Common use of Financial Covenant Required Actual Complies Clause in Contracts

Financial Covenant Required Actual Complies. Maintain on a Monthly Basis: Minimum Revenue (trailing 6 month) Tested as of the last day of each month, minimum GAAP revenue for the trailing 6 month period then ended, of at least 70% of Borrower’s projected performance for such month as outlined in Borrower’s 2018-2019 Financial Projections $ Yes No Other Matters Have there been any (i) amendments of or other changes to the capitalization table of Borrower or (ii) amendments or other changes to the Operating Documents of Borrower or any of its Subsidiaries? If yes, provide copies of any such amendments or changes with this Compliance Certificate. Yes No The following are the exceptions with respect to the certification above: (If no exceptions exist, state “No exceptions to note.”) 10X GENOMICS, INC. BANK USE ONLY Received by: By: AUTHORIZED SIGNER Name: Date: Title: Verified: AUTHORIZED SIGNER Date: Compliance Status: Yes No EXHIBIT C LOAN PAYMENT/ADVANCE REQUEST FORM DEADLINE FOR SAME DAY PROCESSING IS NOON PACIFIC TIME Fax To: Date: LOAN PAYMENT: 10X GENOMICS, INC. From Account # To Account # (Deposit Account #) (Loan Account #) Principal $ and/or Interest $ Authorized Signature: Phone Number: Print Name/Title: LOAN ADVANCE: Complete Outgoing Wire Request section below if all or a portion of the funds from this loan advance are for an outgoing wire. From Account # To Account # (Loan Account #) (Deposit Account #) Amount of the Term Loan Advance $ All Borrower’s representations and warranties in the Second Amended and Restated Loan and Security Agreement are true, correct and complete in all material respects on the date of the request for an advance; provided, however, that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof; and provided, further that those representations and warranties expressly referring to a specific date shall be true, accurate and complete in all material respects as of such date: Authorized Signature: Phone Number: Print Name/Title: OUTGOING WIRE REQUEST: Complete only if all or a portion of funds from the loan advance above is to be wired. Deadline for same day processing is noon, Pacific Time Beneficiary Name: Amount of Wire: $ Beneficiary Name: Amount of Wire: $ City and State: Beneficiary Bank Transit (ABA) #: Beneficiary Bank Code (Swift, Sort, Chip, etc.): (For International Wire Only) Intermediary Bank: Transit (ABA) #: For Further Credit to: Special Instruction: By signing below, I (we) acknowledge and agree that my (our) funds transfer request shall be processed in accordance with and subject to the terms and conditions set forth in the agreements(s) covering funds transfer service(s), which agreements(s) were previously received and executed by me (us). Authorized Signature: 2nd Signature (if required): Print Name/Title: Print Name/Title: Telephone #: Telephone #:

Appears in 2 contracts

Samples: Loan and Security Agreement (10x Genomics, Inc.), Loan and Security Agreement (10X Genomics, Inc.)

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Financial Covenant Required Actual Complies. Maintain on a Monthly BasisAggregate Quarterly Bookings not to fall below required levels, as follows: Minimum Revenue (trailing 6 month) Tested as of the last day of each month, minimum GAAP revenue for the trailing 6 month period then ended, of at least 70% of Borrower’s projected performance for such month as outlined in Borrower’s 2018-2019 Financial Projections $ Q1 2012 Not < $6,370,000.00 Yes No Other Matters Have there been any (i) amendments of or other changes to the capitalization table of Borrower or (ii) amendments or other changes to the Operating Documents of Borrower or any of its Subsidiaries? If yes, provide copies of any such amendments or changes with this Compliance Certificate. Q2 2012 Not < $6,725,000.00 Yes No Q3 2012 Not < $10,250,000.00 Yes No Q4 2012 Not < $8,500,000.00 Yes No FY 2013 TBD Monthly Minimum Net Liquidity $1,000,000.00 Yes No The following are the exceptions with respect to the certification above: (If no exceptions exist, state “No exceptions to note.”) 10X GENOMICSSincerely, Signature Date Print Name and Tide FORESCOUT TECHNOLOGIES INC. By: Name: Title: BANK USE ONLY Received by: By: AUTHORIZED SIGNER Name: Date: Title: Verified: AUTHORIZED SIGNER Date: Compliance Status: Yes No EXHIBIT C LOAN PAYMENT/ADVANCE REQUEST FORM DEADLINE FOR SAME DAY PROCESSING IS NOON PACIFIC TIME P.S.T.* Fax To: Date: LOAN PAYMENT: 10X GENOMICSFORESCOUT TECHNOLOGIES, INC. From Account # To Account # (Deposit Account #) (Loan Account #) Principal $ and/or Interest $ Authorized Signature: Phone Number: Print Name/Title: LOAN ADVANCE: Complete Outgoing Wire Request section below if all or a portion of the funds from this loan advance are for an outgoing wire. From Account # To Account # (Loan Account #) (Deposit Account #) Amount of the Term Loan Advance $ and/or Interest $ All Borrower’s representations and warranties in the Second Amended and Restated Loan and Security Agreement are true, correct and complete in all material respects on the date of the request for an advance; provided, however, that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof; and provided, further that those representations and warranties expressly referring to a specific date shall be true, accurate and complete in all material respects as of such date: Authorized Signature: Phone Number: Print Name/Title: OUTGOING WIRE REQUEST: Complete only if all or a portion of funds from the loan advance above is to be wired. Deadline for same day processing is noon, Pacific Time P.S.T. Beneficiary Name: Amount of Wire: $ Beneficiary NameBank: Amount of WireAccount Number: $ City and State: Beneficiary Bank Transit (ABA) #: Beneficiary Bank Code (Swift, Sort, Chip, etc.): (For International Wire Only) Intermediary Bank42 EXHIBIT D BORROWING BASE CERTIFICATE Borrower: Transit (ABA) #ForeScout Technologies, Inc. Leader: For Further Credit toSilicon Valley Bank Commitment Amount: Special Instruction: By signing below, I (we) acknowledge and agree that my (our) funds transfer request shall be processed in accordance with and subject to the terms and conditions set forth in the agreements(s) covering funds transfer service(s), which agreements(s) were previously received and executed by me (us). Authorized Signature: 2nd Signature (if required): Print Name/Title: Print Name/Title: Telephone #: Telephone #:$6,000,000.00 ACCOUNTS RECEIVABLE

Appears in 2 contracts

Samples: Loan and Security Agreement (Forescout Technologies, Inc), Loan and Security Agreement (Forescout Technologies, Inc)

Financial Covenant Required Actual Complies. Maintain on a Monthly Quarterly Basis: Minimum Revenue (trailing Trailing 6-Month Bookings* 6 month) Tested as of the last day of each month, minimum GAAP revenue for the trailing 6 month period then ended, of at least 70% of Borrower’s projected performance for such month as outlined in Borrower’s 2018-2019 Financial Projections $ months ending 12/31/14 $28,908,000 $_ Yes No Other Matters Have there been any (i) amendments of or other changes to the capitalization table of Borrower or (ii) amendments or other changes to the Operating Documents of Borrower or any of its Subsidiaries? If yes, provide copies of any such amendments or changes with this Compliance Certificate. 6 months ending 3/31/15 $30,737,000 $_ Yes No 6 months ending 6/30115 $35,612,000 $_ Yes No 6 months ending 9/30115 $41,608,000 $_ Yes No 6 months ending 12/31/15 $46,384,000 $_ Yes No 2016 and thereafter [See Section 6.9] $_ Yes No * Only required if the Covenant Threshold is not met. [Continued on following page.] The following are the exceptions with respect to the certification above: (If no exceptions exist, state “No exceptions to note.”) 10X GENOMICSAdaptive Insights, INC. Inc. BANK USE ONLY By Received by: ByName: AUTHORIZED SIGNER NameTitle: Date: Title: Verified: AUTHORIZED SIGNER Date: Compliance Status: Yes No EXHIBIT C LOAN PAYMENT/ADVANCE REQUEST FORM DEADLINE FOR SAME DAY PROCESSING IS NOON PACIFIC TIME Fax To: Date: LOAN PAYMENT: 10X GENOMICSADAPTIVE INSIGHTS, INC. From Account # To Account Account# (Deposit Account #) (Loan Account #) Principal $ and/or Interest $ Authorized Signature: Phone Number: Print Name/Title: Telephone #: LOAN ADVANCE: Complete Outgoing Wire Request section below if all or a portion of the funds from this loan advance are for an outgoing wire. From Account # To Account Account# (Loan Account #) (Deposit Account #) Amount of the Term Loan Advance $ All Borrower’s representations and warranties in the Second Amended and Restated Loan and Security Agreement are true, correct and complete in all material respects on the date of the request for an advance; provided, however, that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof; and provided, further that those representations and warranties expressly referring to a specific date shall be true, accurate and complete in all material respects as of such date: Authorized Signature: Phone Number: Print Name/Title: Telephone #: OUTGOING WIRE REQUEST: Complete only if all or a portion of funds from the loan advance above is to be wired. Deadline for same day processing is noon, Pacific Time Beneficiary Name: Amount of WireWire:$ Beneficiary Bank: $ Beneficiary NameAccount Number: Amount of Wire: $ City and State: Beneficiary Bank Transit (ABA) #: Beneficiary Bank Code (Swift, Sort, Chip, etc.): (For International Wire Only) Intermediary Bank: Transit Trust (ABA) #: For Further Credit to: Special Instruction: By signing below, I (we) acknowledge and agree that my (our) funds transfer request shall be processed in accordance with and subject to the terms and conditions set forth in the agreements(s) covering funds transfer service(s), which agreements(s) were previously received and executed by me (us). Authorized Signature: 2nd Signature (if required): Print Name/Title: Print Name/Title: Telephone #: Telephone EXHIBIT D BORROWING RESOLUTIONS [See attached.] EXHIBIT E BORROWING BASE CERTIFICATE [EXCEL spreadsheet to be provided separately by Bank] FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT This First Amendment to Loan and Security Agreement (this “Amendment”) is entered into as of July __, 2016, by and between Silicon Valley Bank (“Bank”) and Adaptive Insights, Inc., a Delaware corporation (“Borrower”) whose address is 0000 Xxxx Xxxxxxxx Xxxx, #:000, Xxxx Xxxx, XX 00000.

