Common use of Covenant to Deliver Clause in Contracts

Covenant to Deliver. Borrower agrees (not as a condition but as a covenant) to deliver to Lender each item required to be delivered to Lender as a condition to each Loan, if such Loan is advanced. Borrower expressly agrees that the extension of such Loan prior to the receipt by Lender of any such item shall not constitute a waiver by Lender of Borrower’s obligation to deliver such item, and any such extension in the absence of a required item shall be in Lender’s sole discretion.

Appears in 11 contracts

Samples: Venture Loan and Security Agreement (Xtera Communications, Inc.), Venture Loan and Security Agreement (Singulex Inc), Equipment Loan and Security Agreement (Renovis Inc)

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Covenant to Deliver. Borrower agrees (not as a condition but as a covenant) to deliver to Lender Lenders each item required to be delivered to Lender Lenders as a condition to each Loan, if such Loan is advanced. Borrower expressly agrees that the extension of such Loan prior to the receipt by Lender Lenders of any such item shall not constitute a waiver by Lender Lenders of Borrower’s obligation to deliver such item, and any such extension in the absence of a required item shall be in Lender’s Lenders’ sole discretion.

Appears in 6 contracts

Samples: Venture Loan and Security Agreement, Venture Loan and Security Agreement (Ambit Biosciences Corp), Venture Loan and Security Agreement (Ambit Biosciences Corp)

Covenant to Deliver. Borrower agrees (not as a condition but as a covenant) to deliver to Lender each item required to be delivered to Lender as a condition to each the Loan, if such Loan is advanced. Borrower expressly agrees that the extension of such Loan prior to the receipt by Lender of any such item shall not constitute a waiver by Lender of Borrower’s 's obligation to deliver such item, and any such extension in the absence of a required item shall be in Lender’s sole discretion.

Appears in 6 contracts

Samples: Loan and Security Agreement (Portal Software Inc), Loan and Security Agreement (Soundbite Communications Inc), Loan and Security Agreement (Nextcard Inc)

Covenant to Deliver. Borrower agrees (not as a condition but as a covenant) to deliver to Lender each item required to be delivered to Lender as a condition to each Loan, if such Loan is advanced. Borrower expressly agrees that the extension of such Loan prior to the receipt by Lender of any such item shall not constitute a waiver by Lender of Borrower’s 's obligation to deliver such item, and any such extension in the absence of a required item shall be in Lender’s sole discretion.

Appears in 6 contracts

Samples: Loan and Security Agreement (Metabasis Therapeutics Inc), Lease Agreement (Virologic Inc), Equipment Loan and Security Agreement (Mitokor)

Covenant to Deliver. Borrower agrees (not as a condition but as a covenant) to deliver to Lender each item required to be delivered to Lender as a condition to each the Loan, if such the Loan is advanced. Borrower expressly agrees that the extension of such the Loan prior to the receipt by Lender of any such item shall not constitute a waiver by Lender of Borrower’s obligation to deliver such item, and any such extension in the absence of a required item shall be in Lender’s sole discretion.

Appears in 6 contracts

Samples: Venture Loan and Security Agreement, Venture Loan and Security Agreement (Tengion Inc), Venture Loan and Security Agreement (eXegenics Inc)

Covenant to Deliver. Borrower agrees (not as a condition but as a covenant) to deliver to Lender each item required to be delivered to Lender as a condition to each Loan, if such Loan is advanced. Borrower expressly agrees that the extension of such Loan prior to the receipt by Lender of any such item shall not constitute a waiver by Lender of Borrower’s 's obligation to deliver such item, and any such extension in the absence of a required item shall be in Lender’s 's sole discretion.

Appears in 4 contracts

Samples: Loan and Security Agreement (Nuvasive Inc), Loan and Security Agreement (Depomed Inc), Venture Loan and Security Agreement (Convio, Inc.)

Covenant to Deliver. Each Co-Borrower agrees (not as a condition but as a covenant) to deliver to Lender Lenders each item required to be delivered to Lender Lenders as a condition to each Loan, if such Loan is advanced. Each Co-Borrower expressly agrees that the extension of such any Loan prior to the receipt by a Lender of any such item shall not constitute a waiver by such Lender of any Co-Borrower’s obligation to deliver such item, and any such extension in the absence of a required item shall be in each Lender’s sole discretion.

