Common use of Full Disclosure Clause in Contracts

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).

Appears in 360 contracts

Samples: Loan and Security Agreement (Marin Software Inc), Loan and Security Agreement (Sensus Healthcare, Inc.), Loan and Security Agreement (Sumo Logic, Inc.)

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Full Disclosure. No written representation, warranty or other statement of made by Borrower in any certificate or written statement given furnished to Bank, as of the date such representation, warranty, or other statement was made, Bank taken together with all such written certificates and written statements given furnished to Bank, Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in the such certificates or statements not misleading (misleading, it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not to be viewed as facts and that actual results during the period or periods covered by any such projections and forecasts may differ from the projected or forecasted results).

Appears in 100 contracts

Samples: Loan and Security Agreement (Auriga Laboratories, Inc.), Loan and Security Agreement (Zonare Medical Systems Inc), Loan and Security Agreement (Intelepeer Inc)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representationrepresentations, warrantywarranties, or other statement was statements were made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).

Appears in 75 contracts

Samples: Loan and Security Agreement (Trustwave Holdings, Inc.), Loan and Security Agreement (Sirtris Pharmaceuticals, Inc.), Loan and Security Agreement (Cyoptics Inc)

Full Disclosure. No written representation, warranty or other statement of made by Borrower in any certificate or written statement given furnished to Bank, as of the date such representation, warranty, or other statement was made, Bank taken together with all such written certificates and written statements given furnished to Bank, Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in the such certificates or statements not misleading (in light of the circumstances in which they were made, it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not to be viewed as facts and that actual results during the period or periods covered by any such projections and forecasts may differ from the projected or forecasted results).

Appears in 61 contracts

Samples: Loan and Security Agreement (Cidara Therapeutics, Inc.), Loan and Security Agreement (Rally Software Development Corp), Loan and Security Agreement (Oxford Immunotec Global PLC)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the any projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).

Appears in 24 contracts

Samples: Loan and Security Agreement (Adept Technology Inc), Loan and Security Agreement (Airgain Inc), Loan and Security Agreement (Crossroads Systems Inc)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to BankLender, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to BankLender, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank Lender that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).

Appears in 17 contracts

Samples: Loan and Security Agreement (Channeladvisor Corp), Loan and Security Agreement (Titan Pharmaceuticals Inc), Mezzanine Loan and Security Agreement (BigCommerce Holdings, Inc.)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).

Appears in 16 contracts

Samples: Loan and Security Agreement (Exa Corp), Loan and Security Agreement (Socket Mobile, Inc.), Loan and Security Agreement (Braintech Inc)

Full Disclosure. No written representation, warranty or other statement of made by Borrower in any certificate or written statement given furnished to Bank, as of Bank by Borrower in connection with the date such representation, warranty, or other statement was madetransaction contemplated by this Agreement, taken together with all such written certificates and written statements given to Bankas a whole, contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in the such certificates or statements not misleading (it being recognized by the Bank that the projections and forecasts provided by Borrower in are based on Borrower's reasonable and good faith and based upon reasonable assumptions are not viewed as facts assessment of the probabilities of future events and that actual results during the period or periods covered by any such projections and forecasts may differ from the projected or forecasted results).

Appears in 9 contracts

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

Full Disclosure. No written representation, warranty or other statement of Co-Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Co-Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).

Appears in 7 contracts

Samples: Loan and Security Agreement (Twist Bioscience Corp), Loan and Security Agreement (Verona Pharma PLC), Loan Agreement (TEKMIRA PHARMACEUTICALS Corp)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representationrepresentations, warrantywarranties, or other statement was statements were made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).

Appears in 5 contracts

Samples: Loan and Security Agreement (GlobalOptions Group, Inc.), Loan and Security Agreement (Paradigm Holdings, Inc), Loan and Security Agreement (Axs One Inc)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to BankLender, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to BankLender, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).

Appears in 4 contracts

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

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representationrepresentations, warrantywarranties, or other statement was statements were made, taken together with all such written certificates and written statements given give to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).

Appears in 4 contracts

Samples: Loan and Security Agreement (Ocz Technology Group Inc), Loan and Security Agreement (GigOptix, Inc.), Loan and Security Agreement (GigOptix, Inc.)