Appears in 2 contracts

Samples: Loan and Security Agreement (Adaptive Insights Inc), Loan and Security Agreement (Adaptive Insights Inc)

Financial Covenant Required Actual Complies. Maintain on a as indicated: Liquidity Ratio: Monthly Basis1.50:1.0 ________ Yes No Minimum Revenue: Minimum Revenue Monthly for the prior three (trailing 6 month3) Tested month period As set forth in Section 6.9(b) $________ Yes No CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WHERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT PURSUANT TO RULE 24B-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. The following financial covenant analyses and information set forth in Schedule 1 attached hereto are true and accurate as of the last day date of each month, minimum GAAP revenue for the trailing 6 month period then ended, of at least 70% of Borrower’s projected performance for such month as outlined in Borrower’s 2018-2019 Financial Projections $ Yes No Other Matters Have there been any (i) amendments of or other changes to the capitalization table of Borrower or (ii) amendments or other changes to the Operating Documents of Borrower or any of its Subsidiaries? If yes, provide copies of any such amendments or changes with this Compliance Certificate. Yes No The following are the exceptions with respect to the certification above: (If no exceptions exist, state “No exceptions to note.”) 10X GENOMICSKERYX BIOPHARMACEUTICALS, INC. By: Name: Title: BANK USE ONLY Received by: By: AUTHORIZED SIGNER Name: Date: Title: Verified: AUTHORIZED SIGNER Date: Compliance Status: Yes No CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT C LOAN PAYMENT/ADVANCE REQUEST FORM DEADLINE FOR SAME DAY PROCESSING IS NOON PACIFIC TIME Fax To: Date: LOAN PAYMENT: 10X GENOMICSWHERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT PURSUANT TO RULE 24B-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, INC. From Account # To Account # (Deposit Account #) (Loan Account #) Principal $ and/or Interest $ Authorized Signature: Phone Number: Print Name/Title: LOAN ADVANCE: Complete Outgoing Wire Request section below if all or a portion of the funds from this loan advance are for an outgoing wire. From Account # To Account # (Loan Account #) (Deposit Account #) Amount of the Term Loan Advance $ All Borrower’s representations and warranties in the Second Amended and Restated Loan and Security Agreement are true, correct and complete in all material respects on the date of the request for an advance; provided, however, that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof; and provided, further that those representations and warranties expressly referring to a specific date shall be true, accurate and complete in all material respects as of such date: Authorized Signature: Phone Number: Print Name/Title: OUTGOING WIRE REQUEST: Complete only if all or a portion of funds from the loan advance above is to be wired. Deadline for same day processing is noon, Pacific Time Beneficiary Name: Amount of Wire: $ Beneficiary Name: Amount of Wire: $ City and State: Beneficiary Bank Transit (ABA) #: Beneficiary Bank Code (Swift, Sort, Chip, etcAS AMENDED.): (For International Wire Only) Intermediary Bank: Transit (ABA) #: For Further Credit to: Special Instruction: By signing below, I (we) acknowledge and agree that my (our) funds transfer request shall be processed in accordance with and subject to the terms and conditions set forth in the agreements(s) covering funds transfer service(s), which agreements(s) were previously received and executed by me (us). Authorized Signature: 2nd Signature (if required): Print Name/Title: Print Name/Title: Telephone #: Telephone #:

Appears in 1 contract

Samples: Loan and Security Agreement (Keryx Biopharmaceuticals Inc)

Financial Covenant Required Actual Complies. Maintain on a Monthly [Monthly/Quarterly]*** Basis: Minimum Revenue (trailing 6 month) Tested Tangible Net Worth $20,000,000**** $ Yes No Maximum Unfunded Capital Expenditures $10,000,000 $ Yes No *** If Borrower meets the IPO and EBITDA Conditions and continues to have as of the last day of each monthmonth EBITDA that is equal to or greater than zero dollars ($0.00), minimum GAAP revenue for then Borrower must comply with the trailing 6 month period then endedfinancial covenants on a quarterly basis. Otherwise, of at least 70Borrower must comply with the financial covenants on a monthly basis. **** plus 50% of Borrower’s projected performance for such month as outlined in Borrower’s 2018-2019 Financial Projections $ Yes No Other Matters all equity contributed to Borrower after the Effective Date, and 50% of all positive quarterly net income from and after the Effective Date. Have there been any (i) amendments of or other changes updates to Borrower’s intellectual property? Yes / No Borrower only has deposit accounts located at the capitalization table of Borrower or (ii) amendments or other changes to the Operating Documents of Borrower or any of its Subsidiaries? If yesfollowing institutions: . Comments Regarding Exceptions: See Attached. Sincerely, provide copies of any such amendments or changes with this Compliance Certificate. Yes No The following are the exceptions with respect to the certification above: (If no exceptions exist, state “No exceptions to note.”) 10X GENOMICSOMNITURE, INC. Signature Title Date BANK USE ONLY Received by: By: AUTHORIZED SIGNER Name: authorized signer Date: Title: Verified: AUTHORIZED SIGNER authorized signer Date: Compliance Status: Yes No EXHIBIT C LOAN PAYMENT/ADVANCE REQUEST FORM DEADLINE FOR SAME DAY PROCESSING IS NOON PACIFIC TIME Fax ToD-1 COMPLIANCE CERTIFICATE TO: DateSILICON VALLEY BANK 3000 Xxxxxx Xxxxx Xxxxx Xxxxx, XX 00000 FROM: LOAN PAYMENT: 10X GENOMICSOMNITURE, INC. From Account # To Account # The undersigned Responsible Officer of OMNITURE, INC. (Deposit Account #“Borrower”) (Loan Account #) Principal $ and/or Interest $ Authorized Signature: Phone Number: Print Name/Title: LOAN ADVANCE: Complete Outgoing Wire Request section below if all or a portion certifies that under the terms and conditions of the funds from this loan advance are for an outgoing wire. From Account # To Account # (Loan Account #) (Deposit Account #) Amount of the Term Loan Advance $ All Borrower’s representations and warranties in the Second Amended and Restated Loan and Security Agreement between Borrower and Bank (the “Agreement”), (i) Borrower is in complete compliance for the period ending with all required covenants except as noted below and (ii) all representations and warranties in the Agreement are true, true and correct and complete in all material respects on this date. In addition, the date of the request for an advance; providedundersigned certifies that (i) Borrower and each Subsidiary has timely filed all required tax returns and paid, howeveror made adequate provision to pay, that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof; and provided, further that those representations and warranties expressly referring to a specific date shall be true, accurate and complete in all material respects as taxes, except those being contested in good faith with adequate reserves under GAAP and (ii) no liens has been levied or claims made against Borrower or any of such date: Authorized Signature: Phone Number: Print Name/Title: OUTGOING WIRE REQUEST: Complete only if all its Subsidiaries relating to unpaid employee payroll or a portion of funds from benefits which Borrower has not previously notified in writing to Bank. Attached are the loan advance above is to be wiredrequired documents supporting the certification. Deadline for same day processing is noon, Pacific Time Beneficiary Name: Amount of Wire: $ Beneficiary Name: Amount of Wire: $ City and State: Beneficiary Bank Transit (ABA) #: Beneficiary Bank Code (Swift, Sort, Chip, etc.): (For International Wire Only) Intermediary Bank: Transit (ABA) #: For Further Credit to: Special Instruction: By signing below, I (we) acknowledge and agree The Officer certifies that my (our) funds transfer request shall be processed these are prepared in accordance with and subject Generally Accepted Accounting Principles (GAAP) consistently applied from one period to the next except as explained in an accompanying letter or footnotes. The Responsible Officer acknowledges that no borrowings may be requested at any time or date of determination that Borrower is not in compliance with any of the terms of the Agreement, and conditions set forth in that compliance is determined not just at the agreements(s) covering funds transfer service(sdate this certificate is delivered. Please indicate compliance status by circling Yes/No under “Complies” column. Reporting Covenant Required Complies Monthly financial statements + CC* Monthly within 30 days Yes No Annual (Audited)* FYE within 180 days or 5 days after receipt Yes No A/R & A/P Agings Monthly within 30 days Yes No Deferred Revenue by Client Monthly within 30 days Yes No A/R Audit Annual Yes No Borrowing Base Certificate Monthly within 30 days Yes No 10-Q and 10-K*** Within 5 days after filing with SEC Yes No * Borrower is required to comply with this reporting covenant until Borrower meets the IPO and EBITDA Conditions and continues to have as of the last day of each month EBITDA that is equal to or greater than zero dollars ($0.00). ** When Borrower meets the IPO and EBITDA Conditions and so long as it continues to have as of the last day of each month EBITDA that is equal to or greater than zero dollars ($0.00), it will provide the 10-Q and 10-K reports in lieu of providing monthly financial statements and the annual audited financial statement (which agreements(s) were previously received and executed by me (usannual audited financial statement will be provided with the 10-K). Authorized Signature: 2nd Signature (if required): Print Name/Title: Print Name/Title: Telephone #: Telephone #:.