Appears in 4 contracts

Samples: Loan Agreement (Environmental Impact Acquisition Corp), Venture Loan and Security Agreement (Stealth BioTherapeutics Corp), Loan and Security Agreement (Cerecor Inc.)

Covenant to Deliver. Borrower agrees (not as a condition but as a covenant) to deliver to Lender each item required to be delivered to Lender as a condition to each LoanAdvance, if such Loan Advance is advanced. Borrower expressly agrees that the extension of such Loan Advance prior to the receipt by Lender of any such item shall not constitute a waiver by Lender of Borrower’s obligation to deliver such item, and any such extension in the absence of a required item shall be in Lender’s sole discretion.

Appears in 3 contracts

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

Covenant to Deliver. Borrower agrees (not as a condition but as a covenant) to deliver to Lender each item required to be delivered to Lender as a condition to each the Loan, if such Loan is advanced. Borrower expressly agrees that the extension of such Loan prior to the receipt by Lender of any such item shall not constitute a waiver by Lender of Borrower’s obligation to deliver such item, and any such extension in the absence of a required item shall be in Lender’s sole discretion.

Appears in 3 contracts

Samples: Loan and Security Agreement (Maxygen Inc), Loan and Security Agreement (Aruba Networks, Inc.), Loan and Security Agreement (Codexis Inc)

Covenant to Deliver. Borrower agrees (not as a condition but as a covenant) to deliver to Lender Lenders each item required to be delivered to Lender Lenders as a condition to each Loan, if such Loan is advanced. Borrower expressly agrees that the extension of such any Loan prior to the receipt by a Lender of any such item shall not constitute a waiver by such Lender of Borrower’s obligation to deliver such item, and any such extension in the absence of a required item shall be in each Lender’s sole discretion.

Appears in 3 contracts

Samples: Venture Loan and Security Agreement (Palatin Technologies Inc), Venture Loan and Security Agreement (Argos Therapeutics Inc), Venture Loan and Security Agreement (Palatin Technologies Inc)

Covenant to Deliver. Borrower agrees (not as a condition but as a covenant) to deliver to Lender each item required to be delivered to Lender as a condition to each the Loan, if such the Loan is advanced. Borrower expressly agrees that the extension of such the Loan prior to the receipt by Lender of any such item shall not constitute a waiver by Lender of Borrower’s 's obligation to deliver such item, and any such extension in the absence of a required item shall be in Lender’s 's sole discretion.

Appears in 3 contracts

Samples: Venture Loan and Security Agreement (Isilon Systems, Inc.), Venture Loan and Security Agreement (Activbiotics Inc), Venture Loan and Security Agreement (Activbiotics Inc)

Covenant to Deliver. Borrower agrees (not as a condition but as a covenant) to deliver to Lender each item required to be delivered to Lender as a condition to each the Loan, if such the Loan is advanced. Borrower expressly agrees that the extension of such Loan prior to the receipt by Lender of any such item shall not constitute a waiver by Lender of Borrower’s 's obligation to deliver such item, and any such extension in the absence of a required item shall be in Lender’s sole discretion.

Appears in 3 contracts

Samples: Loan and Security Agreement (Shaman Pharmaceuticals Inc), Loan and Security Agreement (Signal Pharmaceuticals Inc), Loan and Security Agreement (Signal Pharmaceuticals Inc)

Covenant to Deliver. Borrower agrees (not as a condition but as a covenant) to deliver to Lender each item required under this Agreement to be delivered to Lender as a condition to each LoanAdvance, if such Loan Advance is advancedmade, unless such condition is otherwise waived in writing by Lender. Borrower expressly agrees that the extension of such Loan Advance prior to the receipt by Lender of any such item shall not constitute a waiver by Lender of Borrower’s obligation to deliver such item, and any such extension in the absence of a required item shall be in Lender’s sole discretion.

Appears in 2 contracts

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

Covenant to Deliver. Each Co-Borrower agrees (not as a condition but as a covenant) to deliver to Lender each item required to be delivered to Lender as a condition to each Loan, if such Loan is advanced. Each Co-Borrower expressly agrees that the extension of such any Loan prior to the receipt by Lender of any such item shall not constitute a waiver by Lender of any Co-Borrower’s obligation to deliver such item, and any such extension in the absence of a required item shall be in each Lender’s sole discretion.

Appears in 2 contracts

Samples: Venture Loan and Security Agreement (Catasys, Inc.), Venture Loan and Security Agreement (Catasys, Inc.)

