any material part of its business affairs, or if a judgment or other claim becomes a lien or encumbrance upon any material portion of any Borrower's assetsassets and such lien or encumbrance has not been removed, discharged or rescinded within 30 days, or if a notice of lien, levy, or assessment is filed of record with respect to any material portion of any Borrower's assets by the United States Government, or any department, agency, or instrumentality thereof, or by any state, county, municipal, or governmental agency, and the same is not paid within ten thirty (1030) days after any Borrower receives notice thereof, provided that none of the foregoing shall constitute an Event of Default where such action or event is stayed or an adequate bond has been posted pending a good faith contest by any BorrowerBorrower (provided that no Credit Extensions will be required to be made during such cure period);
Appears in 1 contract
Samples: Loan and Security Agreement (Mobius Management Systems Inc)