Appears in 1 contract

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

Financial Covenant Required Actual Complies. Maintain on a Monthly Quarterly Basis: Minimum Revenue (trailing 6 month) Tested as of the last day of each month, minimum GAAP revenue for the trailing 6 month period then ended, of at least 70Adjusted Quick Ratio 2.00:1.00 _____:1.00 Yes No Minimum Tangible Net Worth $_________ * $________ Yes No Maximum Debt-TNW 2.00:1.00 _____:1.00 Yes No * $25,000,000 plus 60% of Borrower’s projected performance for such month as outlined in Borrower’s 2018-2019 Financial Projections $ Yes No Other Matters Have there been any (i) amendments of or other changes to the capitalization table of Borrower or (ii) amendments or other changes to the Operating Documents of Borrower or any of its Subsidiaries? If yes, provide copies of any such amendments or changes with this Compliance Certificate. Yes No The following are the exceptions with respect to the certification aboveNew Equity proceeds Comments Regarding Exceptions: (If no exceptions exist, state “No exceptions to note.”) 10X GENOMICS, INCSee Attached. BANK USE ONLY Received by: By: AUTHORIZED SIGNER Name: Date: Title: Verified: Sincerely, AUTHORIZED SIGNER Date: Verified: SIGNATURE AUTHORIZED SIGNER Date: TITLE Compliance Status: Status Yes No EXHIBIT C LOAN PAYMENT/ADVANCE REQUEST FORM DEADLINE FOR SAME DAY PROCESSING IS NOON PACIFIC TIME Fax ToDATE CORPORATE RESOLUTIONS TO BORROW Borrower: Date: LOAN PAYMENT: 10X GENOMICSCHORDIANT SOFTWARE, INC. From Account # To Account # I, the undersigned Secretary or Assistant Secretary of CHORDIANT SOFTWARE, INC. (Deposit Account #) (Loan Account #) Principal $ and/or Interest $ Authorized Signature: Phone Number: Print Name/Title: LOAN ADVANCE: Complete Outgoing Wire Request section below if all or a portion the "Corporation"), HEREBY CERTIFY that the Corporation is organized and existing under and by virtue of the funds from laws of the State of Delaware. I FURTHER CERTIFY that at a meeting of the Directors of the Corporation duly called and held, at which a quorum was present and voting, (or by other duly authorized corporate action in lieu of a meeting), the following resolutions were adopted. BE IT RESOLVED, that any one (1) of the following named officers, employees, or agents of this loan advance Corporation, whose actual signatures are shown below: NAMES POSITIONS ACTUAL SIGNATURES acting for an outgoing wireon behalf of this Corporation and as its act and deed be, and they hereby are, authorized and empowered: Borrow Money. From Account # To Account # borrow from time to time from Comerica Bank-California, successor in interest to Imperial Bank (Loan Account #) (Deposit Account #) Amount "Bank"), on such terms as may be agreed upon between the officers, employees, or agents of the Term Loan Advance $ All Borrower’s representations Corporation and warranties Bank, such sum or sums of money as in the Second their judgment should be borrowed, without limitation. Execute Amendment. To execute and deliver to Bank that certain First Amendment to Amended and Restated Loan and Security Agreement are true, correct and complete in all material respects on the date of the request for an advance; provided, however, that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof; and provided, further that those representations and warranties expressly referring to a specific date shall be true, accurate and complete in all material respects dated as of such date: Authorized Signature: Phone Number: Print Name/Title: OUTGOING WIRE REQUEST: Complete only if all October 19, 2001 (the "Amendment") and any related documents, and also to execute and deliver to Bank one or a portion of funds from the loan advance above is to be wired. Deadline for same day processing is noonmore renewals, Pacific Time Beneficiary Name: Amount of Wire: $ Beneficiary Name: Amount of Wire: $ City and State: Beneficiary Bank Transit (ABA) #: Beneficiary Bank Code (Swiftextensions, Sortmodifications, Chipconsolidations, etcor substitutions therefor.): (For International Wire Only) Intermediary Bank: Transit (ABA) #: For Further Credit to: Special Instruction: By signing below, I (we) acknowledge and agree that my (our) funds transfer request shall be processed in accordance with and subject to the terms and conditions set forth in the agreements(s) covering funds transfer service(s), which agreements(s) were previously received and executed by me (us). Authorized Signature: 2nd Signature (if required): Print Name/Title: Print Name/Title: Telephone #: Telephone #:

Appears in 1 contract

Samples: Loan and Security Agreement (Chordiant Software Inc)

Financial Covenant Required Actual Complies. Maintain on a Monthly Basis: Minimum Revenue (trailing 6 month) Tested as of the last day of each month, minimum GAAP revenue for the trailing 6 month period then ended, of at least 70Maximum Churn 5% of Borrower’s projected performance for such month as outlined in Borrower’s 2018-2019 Financial Projections $ Yes No Other Matters Have there been any (i) amendments of or other changes to the capitalization table of Borrower or (ii) amendments or other changes to the Operating Documents of Borrower or any of its Subsidiaries? If yes, provide copies of any such amendments or changes with this Compliance Certificate/ *** min. Yes No The following are the exceptions with respect to the certification aboveconnections Minimum Adjusted EBITDA See Section 6.9(b) Yes No Comments Regarding Exceptions: (If no exceptions exist, state “No exceptions to note.”) 10X GENOMICS, INCSee Attached. BANK USE ONLY Received by: By: AUTHORIZED SIGNER Name: Date: Title: Verified: :__________________________________ Sincerely, AUTHORIZED SIGNER Date: :________________________________________ Verified:_____________________________________ SIGNATURE AUTHORIZED SIGNER Date:________________________________________ TITLE Compliance Status: Status Yes No EXHIBIT C LOAN PAYMENT/ADVANCE REQUEST FORM DEADLINE FOR SAME DAY PROCESSING IS NOON PACIFIC TIME Fax To: Date: LOAN PAYMENT: 10X GENOMICSDATE SCHEDULE OF EXCEPTIONS Permitted Indebtedness (Section 1.1) Permitted Investments (Section 1.1) Permitted Liens (Section 1.1) Inbound Licenses (Section 5.6) Prior Names (Section 5.7) Litigation (Section 5.8) Subsidiaries (Section 5.14) Operating, Depository and Investment Accounts (Section 5.16) USA TECHNOLOGIES, INC. From Account # To Account # (Deposit Account #) (Loan Account #) Principal $ and/or Interest $ Authorized Signature: Phone Number: Print Name/Title: LOAN ADVANCE: Complete Outgoing Wire Request section below if all or a portion Heritage Bank of the funds from this loan advance are for an outgoing wire. From Account # To Account # (Loan Account #) (Deposit Account #) Amount of the Term Loan Advance $ All Borrower’s representations and warranties in the Second Amended and Restated Commerce – Loan and Security Agreement Schedule of Exceptions The following Schedules are truebeing delivered by USA Technologies, correct Inc., a Pennsylvania corporation (“Borrower” or the “Company”), to Heritage Bank of Commerce pursuant to that certain Loan and complete Security Agreement (the “Agreement”) dated March 29, 2016 by and between Borrower and Bank. All capitalized terms used but not herein defined shall have the respective meanings given to them in all material respects on the date Agreement. For purposes of convenience, the Schedules have been separately titled and correspond to the sections of the request for an advance; providedAgreement, however, where applicable. Any disclosure in one Schedule may apply to and qualify disclosures made in one or more other Schedules to the extent that it is reasonably apparent that such materiality qualifier disclosures apply to or qualify other Schedules, notwithstanding the omission of an appropriate cross reference to such other Schedule. Matters reflected herein may not necessarily be limited to matters strictly required by the Agreement to be reflected in these Schedules. To the extent that any such additional matters are included, they are included solely for informational purposes, and shall not be applicable deemed in any way to expand any of the information required to be disclosed in these Schedules or under the Agreement or to imply that other information with respect to similar matters must be disclosed. The inclusion of any item in these Schedules shall not constitute an admission by the Borrower that such item is material or that a violation, right of termination, consent requirement, default, liability or contractual obligation of any kind exists with respect to such item. These Schedules are qualified in their entirety by reference to the specific provisions of the Agreement and the representations and warranties that already to which the disclosures herein pertain and are qualified not intended to constitute, and shall not be construed as constituting, any separate representation or modified by materiality warranty of the Borrower, except as and to the extent expressly provided in these Schedules or the text thereof; and provided, further that those representations and warranties expressly referring to a specific date shall be true, accurate and complete in all material respects Agreement. Schedule 1.1-A Permitted Indebtedness Type Detail Balance as of such date: Authorized Signature: Phone Number: Print Name/Title: OUTGOING WIRE REQUEST: Complete only if all or a portion of funds from the loan advance above is to be wired. Deadline for same day processing is noon, Pacific Time Beneficiary Name: Amount of Wire: $ Beneficiary Name: Amount of Wire: $ City and State: Beneficiary Bank Transit (ABA) #: Beneficiary Bank Code (Swift, Sort, Chip, etc.): (For International Wire Only) Intermediary Bank: Transit (ABA) #: For Further Credit to: Special Instruction: By signing below, I (we) acknowledge and agree that my (our) funds transfer request shall be processed in accordance with and subject to the terms and conditions set forth in the agreements(s) covering funds transfer service(s), which agreements(s) were previously received and executed by me (us). Authorized Signature: 2nd Signature (if required): Print Name/Title: Print Name/Title: Telephone #: Telephone #:2/29/2016

Appears in 1 contract

Samples: Loan and Security Agreement (Usa Technologies Inc)