Covenant to Deliver. Borrower agrees (not as a condition but as a covenant) to deliver to Lender each item required to be delivered to Lender as a condition to each Loan, if such Loan is advanced. Borrower expressly agrees that the extension of such Loan prior to the receipt by Lender of any such item shall not constitute a waiver by Lender of Borrower’s obligation to deliver such item, and any such extension in the absence of a required item shall be in Lender’s sole discretion.

Appears in 2 contracts

Samples: Equipment Loan and Security Agreement (Atheros Communications Inc), Loan and Security Agreement (Riverbed Technology, Inc.)

Covenant to Deliver. Borrower agrees (not as a condition but as a covenant) to deliver to Lender each item required to be delivered to Lender as a condition to each the Loan, if such the Loan is advanced. Borrower expressly agrees that the extension of such the Loan prior to the receipt by Lender of any such item shall not constitute a waiver by Lender of Borrower’s 's obligation to deliver such item, and any such extension in item (other than under clause (j) of Part I of Schedule 3 unless the absence of a required Lender has specifically requested an item shall be in Lender’s sole discretionunder this clause).

Appears in 2 contracts

Samples: Loan and Security Agreement (Pharsight Corp), Loan and Security Agreement (Pharsight Corp)

Covenant to Deliver. Borrower agrees (not as a condition but as a covenant) to deliver to Lender each item required to be delivered to Lender as a condition to each the Loan, if such Loan is advancedmade. Borrower expressly agrees that the extension of such Loan prior to the receipt by Lender of any such item shall not constitute a waiver by Lender of Borrower’s obligation to deliver such item, and any such extension in the absence of a required item shall be in Lender’s sole discretion.

Appears in 2 contracts

Samples: Second Loan and Security Agreement (Trestle Holdings Inc), Second Loan and Security Agreement (Clarient, Inc)

Covenant to Deliver. Borrower agrees (not as a condition but as a covenant) to deliver to Lender Lenders each item required to be delivered to Lender Lenders as a condition to each Loan, if such Loan is advanced. Borrower expressly agrees that the extension of such any Loan prior to the receipt by a Lender of any such item shall not constitute a waiver by such Lender of Borrower’s obligation to deliver such item, and any such extension in the absence of a required item shall be in Lender’s sole discretion.of

Appears in 2 contracts

Samples: Venture Loan and Security Agreement (eASIC Corp), Venture Loan and Security Agreement (eASIC Corp)

Covenant to Deliver. Borrower agrees (not as a condition but as a covenant) to deliver to the Lender each item required to be delivered to the Lender under this Agreement as a condition precedent to each any Loan, if such Loan is advanced. Borrower expressly agrees that the extension of such a Loan made prior to the receipt by the Lender of any such item shall not constitute a waiver by the Lender of Borrower’s obligation to deliver such item, and any such extension Loan in the absence of a required item shall be made in the Lender’s sole discretion.

Appears in 2 contracts

Samples: Loan and Security Agreement (Ligand Pharmaceuticals Inc), Loan and Security Agreement (Viking Therapeutics, Inc.)

Covenant to Deliver. Borrower agrees (not as a condition but as a covenant) to deliver to Lender Lenders each item required to be delivered to Lender Lenders as a condition to each Loan, if such each Loan is advanced. Borrower expressly agrees that the extension of such any Loan prior to the receipt by Lender Lenders of any such item shall not constitute a waiver by Lender Lenders of Borrower’s obligation to deliver such item, and any such extension in the absence of a required item shall be in each Lender’s sole discretion.

Appears in 2 contracts

Samples: Venture Loan and Security Agreement (Inotek Pharmaceuticals Corp), Venture Loan and Security Agreement (Inotek Pharmaceuticals Corp)

Covenant to Deliver. Borrower agrees (not as a condition but as a covenant) to deliver to Lender Lenders each item required to be delivered to Lender Lenders as a condition to each Loanthe Loans, if such Loan is the Loans are advanced. Borrower expressly agrees that the extension of such Loan the Loans prior to the receipt by Lender Lenders of any such item shall not constitute a waiver by Lender Lenders of Borrower’s obligation to deliver such item, and any such extension in the absence of a required item shall be in Lender’s Lenders’ sole discretion.