Full Disclosure. No written representation, warranty or other statement of Borrower or any of its Subsidiaries in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, Bank pursuant to this Agreement (taken together with all such written certificates and written statements given to Bank, ) contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by misleading. Bank recognizes that the projections projections, forecasts, and forecasts business plans provided by Borrower or any of its Subsidiaries in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or and forecasted results).

Appears in 4 contracts

Samples: Loan and Security Agreement (Radisys Corp), Loan and Security Agreement (3PAR Inc.), Loan and Security Agreement (Radisys Corp)

Full Disclosure. No written representation, warranty or other statement of any Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower Borrowers in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).

Appears in 4 contracts

Samples: Loan and Security Agreement (BK Technologies Corp), Loan and Security Agreement (Internet Brands, Inc.), Loan and Security Agreement (Sciclone Pharmaceuticals Inc)

Full Disclosure. No written representation, warranty or other statement of made by Borrower in any certificate or written statement given furnished to Bank, as of the date such representation, warranty, or other statement was made, Bank taken together with all such written certificates and written statements given furnished to Bank, Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in the such certificates or statements not misleading (as of the date made or provided, it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not to be viewed as facts and that actual results during the period or periods covered by any such projections and forecasts may differ from the projected or forecasted results).

Appears in 3 contracts

Samples: Loan and Security Agreement (Lyris, Inc.), Loan and Security Agreement (Lyris, Inc.), Loan and Security Agreement (Jl Halsey Corp)

Full Disclosure. No written representation, warranty or other statement of made by Borrower in any certificate or written statement given furnished to Bank, as of the date such representation, warranty, or other statement was made, Bank taken together with all such written certificates and written statements given furnished to Bank, Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in the such certificates or statements not misleading (in light of the circumstances in which such representation, warranty or statement was made, it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not to be viewed as facts and that actual results during the period or periods covered by any such projections and forecasts may differ from the projected or forecasted results).

Appears in 3 contracts

Samples: Loan, Guaranty and Security Agreement (Cinedigm Corp.), Loan, Guaranty and Security Agreement (Cinedigm Corp.), Guaranty and Security Agreement (Cinedigm Corp.)

Full Disclosure. No written representation, warranty or other statement of made by a Borrower in any certificate or written statement given furnished to Bank, as of the date such representation, warranty, or other statement was made, Bank taken together with all such written certificates and written statements given furnished to Bank, Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in the such certificates or statements not misleading (in light of the circumstances in which they were made, it being recognized by Bank that the projections and forecasts provided by Borrower Borrowers in good faith and based upon reasonable assumptions are not to be viewed as facts and that actual results during the period or periods covered by any such projections and forecasts may differ from the projected or forecasted results).

Appears in 3 contracts

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

Full Disclosure. No written representation, warranty or other statement of any Borrower in any certificate or written statement given to Bank, as of the date such representationrepresentations, warrantywarranties, or other statement was statements were made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by a Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).

Appears in 3 contracts

Samples: Loan and Security Agreement (Ultra Clean Holdings Inc), Loan and Security Agreement (Ultra Clean Holdings Inc), Loan and Security Agreement (Ultra Clean Holdings Inc)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, Bank (taken together with all such written certificates and written statements given to Bank, Bank and Borrower’s filings with the Securities & Exchange Commission) contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it misleading. It being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or and forecasted results).

Appears in 3 contracts

Samples: Loan and Security Agreement (Quicklogic Corporation), Loan and Security Agreement (Quicklogic Corporation), Loan and Security Agreement (Quicklogic Corporation)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not to be viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).

Appears in 3 contracts

Samples: Loan and Security Agreement (Aerohive Networks, Inc), Loan and Security Agreement (Aerohive Networks, Inc), Loan and Security Agreement (Aerohive Networks, Inc)

Full Disclosure. No written representation, warranty or other statement of Borrower Borrowers in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower Borrowers in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).

Appears in 3 contracts

Samples: Loan and Security Agreement (Overland Storage Inc), Loan and Security Agreement (Aviat Networks, Inc.), Loan and Security Agreement (Aviat Networks, Inc.)

Full Disclosure. No written representation, warranty or other statement of any Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by any Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).