Financial Covenant Required Actual Complies. Maintain on a Monthly BasisAsset Coverage Ratio (monthly) 1.25 : Minimum Revenue (trailing 6 month) Tested as of the last day of each month, minimum GAAP revenue for the trailing 6 month period then ended, of at least 70% of Borrower’s projected performance for such month as outlined in Borrower’s 2018-2019 Financial Projections $ 1.00 _____: 1.00 Yes No Other Matters Have there been any (i) amendments of or other changes to the capitalization table of Borrower or (ii) amendments or other changes to the Operating Documents of Borrower or any of its Subsidiaries? If yes, provide copies of any such amendments or changes with this Compliance Certificate. EBITDA See Agreement _________ Yes No The following are the exceptions with respect to the certification aboveComments Regarding Exceptions: (If no exceptions exist, state “No exceptions to note.”) 10X GENOMICS, INCSee Attached. BANK USE ONLY Received by: By: AUTHORIZED SIGNER Name: Date: Title: Verified: Sincerely, AUTHORIZED SIGNER Date: Verified: SIGNATURE AUTHORIZED SIGNER Date: TITLE Compliance Status: Status Yes No EXHIBIT C LOAN PAYMENT/ADVANCE REQUEST FORM DEADLINE FOR SAME DAY PROCESSING IS NOON PACIFIC TIME Fax ToDATE SCHEDULE OF EXCEPTIONS Permitted Indebtedness (Section 1.1) None. Permitted Investments (Section 1.1) None. Permitted Liens (Section 1.1) None. Inbound Licenses (Section 5.6) None. Prior Names (Section 5.7) None. Litigation (Section 5.8) None. Subsidiaries (Section 5.14) Telkonet, Inc. owns 100% of the stock of Telkonet Communications, Inc. Ethostream LLC has no Subsidiaries. Operating, Depository and Investment Accounts (Section 5.16) The Xxxxx Fargo Accounts. INCUMBENCY CERTIFICATION Borrower: Date: LOAN PAYMENT: 10X GENOMICSTELKONET, INC. From Account # To Account # I, the undersigned Secretary of TELKONET, INC. (Deposit Account #) (Loan Account #) Principal $ and/or Interest $ Authorized Signature: Phone Number: Print Name/Title: LOAN ADVANCE: Complete Outgoing Wire Request section below if all or a portion the “Corporation”), HEREBY CERTIFIES that the Corporation is organized and existing under and by virtue of the funds from this loan advance are for an outgoing wire. From Account # To Account # (Loan Account #) (Deposit Account #) Amount laws of the Term Loan Advance $ All Borrower’s representations State of Utah. I FURTHER CERTIFY that attached hereto as Attachments 1, 2 and warranties in the Second Amended and Restated Loan and Security Agreement 3 are true, correct true and complete copies of the Articles of Incorporation, as amended (the “Articles”), the Bylaws of the Corporation (the “Bylaws”) and the Unanimous Written Consent in all material respects Lieu of Special Meeting of the Board of Directors (the “Resolutions”) regarding the asset based loan transaction with Heritage Bank of Commerce, N.A., each of which is in full force and effect on the date of hereof. I FURTHER CERTIFY that there have been no changes to the request for an advance; providedArticles, howeverthe Bylaws or the Resolutions since the date thereof. I FURTHER CERTIFY that, that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof; and provided, further that those representations and warranties expressly referring to a specific date shall be true, accurate and complete in all material respects as of such date: Authorized Signature: Phone Number: Print Name/Title: OUTGOING WIRE REQUEST: Complete only if all or a portion of funds from the loan advance above is to be wired. Deadline for same day processing is noon, Pacific Time Beneficiary Name: Amount of Wire: $ Beneficiary Name: Amount of Wire: $ City and State: Beneficiary Bank Transit (ABA) #: Beneficiary Bank Code (Swift, Sort, Chip, etc.): (For International Wire Only) Intermediary Bank: Transit (ABA) #: For Further Credit to: Special Instruction: By signing below, I (we) acknowledge and agree that my (our) funds transfer request shall be processed in accordance with and subject the Resolutions, any one (1) of the following named officers, employees, or agents of the Corporation, whose actual signatures are shown below, are authorized to empowered to do all acts authorized pursuant to the terms Resolutions: NAMES POSITION ACTUAL SIGNATURES Xxxxx Xxxxxx Chief Executive Officer /s/ Xxxxx Xxxxxx Xxxx Xxxxxxxx Chief Financial Officer /s/ Xxxx Xxxxxxxx IN WITNESS WHEREOF, I have hereunto set my hand on September 30, 2014 and conditions attest that the signatures set forth opposite the names listed above are their genuine signatures. CERTIFIED AND ATTESTED BY: By: /s/Xxxx Xxxxxxxx Name: Xxxx Xxxxxxxx Title: Secretary ATTACHMENT 1 Articles of Incorporation, as amended [attached hereto] ATTACHMENT 2 Bylaws of the Corporation [attached hereto] ATTACHMENT 3 Unanimous Written Consent in Lieu of Special Meeting of the agreements(s) covering funds transfer service(sBoard of Directors [attached hereto] LIMITED LIABILITY COMPANY RESOLUTIONS AND INCUMBENCY CERTIFICATION Borrower: ETHOSTREAM LLC I, the undersigned [Managing Member] of ETHOSTREAM, LLC (the “Company”), HEREBY CERTIFY that the Company is organized and existing under and by virtue of the laws of the State of Wisconsin. I FURTHER CERTIFY that attached hereto as Attachments 1, 2 and 3 are true and complete copies of the Articles of Organization (the “Articles”), the Operating Agreement of the Company (the “Operating Agreement”) and the Unanimous Written Consent in Lieu of Special Meeting of the Members (the “Resolutions”) regarding the asset based loan transaction with Heritage Bank of Commerce, N.A., each of which agreements(s) were previously received is in full force and executed by me (us)effect on the date hereof. Authorized SignatureI FURTHER CERTIFY that there have been no changes to the Articles, the Operating Agreement or the Resolutions since the date thereof. I FURTHER CERTIFY that, in accordance with the Resolutions, the Managing Member, whose actual signature is shown below, is authorized and empowered to do all acts authorized pursuant to the Resolutions: 2nd Signature (if required): Print Name/Title: Print Name/Title: Telephone #: Telephone #:NAMES POSITION ACTUAL SIGNATURES Xxxxx Xxxxxx Managing Member /s/ Xxxxx Xxxxxx

Appears in 1 contract

Samples: Loan and Security Agreement (Telkonet Inc)

Financial Covenant Required Actual Complies. Maintain on a Monthly Basis: Minimum Revenue (trailing 6 month) Tested as of the last day of each month, minimum GAAP revenue for the trailing 6 month period then ended, of at least 70% of Borrower’s projected performance for such month as outlined in Borrower’s 2018-2019 Financial Projections $ Yes No Other Matters Have there been any (i) amendments of or other changes to the capitalization table of Borrower or (ii) amendments or other changes to the Operating Documents of Borrower or any of its Subsidiaries? If yes, provide copies of any such amendments or changes with this Compliance Certificate. Yes No None The following are the exceptions with respect to the certification above: (If no exceptions exist, state “No exceptions to note.”) 10X GENOMICSTITAN PHARMACEUTICALS, INC. BANK LENDER USE ONLY By: Name: Received by: ByTitle: AUTHORIZED SIGNER Name: Date: Title: Verified: AUTHORIZED SIGNER Date: Compliance Status: Yes No EXHIBIT C LOAN PAYMENT/ADVANCE REQUEST FORM DEADLINE OF SECURED PROMISSORY NOTE $3,000,000 Dated: December 23, 2009 FOR SAME DAY PROCESSING IS NOON PACIFIC TIME Fax To: Date: LOAN PAYMENT: 10X GENOMICSVALUE RECEIVED, the undersigned, TITAN PHARMACEUTICALS, INC. From Account # To Account # ., a Delaware corporation (Deposit Account #“Borrower”), HEREBY PROMISES TO PAY to the order of OXFORD FINANCE CORPORATION (“Lender”) the principal amount of Three Million Dollars (Loan Account #$3,000,000) Principal $ and/or Interest $ Authorized Signature: Phone Number: Print Name/Title: LOAN ADVANCE: Complete Outgoing Wire Request section below if all or a portion such lesser amount as shall equal the outstanding principal balance of the funds from this loan advance are for an outgoing wire. From Account # To Account # Growth Capital Advance made to Borrower by Lender pursuant to the Loan Agreement (Loan Account #) (Deposit Account #) Amount of defined below), and to pay all other amounts due with respect to the Term Loan Growth Capital Advance $ All Borrower’s representations on the dates and warranties in the Second Amended and Restated Loan and Security Agreement are true, correct and complete in all material respects on the date of the request for an advance; provided, however, that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof; and provided, further that those representations and warranties expressly referring to a specific date shall be true, accurate and complete in all material respects as of such date: Authorized Signature: Phone Number: Print Name/Title: OUTGOING WIRE REQUEST: Complete only if all or a portion of funds from the loan advance above is to be wired. Deadline for same day processing is noon, Pacific Time Beneficiary Name: Amount of Wire: $ Beneficiary Name: Amount of Wire: $ City and State: Beneficiary Bank Transit (ABA) #: Beneficiary Bank Code (Swift, Sort, Chip, etc.): (For International Wire Only) Intermediary Bank: Transit (ABA) #: For Further Credit to: Special Instruction: By signing below, I (we) acknowledge and agree that my (our) funds transfer request shall be processed in accordance with and subject to the terms and conditions amounts set forth in the agreements(s) covering funds transfer service(sLoan Agreement. Capitalized terms, unless defined in this Secured Promissory Note (this “Note”), shall have the meaning given such capitalized term in the Loan Agreement. Interest on the principal amount of this Note from the date of this Note shall accrue at 13% per annum based on a 360-day year of twelve 30-day months or, if applicable, the Default Rate. Commencing on August 1, 2010, and continuing on the first day of each successive calendar month thereafter, Borrower shall make to Lender thirty (30) equal payments of principal and accrued interest on the then outstanding principal amount. Any and all remaining principal and interest shall be due and payable on the Maturity Date. In addition to the foregoing payments, on the Maturity Date (or upon earlier repayment, whether as a result of acceleration or otherwise) the Final Payment in the amount of One Hundred Eighty Thousand Dollars ($180,000) shall be due and payable by Borrower to Lender. Principal, interest and all other amounts due with respect to the Growth Capital Advance, are payable in lawful money of the United States of America to Lender as set forth in the Loan Agreement. The principal amount of this Note and the interest rate applicable thereto, and all payments made with respect thereto, shall be recorded by Lender and, prior to any transfer hereof, endorsed on the grid attached hereto which agreements(s) were previously received is part of this Note. This Note is the Note referred to in, and executed by me is entitled to the benefits of, the Loan and Security Agreement, dated as of the Closing Date (usas defined therein), to which Borrower and Lender are parties (as amended from time to time, the “Loan Agreement”). Authorized Signature: 2nd Signature The Loan Agreement, among other things, (if required): Print Name/Title: Print Name/Title: Telephone #: Telephone #:a) provides for the making of this secured Growth Capital Advance to Borrower, and (b) contains provisions for acceleration of the maturity hereof upon the happening of certain stated events. This Note may not be prepaid except as provided in the Loan Agreement. This Note and the obligation of Borrower to repay the unpaid principal amount of the Growth Capital Advance, interest on the Growth Capital Advance and all other amounts due Lender under the Loan Agreement is secured under the Loan Agreement. Presentment for payment, demand, notice of protest and all other demands and notices of any kind in connection with the execution, delivery, performance and enforcement of this Note are hereby waived. Borrower shall pay all reasonable fees and expenses, including, without limitation, reasonable attorneys’ fees and costs, incurred by Lender in the enforcement or attempt to enforce any of Borrower’s obligations hereunder not performed when due. This Note shall be governed by, and construed and interpreted in accordance with, the laws of the State of California. [Balance of Page Intentionally Left Blank]