Appears in 2 contracts

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

Covenant to Deliver. Borrower agrees (not as a condition but as a covenant) to deliver to Lender each item required to be delivered to Lender as a condition to the making of each Revolving Loan, if such Loan is advanced. Borrower expressly agrees that the extension making of such any Revolving Loan prior to the receipt by Lender of any such item shall not constitute a waiver by Lender of Borrower’s obligation to deliver such item, and any such extension in the absence of a required item shall be in Lender’s sole discretion.

Appears in 2 contracts

Samples: Credit and Security Agreement, Credit and Security Agreement (Toro Co)

Covenant to Deliver. Borrower agrees (not as a condition but as a ------------------- covenant) to deliver to Lender each item required to be delivered to Lender as a condition to each the Loan, if such the Loan is advanced. Borrower expressly agrees that the extension of such the Loan prior to the receipt by Lender of any such item shall not constitute a waiver by Lender of Borrower’s 's obligation to deliver such item, and any such extension in the absence of a required item shall be in Lender’s sole discretion.

Appears in 1 contract

Samples: Intercreditor Agreement (Corsair Communications Inc)

Covenant to Deliver. Borrower agrees (not as a condition but as ------------------- a covenant) to deliver to Lender each item required to be delivered to Lender as a condition to each the Loan, if such the Loan is advanced. Borrower expressly agrees that the extension of such the Loan prior to the receipt by Lender of any such item shall not constitute a waiver by Lender of Borrower’s 's obligation to deliver such item, and any such extension in the absence of a required item shall be in Lender’s sole discretion.

Appears in 1 contract

Samples: Loan and Security Agreement (Corsair Communications Inc)

Covenant to Deliver. Borrower agrees (not as a condition but as a covenant) to deliver to Lender each item required to be delivered to Lender as a condition to each Loan, if such Loan is advanced. Borrower expressly agrees that the extension of such any Loan prior to the receipt by Lender of any such item shall not constitute a waiver by Lender of Borrower’s obligation to deliver such item, and any such extension in the absence of a required item shall be in Lender’s sole discretion.

Appears in 1 contract

Samples: Venture Loan and Security Agreement (Celsion CORP)

Covenant to Deliver. Borrower agrees (not as a condition but as a covenant) to deliver to Lender each item required to be delivered to Lender as a condition to each any Loan, if such Loan is advanced. Borrower expressly agrees that the extension of such any Loan prior to the receipt by Lender of any such item shall not constitute a waiver by Lender of Borrower’s obligation to deliver such item, and any such extension in the absence of a required item shall be in each Lender’s sole discretion.

Appears in 1 contract

Samples: Venture Loan and Security Agreement (CVRx, Inc.)

Covenant to Deliver. The Borrower agrees (not as a condition but as a covenant) to deliver to the Lender each item required to be delivered to the Lender under this Agreement as a condition precedent to each the making of any Loan, if such Loan is advanced. The Borrower expressly agrees that the extension of such a Loan made prior to the receipt by the Lender of any such item shall not constitute a waiver by the Lender of the Borrower’s obligation to deliver such item, and the making of any such extension Loan in the absence of a required item shall be in the Lender’s sole discretion.

Appears in 1 contract

Samples: Loan and Security Agreement (Peninsula Acquisition Corp)

Covenant to Deliver. Borrower agrees (not as a condition but as a covenant) to deliver to Lender each item required to be delivered to Lender under this Agreement as a condition to each the Term Loan, if such Loan is advanced. Borrower expressly agrees that the extension of such the Term Loan prior to the receipt by Lender of any such item shall not constitute a waiver by Lender of Borrower’s obligation to deliver such item, and any such extension in the absence of a required item shall be in Lender’s sole discretion.

Appears in 1 contract

Samples: Joinder Agreement (Yodle Inc)

Covenant to Deliver. Borrower agrees Borrowers agree (not as a condition but as a covenant) to deliver to Lender each item required to be delivered to Lender as a condition to each the Loan, if such the Loan is advanced. Borrower Borrowers expressly agrees agree that the extension of such the Loan prior to the receipt by Lender of any such item shall not constitute a waiver by Lender of Borrower’s Borrowers’ obligation to deliver such item, and any such extension in the absence of a required item shall be in Lender’s sole discretion.

Appears in 1 contract

Samples: Venture Loan and Security Agreement (Everyday Health, Inc.)

