Common use of Due Authorization; No Conflict Clause in Contracts

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s corporate powers, have been duly authorized by all necessary corporate action on the part of Borrower, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement by which Borrower is bound. Borrower is not in default under any agreement by which it is bound, except to the extent such default could not reasonably be expected to cause a Material Adverse Effect.

Appears in 2 contracts

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

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Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within each Borrower’s corporate powers, have been duly authorized by all necessary corporate action on the part of Borrowerauthorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s its Articles or Certificate of Incorporation (as applicable) or BylawsBylaws (or other formation or governing documents), nor will they constitute an event of default under any material agreement by which Borrower is bound. Borrower is not in default under any agreement by which it is bound, except to the extent such default could would not reasonably be expected to cause a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Trupanion Inc.), Credit Agreement (Trupanion Inc.)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s corporate powers, have been duly authorized by all necessary corporate action on the part of Borrowerauthorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate Articles of Incorporation or Bylaws, or Articles of Organization or Operating Agreement, as applicable, nor will they constitute an event of default under any material agreement by which Borrower is bound. Borrower is not in default under any agreement by which it is bound, except to the extent such default could would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Clearone Communications Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s 's corporate powers, have been duly authorized by all necessary corporate action on the part of Borrowerauthorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s 's Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, except to the extent such which default could not would reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Subordination Agreement (Hybrid Networks Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s corporate powers, have been duly authorized by all necessary corporate action on the part of Borrowerauthorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any material agreement to which it is a party or by which it is bound, except to the extent such which default reasonably could not reasonably be expected to cause have a Material Adverse Effect.;

Appears in 1 contract

Samples: Loan and Security Agreement (Tripath Technology Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s corporate powers, have been duly authorized by all necessary corporate action on the part of Borrowerauthorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any material agreement to which it is a party or by which it is bound, bound except to the extent such default could would not reasonably be expected to cause result in a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Lime Energy Co.)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s corporate powers, have been duly authorized by all necessary corporate action on the part of Borrowerauthorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any material agreement to which it is a party or by which it is bound, except to the extent such default could not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Auxilium Pharmaceuticals Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s corporate powers, have been duly authorized by all necessary corporate action on the part of Borrowerauthorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any material agreement to which it is a party or by which it is bound, except to the extent bound where such default could not reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Bridgeline Digital, Inc.)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s corporate powers, have been duly authorized by all necessary corporate action actions on the part of Borrower, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement by which Borrower is bound. Borrower is not in default under any agreement by which it is bound, except to the extent such which default could not reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Align Technology Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s corporate powers, have been duly authorized by all necessary corporate action on the part of Borrowerauthorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate of Incorporation or Bylaws, nor will they and are not in conflict or constitute a default or an event of default under any Indebtedness or other material agreement by which Borrower is bound. Borrower is not in default under any agreement evidencing Indebtedness or any other material agreement by which it is bound, except to the extent such default could would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Intelepeer Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s corporate powers, have been duly authorized by all necessary corporate action on the part of Borrower, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, except to the extent such which default could not reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Versata Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s 's corporate powers, have been duly authorized by all necessary corporate action actions on the part of Borrower, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s 's Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement by which Borrower is bound. Borrower is not in default under any agreement by which it is bound, except to the extent such which default could not reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Align Technology Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are arc within each Borrower’s corporate powers, have been duly authorized by all necessary corporate action on the part of Borrowerauthorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s its Articles or Certificate of Incorporation (as applicable) or BylawsBylaws (or other formation or governing documents), nor will they constitute an event of default under any material agreement by which Borrower is bound. Borrower is not in default under any agreement by which it is bound, except to the extent such default could would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Trupanion Inc.)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s 's corporate powers, have been duly authorized by all necessary corporate action on the part of Borrowerauthorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate 's Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, except which default would have, or is likely to the extent such default could not reasonably be expected to cause cause, a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Franklin Ophthalmic Instruments Co Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s corporate powers, have been duly authorized by all necessary corporate action on the part of Borrowerauthorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any material agreement to which it is a party or by which it is bound, except to the extent such which default could not would reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Sonic Solutions/Ca/)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s corporate 's powers, have been duly authorized by all necessary corporate action on the part of Borrowerauthorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate any of Incorporation or BylawsBorrowers' Charter Document, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Except as disclosed in the Schedule, Borrower is not in default under any agreement to which it is a party or by which it is bound, except to the extent such which default could not reasonably be expected to cause result in a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Internet Capital Group Inc)

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Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s corporate powers, have been duly authorized by all necessary corporate action on the part of Borrower, and are not in conflict with nor constitute a breach in violation of any provision contained in Borrower’s Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement by which Borrower is bound. Borrower is not in default under any agreement by which it is bound, except to the extent such default could not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

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

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s corporate powers, have been duly authorized by all necessary corporate action on the part of Borrowerauthorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, except to bound in which the extent such default could not reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Biomarin Pharmaceutical Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s corporate powers, have been duly authorized by all necessary corporate action on the part of Borrowerauthorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate of Incorporation or Bylaws, or Articles of Organization or Operating Agreement, as applicable, nor will they constitute an event of default under any material agreement by which Borrower is bound. Borrower is not in default under any agreement by which it is bound, except to the extent such default could would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

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

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within each Borrower’s corporate powers, have been duly authorized by all necessary corporate action on the part of Borrowerauthorized, and are not in conflict with nor constitute a breach of any provision contained in such Borrower’s Certificate of Incorporation Incorporation, Certificate of Formation, Bylaws or BylawsOperating Agreement, nor will they constitute an event of default under any material agreement by which such Borrower is bound. No Borrower is not in default under any agreement by which it is bound, except to the extent such default could would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Obalon Therapeutics Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s corporate powers, have been duly authorized by all necessary corporate action on the part of Borrowerauthorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any material agreement to which it is a party or by which it is bound, except to the extent such default could would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Proxim Wireless Corp)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s corporate powers, have been duly authorized by all necessary corporate action on the part of Borrowerauthorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement by which Borrower is bound, except to the extent such default could not reasonably be expected to cause a Material Adverse Effect. Borrower is not in default under any agreement by which it is bound, except to the extent such default could would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

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

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s corporate 's powers, have been duly authorized by all necessary corporate action on the part of Borrowerauthorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s 's Articles or Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which such Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, except which default is reasonably likely to the extent such default could not reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan Agreement (Advanced Energy Industries Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s corporate powers, have been duly authorized by all necessary corporate action on the part of Borrowerauthorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any material agreement to which it is a party or by which it is bound, except to the extent where such default could not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (CareView Communications Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within each Borrower’s corporate powers, have been duly authorized by all necessary corporate action on the part of Borrowerauthorized, and are not in conflict with nor constitute a breach of any provision contained in such Borrower’s Certificate Articles (or Certificate, as applicable) of Incorporation or BylawsBylaws (or Operating Agreement, as applicable), nor will they constitute an event of default under any material agreement by which such Borrower is bound. No Borrower is not in default under any agreement by which it is bound, except to the extent such default could would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

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

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