Appears in 1 contract

Samples: Loan and Security Agreement (Titan Pharmaceuticals Inc)

Financial Covenant Required Actual Complies. Maintain on a Monthly Basis: Minimum Revenue (trailing 6 month) Tested as of the last day of each month, minimum GAAP revenue for the trailing 6 month period then ended, of at least 70Maximum Churn 5% of Borrower’s projected performance for such month as outlined in Borrower’s 2018-2019 Financial Projections $ / *** min. connections __________ Yes No Other Matters Have there been any (iMinimum Adjusted EBITDA See Section 6.9(b) amendments of or other changes to the capitalization table of Borrower or (ii) amendments or other changes to the Operating Documents of Borrower or any of its Subsidiaries? If yes, provide copies of any such amendments or changes with this Compliance Certificate. __________ Yes No The following are the exceptions with respect to the certification aboveComments Regarding Exceptions: (If no exceptions exist, state “No exceptions to note.”) 10X GENOMICS, INCSee Attached. BANK USE ONLY Received by: By: AUTHORIZED SIGNER Name: Date: Title: Verified: Sincerely, AUTHORIZED SIGNER Date: Verified: SIGNATURE AUTHORIZED SIGNER Date: TITLE Compliance Status: Status Yes No EXHIBIT C LOAN PAYMENT/ADVANCE REQUEST FORM DEADLINE FOR SAME DAY PROCESSING IS NOON PACIFIC TIME Fax To: Date: LOAN PAYMENT: 10X GENOMICSDATE Schedule of Exceptions Permitted Indebtedness (Section 1.1) Permitted Investments (Section 1.1) Permitted Liens (Section 1.1) Inbound Licenses (Section 5.6) Prior Names (Section 5.7) Litigation (Section 5.8) Subsidiaries (Section 5.14) Operating, Depository and Investment Accounts (Section 5.16) USA TECHNOLOGIES, INC. From Account # To Account # (Deposit Account #) (Loan Account #) Principal $ and/or Interest $ Authorized Signature: Phone Number: Print Name/Title: LOAN ADVANCE: Complete Outgoing Wire Request section below if all or a portion Heritage Bank of the funds from this loan advance are for an outgoing wire. From Account # To Account # (Loan Account #) (Deposit Account #) Amount of the Term Loan Advance $ All Borrower’s representations and warranties in the Second Amended and Restated Commerce – Loan and Security Agreement Schedule of Exceptions The following Schedules are truebeing delivered by USA Technologies, correct Inc., a Pennsylvania corporation (“Borrower” or the “Company”), to Heritage Bank of Commerce pursuant to that certain Loan and complete Security Agreement (the “Agreement”) dated March 29, 2016 by and between Borrower and Bank. All capitalized terms used but not herein defined shall have the respective meanings given to them in all material respects on the date Agreement. For purposes of convenience, the Schedules have been separately titled and correspond to the sections of the request for an advance; providedAgreement, however, where applicable. Any disclosure in one Schedule may apply to and qualify disclosures made in one or more other Schedules to the extent that it is reasonably apparent that such materiality qualifier disclosures apply to or qualify other Schedules, notwithstanding the omission of an appropriate cross reference to such other Schedule. Matters reflected herein may not necessarily be limited to matters strictly required by the Agreement to be reflected in these Schedules. To the extent that any such additional matters are included, they are included solely for informational purposes, and shall not be applicable deemed in any way to expand any of the information required to be disclosed in these Schedules or under the Agreement or to imply that other information with respect to similar matters must be disclosed. The inclusion of any item in these Schedules shall not constitute an admission by the Borrower that such item is material or that a violation, right of termination, consent requirement, default, liability or contractual obligation of any kind exists with respect to such item. These Schedules are qualified in their entirety by reference to the specific provisions of the Agreement and the representations and warranties that already to which the disclosures herein pertain and are qualified not intended to constitute, and shall not be construed as constituting, any separate representation or modified by materiality warranty of the Borrower, except as and to the extent expressly provided in these Schedules or the text thereof; and provided, further that those representations and warranties expressly referring to a specific date shall be true, accurate and complete in all material respects Agreement. Schedule 1.1-A Permitted Indebtedness Type Detail Balance as of such date: Authorized Signature: Phone Number: Print Name/Title: OUTGOING WIRE REQUEST: Complete only if all or a portion of funds from the loan advance above is to be wired. Deadline for same day processing is noon, Pacific Time Beneficiary Name: Amount of Wire: $ Beneficiary Name: Amount of Wire: $ City and State: Beneficiary Bank Transit (ABA) #: Beneficiary Bank Code (Swift, Sort, Chip, etc.): (For International Wire Only) Intermediary Bank: Transit (ABA) #: For Further Credit to: Special Instruction: By signing below, I (we) acknowledge and agree that my (our) funds transfer request shall be processed in accordance with and subject to the terms and conditions set forth in the agreements(s) covering funds transfer service(s), which agreements(s) were previously received and executed by me (us). Authorized Signature: 2nd Signature (if required): Print Name/Title: Print Name/Title: Telephone #: Telephone #:2/29/2016

Appears in 1 contract

Samples: Loan and Security Agreement (Usa Technologies Inc)

Financial Covenant Required Actual Complies. Maintain on a Monthly Basis: Minimum Revenue Quick Ratio 1.5:1.0 ______:1.0 Yes No Minimum Tangible Net Worth $4,500,000 $_________ Yes No COMMENTS REGARDING EXCEPTIONS: SEE ATTACHED BANK USE ONLY Received By: ---------------------- Date: ----------------------------- Verified: ------------------------- Date: ----------------------------- T/R SYSTEMS, INC. Compliance Status: Yes No By: --------------------------------- Name: ------------------------------- Title: ------------------------------ AMENDED AND RESTATED REVOLVING PROMISSORY NOTE $2,000,000.00 October 16, 1998 FOR VALUE RECEIVED, the undersigned, T/R SYSTEMS, INC., a Georgia corporation (trailing 6 month) Tested "Borrower"), promises to pay to the order of Silicon Valley Bank, a California-chartered bank ("Bank"), at such place as the holder hereof may designate, in accordance with the Loan and Security Agreement dated October 17, 1997, as amended by that certain Loan Modification Agreement dated as of March 31, 1998 and that certain Second Loan Modification Agreement as of the last date hereof between Borrower and Bank (as amended, modified or supplemented from time to time in accordance with its terms, the "Loan Agreement") the principal sum of Two Million Dollars ($2,000,000.00) or such lesser amount as may constitute the unpaid principal amount of the Advances made by Bank to Borrower, in lawful money of the United States, and to pay interest in like money at such office or place from the date hereof to the date of payment in full hereof (whether by acceleration or otherwise) on the unpaid principal balance hereof at a rate per annum which shall be equal to one percentage point (1.00) in excess of the Prime Rate (as hereinafter defined) in effect from time to time, which interest rate shall change as the Prime Rate changes. Interest shall be payable monthly in arrears on the sixteenth (16th) calendar day of each month, minimum GAAP revenue for commencing on November 16, 1998 until maturity, and thereafter on demand. Interest shall be calculated on the trailing 6 month period then endedbasis of actual days elapsed over a 360-day year. The unpaid principal amount of this Note, of at least 70% of Borrower’s projected performance for such month and accrued interest thereon, shall be payable on the Revolving Maturity Date, under and as outlined in Borrower’s 2018-2019 Financial Projections $ Yes No Other Matters Have there been any (i) amendments of or other changes to the capitalization table of Borrower or (ii) amendments or other changes to the Operating Documents of Borrower or any of its Subsidiaries? If yes, provide copies of any such amendments or changes with this Compliance Certificate. Yes No The following are the exceptions with respect to the certification above: (If no exceptions exist, state “No exceptions to note.”) 10X GENOMICS, INC. BANK USE ONLY Received by: By: AUTHORIZED SIGNER Name: Date: Title: Verified: AUTHORIZED SIGNER Date: Compliance Status: Yes No EXHIBIT C LOAN PAYMENT/ADVANCE REQUEST FORM DEADLINE FOR SAME DAY PROCESSING IS NOON PACIFIC TIME Fax To: Date: LOAN PAYMENT: 10X GENOMICS, INC. From Account # To Account # (Deposit Account #) (Loan Account #) Principal $ and/or Interest $ Authorized Signature: Phone Number: Print Name/Title: LOAN ADVANCE: Complete Outgoing Wire Request section below if all or a portion of the funds from this loan advance are for an outgoing wire. From Account # To Account # (Loan Account #) (Deposit Account #) Amount of the Term Loan Advance $ All Borrower’s representations and warranties defined in the Second Amended Loan Agreement referred to hereinabove or earlier as hereinafter provided. Bank's computation of amounts outstanding hereunder from time to time shall be, as between Bank and Restated Loan Borrower, final, conclusive and Security Agreement are truebinding for all purposes, correct and complete in all material respects on the date of the request for an advance; provided, however, that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof; and provided, further that those representations and warranties expressly referring to a specific date shall be true, accurate and complete in all material respects as of such date: Authorized Signature: Phone Number: Print Name/Title: OUTGOING WIRE REQUEST: Complete only if all or a portion of funds from the loan advance above is to be wired. Deadline for same day processing is noon, Pacific Time Beneficiary Name: Amount of Wire: $ Beneficiary Name: Amount of Wire: $ City and State: Beneficiary Bank Transit (ABA) #: Beneficiary Bank Code (Swift, Sort, Chip, etcabsent manifest error.): (For International Wire Only) Intermediary Bank: Transit (ABA) #: For Further Credit to: Special Instruction: By signing below, I (we) acknowledge and agree that my (our) funds transfer request shall be processed in accordance with and subject to the terms and conditions set forth in the agreements(s) covering funds transfer service(s), which agreements(s) were previously received and executed by me (us). Authorized Signature: 2nd Signature (if required): Print Name/Title: Print Name/Title: Telephone #: Telephone #:

Appears in 1 contract

Samples: Loan and Security Agreement (T/R Systems Inc)

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Financial Covenant Required Actual Complies. Maintain on a Monthly BasisN/A Deposits Deposits held at Bridge Bank: Minimum Revenue (trailing 6 month) Tested as $______________________ Deposits held outside of the last day of each month, minimum GAAP revenue for the trailing 6 month period then ended, of at least 70% of Borrower’s projected performance for such month as outlined in Borrower’s 2018-2019 Financial Projections $ Yes No Other Matters Have there been any (i) amendments of or other changes to the capitalization table of Borrower or (ii) amendments or other changes to the Operating Documents of Borrower or any of its Subsidiaries? If yes, provide copies of any such amendments or changes with this Compliance Certificate. Yes No The following are the exceptions with respect to the certification aboveBridge Bank: (If no exceptions exist, state “No exceptions to note.”) 10X GENOMICS, INC$________________ Comments Regarding Exceptions: See Attached. BANK USE ONLY Received by: By: AUTHORIZED SIGNER Name: Date: Title: Verified: Sincerely, AUTHORIZED SIGNER Date: Verified: SIGNATURE AUTHORIZED SIGNER Date: TITLE Compliance Status: Status Yes No EXHIBIT C LOAN PAYMENT/ADVANCE DATE Exhibit B FUNDING REQUEST FORM DEADLINE FOR SAME DAY PROCESSING IS NOON PACIFIC TIME Fax (RECEIVABLES ADVANCE) To: Bridge Bank, National Association Fax: (000) 000-0000 Date: LOAN PAYMENTFrom: 10X GENOMICSVERTRO, INC. From Account # ALOT, INC. Borrower’s Name Authorized Signature Authorized Signer’s Name (please print) Phone Number To Account # (Deposit Borrower hereby requests funding in the Gross amount of $ _________________ representing a Net advance in the amount of $ ___________________ in accordance with the attached invoices. Each invoice shall indicate the correct amount owed by the Account #) (Loan Account #) Principal $ and/or Interest $ Authorized Signature: Phone Number: Print Name/Title: LOAN ADVANCE: Complete Outgoing Wire Request section below if all or a portion Debtor, the name and address of the funds from this loan advance are Account Debtor, the invoice number, and the invoice date. Borrower hereby authorizes Lender to rely on facsimile stamp signatures and treat them as authorized by Borrower for an outgoing wirethe purpose of requesting Advances. From Account # To Account # (Loan Account #) (Deposit Account #) Amount of the Term Loan Advance $ All Borrower’s representations and warranties of Borrower stated in the Second Amended and Restated Loan and Security Business Financing Agreement are true, correct and complete in all material respects on as of the date of the request for an advancethis Funding Request; provided, however, that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof; and provided, further provided that those representations and warranties expressly referring to a specific another date shall be true, accurate correct and complete in all material respects as of such date: Authorized Signature: Phone Number: Print Name/Title: OUTGOING WIRE REQUEST: Complete only if all or a portion of funds from . Capitalized terms used herein and not otherwise defined have the loan advance above is to be wired. Deadline for same day processing is noon, Pacific Time Beneficiary Name: Amount of Wire: $ Beneficiary Name: Amount of Wire: $ City and State: Beneficiary Bank Transit (ABA) #: Beneficiary Bank Code (Swift, Sort, Chip, etc.): (For International Wire Only) Intermediary Bank: Transit (ABA) #: For Further Credit to: Special Instruction: By signing below, I (we) acknowledge and agree that my (our) funds transfer request shall be processed in accordance with and subject to the terms and conditions meanings set forth in the agreements(s) covering funds transfer service(s), which agreements(s) were previously received and executed by me (us). Authorized Signature: 2nd Signature (if required): Print Name/Title: Print Name/Title: Telephone #: Telephone #:Business Financing Agreement.

Appears in 1 contract

Samples: Business Financing Agreement (Vertro, Inc.)

Financial Covenant Required Actual Complies. Maintain on a Monthly BasisAsset Coverage Ratio, measured monthly 1.25 : Minimum Revenue (trailing 6 month) Tested as of the last day of each month, minimum GAAP revenue for the trailing 6 month period then ended, of at least 70% of Borrower’s projected performance for such month as outlined in Borrower’s 2018-2019 Financial Projections $ 1.00 : 1.00 Yes No Other Matters Have there been any (i) amendments of or other changes to the capitalization table of Borrower or (ii) amendments or other changes to the Operating Documents of Borrower or any of its Subsidiaries? If yesRolling 6-mo EBITDA, provide copies of any such amendments or changes with this Compliance Certificate. measured quarterly * Yes No The following are the exceptions with respect to the certification aboveRolling 4-quarter EBITDA, measured quarterly ** Yes No * $2,500,000 9/30/15; $3,500,000 12/31/15 ** $6,276,000 3/31/16; $6,738,000 6/30/16; $7,416,000 9/30/16; $8,000,000 12/31/16 Comments Regarding Exceptions: (If no exceptions exist, state “No exceptions to note.”) 10X GENOMICS, INCSee Attached. BANK USE ONLY Received by: By: AUTHORIZED SIGNER Name: Date: Title: Verified: Sincerely, AUTHORIZED SIGNER Date: Verified: SIGNATURE AUTHORIZED SIGNER Date: TITLE Compliance Status: Status Yes No EXHIBIT C DATE SCHEDULE OF EXCEPTIONS SCHEDULE OF EXCEPTIONS TO LIME ENERGY CO. HERITAGE BANK OF COMMERCE LOAN PAYMENT/ADVANCE REQUEST FORM DEADLINE FOR SAME DAY PROCESSING IS NOON PACIFIC TIME Fax To: Date: LOAN PAYMENT: 10X GENOMICS, INC. From Account # To Account # AND SECURITY AGREEMENT COMPANY SCHEDULES This document and the attachments hereto (Deposit Account #each of which is incorporated by reference herein) constitute the “Schedules of Exception” (Loan Account #the “Schedules”) Principal $ and/or Interest $ Authorized Signature: Phone Number: Print Name/Title: LOAN ADVANCE: Complete Outgoing Wire Request section below if all or a portion of the funds from this loan advance are for an outgoing wire. From Account # To Account # (Loan Account #) (Deposit Account #) Amount of the Term Loan Advance $ All Borrower’s representations and warranties referred to in the Second Amended and Restated that certain Loan and Security Agreement (the “Agreement”) dated as of July 24, 2015 by and among Lime Energy Co., a Delaware corporation (“Company”), and Heritage Bank of Commerce. All capitalized terms used but not herein defined shall have the respective meaning given to them in the Agreement. Any matter described in any schedule to this Agreement shall be a disclosure only with respect to any other section or subsection if the applicability of such matter to such other section or subsection is apparent on its face. These Schedules and all descriptions of documents contained herein are truequalified in their entirety by reference to the documents so delivered. Matters reflected herein may not necessarily be limited to matters strictly required by the Agreement to be reflected in these Schedules. To the extent that any such additional matters are included, correct they are included solely for informational purposes, and complete in all material respects on the date of the request for an advance; provided, however, that such materiality qualifier shall not be applicable deemed in any way to expand any of the information required to be disclosed in these Schedules or under the Agreement or to imply that other information with respect to similar matters must be disclosed. The inclusion of any document or other item in these Schedules shall not constitute an admission by the Company that such document or other item is material or that a violation, right of termination, consent requirement, default, liability or contractual obligation of any kind exists with respect to such document or item. These Schedules are qualified in their entirety by reference to the specific provisions of the Agreement and the representations and warranties that already to which the disclosures herein pertain and are qualified not intended to constitute, and shall not be construed as constituting, any separate representation or modified by materiality in warranty of the text thereof; Company, except as and provided, further that those representations and warranties expressly referring to a specific date shall be true, accurate and complete in all material respects as of such date: Authorized Signature: Phone Number: Print Name/Title: OUTGOING WIRE REQUEST: Complete only if all or a portion of funds from the loan advance above is to be wired. Deadline for same day processing is noon, Pacific Time Beneficiary Name: Amount of Wire: $ Beneficiary Name: Amount of Wire: $ City and State: Beneficiary Bank Transit (ABA) #: Beneficiary Bank Code (Swift, Sort, Chip, etc.): (For International Wire Only) Intermediary Bank: Transit (ABA) #: For Further Credit to: Special Instruction: By signing below, I (we) acknowledge and agree that my (our) funds transfer request shall be processed in accordance with and subject to the terms and conditions set forth extent expressly provided in these Schedules or the agreements(sAgreement. SCHEDULE 1.1 Permitted Indebtedness “Permitted Indebtedness” includes, for purposes of subsection (b) covering funds transfer service(s)to the definition, which agreements(s) were previously received and executed by me (us). Authorized Signature: 2nd Signature (if required): Print Name/Title: Print Name/Title: Telephone #: Telephone #the following:

Appears in 1 contract

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

Financial Covenant Required Actual Complies. Maintain on a Monthly Basis: Minimum Revenue (trailing 6 month) Tested as of the last day of each month, minimum GAAP revenue for the trailing 6 month period then ended, of at least 70% of Borrower’s projected performance for such month as outlined in Borrower’s 2018-2019 Financial Projections $ Asset Coverage Ratio 2.00 to 1.00 ___ to 1.00 Yes No Other Matters Have there been any (i) amendments Amendment Number Eleven to Amended and Restated Business Financing Agreement Deposits Deposits held at Western Alliance Bank: $________________________ Deposits held outside of or other changes Western Alliance Bank: $_________________ Amendment Number Eleven to the capitalization table of Borrower or (ii) amendments or other changes to the Operating Documents of Borrower or any of its Subsidiaries? If yes, provide copies of any such amendments or changes with this Compliance Certificate. Yes No The following are the exceptions with respect to the certification aboveAmended and Restated Business Financing Agreement Comments Regarding Exceptions: (If no exceptions exist, state “No exceptions to note.”) 10X GENOMICS, INCSee Attached. BANK USE ONLY Received by: By: AUTHORIZED SIGNER Name: Date: Title: Verified: Sincerely, AUTHORIZED SIGNER Date: Verified: SIGNATURE AUTHORIZED SIGNER Date: TITLE Compliance Status: Status Yes No EXHIBIT C LOAN PAYMENT/ADVANCE REQUEST FORM DEADLINE FOR SAME DAY PROCESSING IS NOON PACIFIC TIME Fax To: Date: LOAN PAYMENT: 10X GENOMICSDATE Amendment Number Eleven to Amended and Restated Business Financing Agreement ACKNOWLEDGMENT AND AGREEMENT OF GUARANTOR The undersigned, INC. From Account # To Account # (Deposit Account #) (Loan Account #) Principal $ and/or Interest $ Authorized Signature: Phone Number: Print Name/Title: LOAN ADVANCE: Complete Outgoing Wire Request section below if all or a portion guarantor of the funds from this loan advance are for obligations of Determine, Inc., a Delaware corporation, f/k/a Selectica, Inc. (“Determine”), and Determine Sourcing Inc., a Delaware corporation, f/k/a Selectica Sourcing Inc., (“Sourcing,” together with Determine, each a “Borrower,” and collectively “Borrowers”), to Western Alliance Bank, an outgoing wire. From Account # To Account # Arizona corporation (Loan Account #) (Deposit Account #) Amount of the Term Loan Advance $ All Borrower’s representations and warranties in “Lender”), pursuant to the Second Amended and Restated Loan and Security Agreement are true, correct and complete in all material respects on the date Limited Guaranty of the request for an advanceundersigned (“Guaranty”), hereby (i) acknowledges receipt of the foregoing Amendment; provided, however, that such materiality qualifier shall not be applicable (ii) consents to any representations the terms (including without limitation the release set forth in Section 10 of the Amendment) and warranties that already are qualified or modified by materiality in the text execution thereof; (iii) reaffirms all obligations to Lender pursuant to the terms of its Guaranty; and provided(iv) acknowledges that, further that those representations and warranties expressly referring to a specific date shall be true, accurate and complete in all material respects as of such date: Authorized Signature: Phone Number: Print Name/Title: OUTGOING WIRE REQUEST: Complete only if all or a portion of funds from the loan advance above is to be wired. Deadline for same day processing is noon, Pacific Time Beneficiary Name: Amount of Wire: $ Beneficiary Name: Amount of Wire: $ City and State: Beneficiary Bank Transit (ABA) #: Beneficiary Bank Code (Swift, Sort, Chip, etc.): (For International Wire Only) Intermediary Bank: Transit (ABA) #: For Further Credit to: Special Instruction: By signing below, I (we) acknowledge and agree that my (our) funds transfer request shall be processed in accordance with and subject to the terms of the Guaranty, Lender may amend, restate, extend, renew or otherwise modify the Loan Documents and conditions set forth in any indebtedness or agreement of Borrowers, or enter into any agreement or extend additional or other credit accommodations, without notifying or obtaining the agreements(s) covering funds transfer service(s), which agreements(s) were previously received consent of the undersigned and executed by me (us). Authorized Signature: 2nd Signature (if required): Print Name/Title: Print Name/Title: Telephone #: Telephone #:without impairing the obligations of the undersigned under the Guaranty.

Appears in 1 contract

Samples: Business Financing Agreement (Determine, Inc.)

Financial Covenant Required Actual Complies. Maintain on a Monthly Basis: Pursuant to Section 8.2, maintain at all times (tested monthly, unless otherwise noted) Minimum Net Product Revenue (trailing 6 month) Tested as of the last day of each month, minimum GAAP revenue for the trailing 6 twelve month period then ended, of at least 70% of Borrower’s projected performance for such month as outlined in Borrower’s 2018-2019 Financial Projections of: $ Yes No Other Matters Have there been any (i) amendments of or other changes to the capitalization table of Borrower or (ii) amendments or other changes to the Operating Documents of Borrower or any of its Subsidiaries? If yes, provide copies of any such amendments or changes with this Compliance Certificate. 1 $ Yes No The following are the exceptions with respect to the certification above: (If no exceptions exist, state “No exceptions to note.”) 10X GENOMICSQUOTIENT BIODIAGNOSTICS, INC. BANK AGENT USE ONLY By: Received by: ByName: AUTHORIZED SIGNER NameTitle: Date: Title: Verified: AUTHORIZED SIGNER Date: Compliance Status: Yes No 1 See Minimum Net Product Revenue Schedule for required amount [***]: CONFIDENTIAL PORTIONS OMITTED AND FILED SEPARATELY WITH THE COMMISSION. Quotient Credit Agreement 4 EXHIBIT C LOAN PAYMENT/ADVANCE REQUEST CREDIT EXTENSION FORM DEADLINE FOR SAME DAY PROCESSING IS NOON PACIFIC TIME Fax To: E.S.T. Date: LOAN PAYMENT: 10X GENOMICS, INC. From Account # To Account # (Deposit Account #) (Loan Account #) Principal $ and/or Interest $ Authorized Signature: Phone Number: Print Name/Title: 201 LOAN ADVANCE: Complete Outgoing Wire Request section below if all or a portion of the funds from this loan advance are for an outgoing wire. From Account # To Account # (Loan Account #) (Deposit Account #) Amount of the Term Loan Advance $ All Borrower’s representations and warranties in the Second Amended and Restated Loan Credit, Guaranty and Security Agreement are true, correct and complete in all material respects on the date of the request for an advance; provided, however, that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof; and provided, further further, that those representations and warranties expressly referring to a specific date shall be true, accurate and complete in all material respects as of such date: Authorized Signature: Phone Number: Print Name/Title: OUTGOING WIRE REQUEST: Complete only if all or a portion of funds from the loan advance above is to be wired. Deadline for same day processing is noon, Pacific Time Beneficiary Name: Amount of Wire: $ Beneficiary NameLender: Amount of WireAccount Number: $ City and State: Beneficiary Bank Lender Transit (ABA) #: Beneficiary Bank Lender Code (Swift, Sort, Chip, etc.): (For International Wire Wires Only) Intermediary BankLender: Transit (ABA) #: For Further Credit to: Special Instruction: By signing below, I (we) acknowledge and agree that my (our) funds transfer request shall be processed in accordance with and subject to the terms and conditions set forth in the agreements(s) covering funds transfer service(s), which agreements(s) were previously received and executed by me (us)me. Authorized Signature: 2nd Signature (if required): Print Name/Title: Print Name/Title: Telephone #: Telephone #: [***]: CONFIDENTIAL PORTIONS OMITTED AND FILED SEPARATELY WITH THE COMMISSION. Quotient Credit Agreement 5 CREDIT FACILITY SCHEDULE The following Credit Facilities are specified on this Credit Facility Schedule: Credit Facility #1: Credit Facility and Type: Term Lenders for and their respective Applicable Commitments to this Credit Facility: Lender Applicable Commitment Midcap Funding V, LLC $ 15,000,000 The following defined terms apply to this Credit Facility:

Appears in 1 contract

Samples: Credit, Guaranty and Security Agreement (Quotient LTD)