Covenant to Deliver. Borrower agrees (not as a condition but as a covenant) to deliver to Lender each item required to be delivered to Lender as a condition to each a Loan, if such the Loan is advanced. Borrower expressly agrees that the extension of such a Loan prior to the receipt by Lender of any such item shall not constitute a waiver by Lender of Borrower’s 's obligation to deliver such item, and any such extension in the absence of a required item shall be in Lender’s sole discretion.

Appears in 1 contract

Samples: Senior Secured Loan Agreement (Chadmoore Wireless Group Inc)

Covenant to Deliver. Borrower agrees (not as a condition but as a covenant) to deliver to Lender Lenders each item required to be delivered to Lender Lenders as a condition to each Loan, if such Loan is advanced. Borrower expressly agrees that the extension of such Loan prior to the receipt by Lender Lenders of any such item shall not constitute a waiver by Lender Lenders of Borrower’s 's obligation to deliver such item, and any such extension in the absence of a required item shall be in Lender’s Lenders' sole discretion.

Appears in 1 contract

Samples: Venture Loan and Security Agreement (Myogen Inc)

Covenant to Deliver. Borrower agrees (not as a condition but as a ------------------- covenant) to deliver to Lender Lenders each item required to be delivered to Lender Lenders as a condition to each Loan, if such Loan is advanced. Borrower expressly agrees that the extension of such Loan prior to the receipt by Lender Lenders of any such item shall not constitute a waiver by Lender Lenders of Borrower’s 's obligation to deliver such item, and any such extension in the absence of a required item shall be in Lender’s sole discretion.

Appears in 1 contract

Samples: Loan and Security Agreement (Copper Mountain Networks Inc)

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Covenant to Deliver. Borrower agrees (not as a condition but as a covenant) to deliver to Lender each item required to be delivered to Lender as a condition to each the Loan, if such the Loan is advanced. Borrower expressly agrees that the extension of such the Loan prior to the receipt by Lender of any such item shall not constitute a waiver by Lender of Borrower’s 's obligation to deliver such item, and any such extension in the absence of a required item shall be in Lender’s sole discretion.

Appears in 1 contract

Samples: Subordination Agreement (Packeteer Inc)

Covenant to Deliver. Borrower agrees (not as a condition but as a covenant) to deliver to Lender each item required to be delivered to Lender as a condition to each Loan, if such Loan is advancedAdvance. Borrower expressly agrees that the extension of such Loan any Advance made prior to the receipt by Lender of any such item shall not constitute a waiver by Lender of Borrower’s obligation to deliver such item, and any such extension Advance in the absence of a required item shall be in Lender’s sole discretion.

Appears in 1 contract

Samples: Revolving Loan Agreement (FSP Galleria North Corp)

Covenant to Deliver. Borrower agrees (not as a condition but as a covenant) to deliver to Lender each item required to be delivered to Lender under this Agreement as a condition to each any Loan, if such Loan is advanced. Borrower expressly agrees that the extension of such a Loan prior to the receipt by Lender of any such item shall not constitute a waiver by Lender of Borrower’s obligation to deliver such item, and any such extension in the absence of a required item shall be in Lender’s sole discretion.

Appears in 1 contract

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

Covenant to Deliver. Borrower agrees (not as a condition but as a covenant) to deliver to Lender each item required to be delivered to Lender as a condition to each a Loan, if such the Loan is advanced. Borrower expressly agrees that the extension of such any Loan prior to the receipt by Lender of any such item shall not constitute a waiver by Lender of Borrower’s 's obligation to deliver such item, and any such extension in the absence of a required item shall be in Lender’s sole discretion.

Appears in 1 contract

Samples: Loan and Security Agreement (Digirad Corp)

Covenant to Deliver. Borrower agrees (not as a condition but as a covenant) to deliver to Lender each item required to be delivered to Lender as a condition to each Loan, if such Loan is advanced. Borrower expressly agrees that the extension of such any Loan prior to the receipt by Lender of any such item shall not constitute a waiver by Lender of Borrower’s obligation to deliver such item, and any such extension in the absence of a required item shall be in Lender’s sole discretion.

Appears in 1 contract

Samples: Venture Loan and Security Agreement (IMV Inc.)

Covenant to Deliver. Borrower agrees (not as a condition but as a covenant) to deliver to Lender each item required to be delivered to Lender under this Agreement as a condition to each Loan, if such Loan is advancedany Credit Extension. Borrower expressly agrees that the extension of such Loan a Credit Extension prior to the receipt by Lender of any such item shall not constitute a waiver by Lender Lenders of Borrower’s 's obligation to deliver such item, and any such extension in the absence of a required item shall be in Lender’s 's sole discretion.

Appears in 1 contract

Samples: Loan and Security Agreement (Metabasis Therapeutics Inc)

Covenant to Deliver. Borrower agrees (not as a condition but as a covenant) to deliver to Lender each item required to be delivered to Lender as a condition to each LoanAdvance, if such Loan Advance is advancedmade. Borrower expressly agrees that the extension of such Loan Advance prior to the receipt by Lender of any such item shall not constitute a waiver by Lender of Borrower’s obligation to deliver such item, and any such extension in the absence of a required item shall be in Lender’s sole discretion.

Appears in 1 contract

Samples: Patent Mortgage and Security Agreement (Hemosense Inc)

Covenant to Deliver. Borrower agrees (not as a condition but as a covenant) to deliver to Lender Lenders each item required to be delivered to Lender Lenders as a condition to each a Loan, if such the Loan is advanced. Borrower expressly agrees that the extension of such any Loan prior to the receipt by Lender Lenders of any such item shall not constitute a waiver by Lender Lenders of Borrower’s 's obligation to deliver such item, and any such extension in the absence of a required item shall be in Lender’s sole discretion.

Appears in 1 contract

Samples: Loan and Security Agreement (Tripath Imaging Inc)

Covenant to Deliver. Borrower agrees (not as a condition but as a covenant) to deliver to Lender each item required to be delivered to Lender under this Agreement as a condition precedent to each the Loan, if such Loan is advanced. Borrower expressly agrees that the extension funding of such the Loan prior to the receipt by Lender of any such item shall not constitute a waiver by Lender of Borrower’s obligation to deliver such item, and any such extension the making of the Loan in the absence of a required item shall be in Lender’s sole discretion.

Appears in 1 contract

Samples: Loan and Security Agreement (Ikanos Communications, Inc.)

Covenant to Deliver. Borrower agrees (not as a condition but as a ------------------- covenant) to deliver to Lender Lenders each item required to be delivered to Lender Lenders as a condition to each a Loan, if such the Loan is advanced. Borrower expressly agrees that the extension of such a Loan prior to the receipt by Lender Lenders of any such item shall not constitute a waiver by Lender Lenders of Borrower’s 's obligation to deliver such item, and any such extension in the absence of a required item shall be in Lender’s sole discretion.

Appears in 1 contract

Samples: Loan Agrloan and Security Agreement (Pilot Network Services Inc)

Covenant to Deliver. Borrower agrees (not as a condition but as a ------------------- covenant) to deliver to Lender Lenders each item required to be delivered to Lender Lenders as a condition to each the Loan, if such the Loan is advanced. Borrower expressly agrees that the extension of such the Loan prior to the receipt by Lender Lenders of any such item shall not constitute a waiver by Lender Lenders of Borrower’s 's obligation to deliver such item, and any such extension in the absence of a required item shall be in Lender’s sole discretion.

Appears in 1 contract

Samples: Loan and Security Agreement (Exodus Communications Inc)

Covenant to Deliver. Borrower agrees and Guarantor agree (not as a condition but as a covenant) to deliver to Lender Lenders each item required to be delivered to Lender Lenders as a condition to each a Loan, if such the Loan is advanced. Borrower and Guarantor expressly agrees agree that the extension of such any Loan prior to the receipt by Lender Lenders of any such item shall not constitute a waiver by Lender Lenders of Borrower’s 's or Guarantor's obligation to deliver such item, and any such extension in the absence of a required item shall be in Lender’s sole discretion.

Appears in 1 contract

Samples: Venture Loan and Security Agreement (Acusphere Inc)

Covenant to Deliver. Borrower agrees (not as a condition but as a covenant) to deliver to Lender Bank each item required to be delivered to Lender Bank as a condition to each a Loan, if such the Loan is advanced. Borrower expressly agrees that the extension of such a Loan prior to the receipt by Lender Bank of any such item shall not constitute a waiver by Lender Bank of Borrower’s 's obligation to deliver such item, and any such extension in the absence of a required item shall be in Lender’s sole discretion.