Financial Covenant Required Actual Complies. Maintain on a Monthly Basis: Minimum Revenue (trailing 6 month) Tested as of the last day of each month, minimum GAAP revenue for the trailing 6 month period then ended, of at least 70% of Borrower’s projected performance for such month as outlined in Borrower’s 2018-2019 Financial Projections $ Yes No Other Matters Have there been any (i) amendments of or other changes to the capitalization table of Borrower or (ii) amendments or other changes to the Operating Documents of Borrower or any of its Subsidiaries? If yes, provide copies of any such amendments or changes with this Compliance Certificate. Yes No None The following are the exceptions with respect to the certification above: (If no exceptions exist, state “No exceptions to note.”) 10X GENOMICSTITAN PHARMACEUTICALS, INC. BANK LENDER USE ONLY By: Received by: ByName: AUTHORIZED SIGNER NameTitle: Date: Title: Verified: AUTHORIZED SIGNER Date: Compliance Status: Yes No EXHIBIT C GROWTH CAPITAL LOAN PAYMENT/ADVANCE REQUEST FORM DEADLINE B SECURED PROMISSORY NOTE $5,000,000 Dated: September 27, 2010 FOR SAME DAY PROCESSING IS NOON PACIFIC TIME Fax To: Date: LOAN PAYMENT: 10X GENOMICSVALUE RECEIVED, the undersigned, TITAN PHARMACEUTICALS, INC. From Account # To Account # ., a Delaware corporation (Deposit Account #“Borrower”), HEREBY PROMISES TO PAY to the order of OXFORD FINANCE CORPORATION (“Lender”) the principal amount of Five Million Dollars (Loan Account #$5,000,000) Principal $ and/or Interest $ Authorized Signature: Phone Number: Print Name/Title: LOAN ADVANCE: Complete Outgoing Wire Request section below if all or a portion such lesser amount as shall equal the outstanding principal balance of the funds from this loan advance are for an outgoing wire. From Account # To Account # Growth Capital Loan B made to Borrower by Lender pursuant to the Loan Agreement (defined below), and to pay all other amounts due with respect to the Growth Capital Loan Account #) (Deposit Account #) Amount of B on the Term Loan Advance $ All Borrower’s representations dates and warranties in the Second Amended and Restated amounts set forth in the Loan and Security Agreement are trueAgreement. Capitalized terms, correct and complete unless defined in all material respects this Growth Capital Loan B Secured Promissory Note (this “Note”), shall have the meaning given such capitalized term in the Loan Agreement. Interest on the principal amount of this Note from the date of this Note shall accrue at 13% per annum based on a 360-day year of twelve 30-day months or, if applicable, the request for an advance; providedDefault Rate. Commencing on August 1, however2011, that such materiality qualifier and continuing on the first day of each successive calendar month thereafter, Borrower shall not be applicable make to any representations Lender thirty (30) equal payments of principal and warranties that already are qualified or modified by materiality in accrued interest on the text thereof; then outstanding principal amount. Any and provided, further that those representations all remaining principal and warranties expressly referring to a specific date interest shall be truedue and payable on the Growth Capital Loan B Maturity Date. In addition to the foregoing payments, accurate and complete on the Growth Capital Loan B Maturity Date (or upon earlier repayment, whether as a result of acceleration or otherwise) the Growth Capital Loan B Final Payment (as defined in all material respects as of such date: Authorized Signature: Phone Number: Print Name/Title: OUTGOING WIRE REQUEST: Complete only if all or a portion of funds from the loan advance above is to be wired. Deadline for same day processing is noon, Pacific Time Beneficiary Name: Amount of Wire: $ Beneficiary Name: Amount of Wire: $ City and State: Beneficiary Bank Transit (ABA) #: Beneficiary Bank Code (Swift, Sort, Chip, etc.): (For International Wire Only) Intermediary Bank: Transit (ABA) #: For Further Credit to: Special Instruction: By signing below, I (we) acknowledge and agree that my (our) funds transfer request shall be processed in accordance with and subject to the terms and conditions of the Loan Agreement) shall be due and payable by Borrower to Lender. Principal, interest and all other amounts due with respect to the Growth Capital Loan B, are payable in lawful money of the United States of America to Lender as set forth in the agreements(s) covering funds Loan Agreement. The principal amount of this Note and the interest rate applicable thereto, and all payments made with respect thereto, shall be recorded by Lender and, prior to any transfer service(shereof, endorsed on the grid attached hereto which is part of this Note. This Note is the Note referred to in, and is entitled to the benefits of, the Amended and Restated Loan and Security Agreement, dated as of the Closing Date (as defined therein), to which agreements(s) were previously received Borrower and executed by me Lender are parties (usas amended from time to time, the “Loan Agreement”). Authorized Signature: 2nd Signature The Loan Agreement, among other things, (if required): Print Name/Title: Print Name/Title: Telephone #: Telephone #:a) provides for the making of this secured Growth Capital Loan B to Borrower, and (b) contains provisions for acceleration of the maturity hereof upon the happening of certain stated events. This Note may not be prepaid except as provided in the Loan Agreement. This Note and the obligation of Borrower to repay the unpaid principal amount of the Growth Capital Loan B, interest on the Growth Capital Loan B and all other amounts due Lender under the Loan Agreement is secured under the Loan Agreement. Presentment for payment, demand, notice of protest and all other demands and notices of any kind in connection with the execution, delivery, performance and enforcement of this Note are hereby waived. Borrower shall pay all reasonable fees and expenses, including, without limitation, reasonable attorneys’ fees and costs, incurred by Lender in the enforcement or attempt to enforce any of Borrower’s obligations hereunder not performed when due. This Note shall be governed by, and construed and interpreted in accordance with, the laws of the State of California.

Appears in 1 contract

Samples: Loan and Security Agreement (Titan Pharmaceuticals Inc)

Financial Covenant Required Actual Complies. Maintain on a Monthly BasisNA Deposits Deposits held at Bridge Bank: Minimum Revenue (trailing 6 month) Tested as $________________________ Deposits held outside of the last day of each month, minimum GAAP revenue for the trailing 6 month period then ended, of at least 70% of Borrower’s projected performance for such month as outlined in Borrower’s 2018-2019 Financial Projections $ Yes No Other Matters Have there been any (i) amendments of or other changes to the capitalization table of Borrower or (ii) amendments or other changes to the Operating Documents of Borrower or any of its Subsidiaries? If yes, provide copies of any such amendments or changes with this Compliance Certificate. Yes No The following are the exceptions with respect to the certification aboveBridge Bank: (If no exceptions exist, state “No exceptions to note.”) 10X GENOMICS, INC$__________________ Comments Regarding Exceptions: See Attached. BANK USE ONLY Received by: By: AUTHORIZED SIGNER Name: Date: Title: Verified: Sincerely, AUTHORIZED SIGNER Date: Verified: SIGNATURE AUTHORIZED SIGNER Date: TITLE Compliance Status: Status Yes No EXHIBIT C LOAN PAYMENT/ADVANCE DATE Exhibit B FUNDING REQUEST FORM DEADLINE FOR SAME DAY PROCESSING IS NOON PACIFIC TIME Fax (RECEIVABLES ADVANCE) To: Bridge Bank, National Association Fax: (000) 000-0000 Date: LOAN PAYMENTFrom: 10X GENOMICS, INC. From Account # Borrower's Name Authorized Signature Authorized Signer's Name (please print) Phone Number To Account # (Deposit Borrower hereby requests funding in the Gross amount of $ ______________________ representing a Net advance in the amount of $_____________________ in accordance with the attached invoices. Each invoice shall indicate the correct amount owed by the Account #) (Loan Account #) Principal $ and/or Interest $ Authorized Signature: Phone Number: Print Name/Title: LOAN ADVANCE: Complete Outgoing Wire Request section below if all or a portion Debtor, the name and address of the funds from this loan advance are Account Debtor, the invoice number, and the invoice date. Borrower hereby authorizes Lender to rely on facsimile stamp signatures and treat them as authorized by Borrower for an outgoing wirethe purpose of requesting Advances. From Account # To Account # (Loan Account #) (Deposit Account #) Amount of the Term Loan Advance $ All Borrower’s representations and warranties of Borrower stated in the Second Amended and Restated Loan and Security Business Financing Agreement are true, correct and complete in all material respects on as of the date of the request for an advancethis Funding Request; provided, however, that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof; and provided, further provided that those representations and warranties expressly referring to a specific another date shall be true, accurate correct and complete in all material respects as of such date: Authorized Signature: Phone Number: Print Name/Title: OUTGOING WIRE REQUEST: Complete only if all or a portion of funds from . Capitalized terms used herein and not otherwise defined have the loan advance above is to be wired. Deadline for same day processing is noon, Pacific Time Beneficiary Name: Amount of Wire: $ Beneficiary Name: Amount of Wire: $ City and State: Beneficiary Bank Transit (ABA) #: Beneficiary Bank Code (Swift, Sort, Chip, etc.): (For International Wire Only) Intermediary Bank: Transit (ABA) #: For Further Credit to: Special Instruction: By signing below, I (we) acknowledge and agree that my (our) funds transfer request shall be processed in accordance with and subject to the terms and conditions meanings set forth in the agreements(s) covering funds transfer service(sBusiness Financing Agreement. CORPORATE RESOLUTIONS TO BORROW Borrower: PROGINET CORPORATION I, the undersigned Secretary or Assistant Secretary of Proginet Corporation (the “Corporation”), HEREBY CERTIFY that the Corporation is organized and existing under and by virtue of the laws of the State of Delaware. I FURTHER CERTIFY that attached hereto as Attachments A and B are true and complete copies of the Articles of Incorporation, as amended, and the Bylaws of the Corporation, each of which agreements(s) were previously received is in full force and executed by me (us). Authorized Signature: 2nd Signature (if required): Print Name/Title: Print Name/Title: Telephone #: Telephone #:effect on the date hereof.

Appears in 1 contract

Samples: Business Financing Agreement (Proginet Corp)

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