Appears in 1 contract

Samples: Subordinated Credit Agreement (Chadmoore Wireless Group Inc)

Covenant to Deliver. Borrower agrees (not as a condition but as a covenant) to deliver to Lender Lenders each item required to be delivered to Lender Lenders as a condition to each Loan, if such Loan is advanced. Borrower expressly agrees that the extension of such any Loan prior to the receipt by Lender Lenders of any such item shall not constitute a waiver by Lender Lenders of Borrower’s obligation to deliver such item, and any such extension in the absence of a required item shall be in Lender’s Lenders’ sole discretion.

Appears in 1 contract

Samples: Venture Loan and Security Agreement (Northstar Neuroscience, Inc.)

Covenant to Deliver. The Borrower agrees (not as a condition but as a covenant) to deliver to the Lender each item required to be delivered to the Lender as a condition to each Loan, the making of any Advance if such Loan is advancedAdvance occurs. The Borrower expressly further agrees that the extension making of any such Loan Advance prior to the receipt by the Lender of any such item shall not constitute a waiver by the Lender of the Borrower’s obligation to deliver such item, and any such extension in the absence of a required item shall be in Lender’s sole discretion.

Appears in 1 contract

Samples: Loan Agreement (Seneca Gaming Corp)

Covenant to Deliver. Each Co-Borrower agrees (not as a condition but as a covenant) to deliver to Lender each item required to be delivered to Lender as a condition to each Loan, if such Loan is advanced. Each Co-Borrower expressly agrees that the extension of such any Loan prior to the receipt by Lender of any such item shall not constitute a waiver by Lender of any Co- Borrower’s obligation to deliver such item, and any such extension in the absence of a required item shall be in each Lender’s sole discretion.

Appears in 1 contract

Samples: Venture Loan and Security Agreement (Castle Creek Biosciences, Inc.)

Covenant to Deliver. Borrower agrees (not as a condition but as a covenant) to deliver to Lender each item required to be delivered to Lender as a condition to each Loan, if such Loan is advanced. Borrower expressly agrees that the extension of such any Loan prior to the receipt by Lender of any such item shall not constitute a waiver by Lender of Borrower’s obligation to deliver such item, and any such extension in the absence of a required item shall be in each Lender’s sole discretion.

Appears in 1 contract

Samples: Venture Loan and Security Agreement (Titan Pharmaceuticals Inc)

Covenant to Deliver. Each Co-Borrower agrees (not as a condition but as a covenant) to deliver to Lender each item required to be delivered to Lender as a condition to each Loan, if such Loan is advanced. Each Co-Borrower expressly agrees that the extension of such any Loan prior to the receipt by Lender of any such item shall not constitute a waiver by Lender of any Co-Borrower’s obligation to deliver such item, and any such extension in the absence of a required item shall be in each Lender’s sole discretion.

Appears in 1 contract

Samples: Venture Loan and Security Agreement (Mohawk Group Holdings, Inc.)

Covenant to Deliver. Borrower agrees (not as a condition but ------------------- as a covenant) to deliver to Lender Lenders each item required to be delivered to Lender Lenders as a condition to each a Loan, if such the Loan is advanced. Borrower expressly agrees that the extension of such any Loan prior to the receipt by Lender Lenders of any such item shall not constitute a waiver by Lender Lenders of Borrower’s 's obligation to deliver such item, and any such extension in the absence of a required item shall be in Lender’s sole discretion.

Appears in 1 contract

Samples: Loan and Security Agreement (Onvia Com Inc)

Covenant to Deliver. Borrower agrees (not as a condition but as a covenant) to deliver to Lender each item required to be delivered to Lender under this Agreement as a condition precedent to each Loan, if such the Term Loan is advancedAdvance. Borrower expressly agrees that the extension of such a Term Loan Advance made prior to the receipt by Lender of any such item shall not constitute a waiver by Lender of Borrower’s obligation to deliver such item, and any such extension the making of the Term Loan Advance in the absence of a required item shall be in Lender’s sole discretion.

Appears in 1 contract

Samples: Loan and Security Agreement (Interpace Biosciences, Inc.)

Covenant to Deliver. Borrower agrees (not as a condition but as a covenant) to deliver to Lender each item required to be delivered to Lender as a condition to each Loan, if such Loan is advanced. Borrower expressly agrees that the extension of such any Loan prior to the receipt by Lender of any such item shall not constitute a waiver by Lender of Borrower’s obligation to deliver such itemitem (unless Lender has waived such item in writing), and any such extension in the absence of a required item shall be in each Lender’s sole discretion.

Appears in 1 contract

Samples: Venture Loan and Security Agreement (Interleukin Genetics Inc)

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