Appears in 2 contracts

Samples: Loan and Security Agreement (Comverge, Inc.), Loan and Security Agreement (Luna Innovations Inc)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the any projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).,

Appears in 2 contracts

Samples: Loan and Security Agreement (Quantenna Communications Inc), Loan and Security Agreement (Quantenna Communications Inc)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, Bank (taken together with all such written certificates and written statements given to Bank, ) contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it at the time such statement was made. It being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or and forecasted results).

Appears in 2 contracts

Samples: Loan and Security Agreement (Isis Pharmaceuticals Inc), Loan and Security Agreement (Cancervax Corp)

Full Disclosure. No written representation, warranty or other statement of made by Borrower in any certificate or written statement given furnished to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given furnished to Bank, when furnished contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in the such certificates or statements not misleading (misleading, it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not to be viewed as facts and that actual results during the period or periods covered by any such projections and forecasts may differ from the projected or forecasted results).

Appears in 2 contracts

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

Full Disclosure. No written representation, warranty or other statement of Borrower Maker in any certificate or written statement given to BankHolder, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to BankHolder, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank Holder that the projections and forecasts provided by Borrower Maker in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).

Appears in 2 contracts

Samples: Loan and Security Agreement (US Dry Cleaning Services Corp), Loan and Security Agreement (US Dry Cleaning Services Corp)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to BankLender, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to BankLender, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank Lender that the any projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the any projected or forecasted results).

Appears in 2 contracts

Samples: Mezzanine Loan and Security Agreement (Impinj Inc), Mezzanine Loan and Security Agreement (Impinj Inc)

Full Disclosure. No written representation, warranty or other written statement of Borrower Purchaser in any certificate or written statement given to BankCompany, as of the date such representation, warranty, or other written statement was made, taken together with all such written certificates and written statements given to BankCompany, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower Purchaser in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).

Appears in 2 contracts

Samples: Master XRP Commitment to Sell Agreement (InFinT Acquisition Corp), Sell Agreement (InFinT Acquisition Corp)

Full Disclosure. No material written representation, material warranty or other material statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).

Appears in 2 contracts

Samples: Loan and Security Agreement (Corium International, Inc.), Loan and Security Agreement (Corium International, Inc.)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given by Borrower to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).

Appears in 2 contracts

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

Full Disclosure. No written representation, warranty or other statement of Borrower any Credit Party in any certificate or written statement given to BankLender, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to BankLender, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank Lender that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).

Appears in 2 contracts

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

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized understood and agreed by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).

Appears in 2 contracts

Samples: Loan and Security Agreement (TerraVia Holdings, Inc.), Loan and Security Agreement (TerraVia Holdings, Inc.)

Full Disclosure. No written representation, warranty or other statement of made by Borrower in any certificate or written statement given furnished to Bank, as of the date such representation, warranty, or other statement was made, Bank taken together with all such written certificates and written statements given furnished to Bank, Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in the such certificates or statements not misleading (in light of the circumstances under which they were made, it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not to be viewed as facts and that actual results during the period or periods covered by any such projections and forecasts may differ from the projected or forecasted results).

Appears in 2 contracts

Samples: Loan and Security Agreement (Masergy Communications Inc), Loan and Security Agreement (TorreyPines Therapeutics, Inc.)

Full Disclosure. No written representation, warranty or other statement of made by Borrower in any Loan Document, certificate or written statement given furnished to Bank, as of the date such representation, warranty, Agent or other statement was madeany Lender, taken together with all such written certificates certificates, Loan Documents and written statements given to Bankstatements, contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in the such Loan Documents, certificates or statements not misleading (misleading, it being recognized by Bank Agent and Lenders that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not to be viewed as facts and that actual results during the period or periods covered by any such projections and forecasts may differ from the projected or forecasted results).

Appears in 2 contracts

Samples: Loan and Security Agreement (Tempo Automation Holdings, Inc.), Loan and Security Agreement (Urgent.ly Inc.)

Full Disclosure. No written representation, warranty or other statement of Borrower made by an Obligor in any certificate or written statement given furnished to Bank, as of the date such representation, warranty, or other statement was made, Bank taken together with all such written certificates and written statements given furnished to Bank, Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in the such certificates or statements not misleading (misleading, it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not to be viewed as facts and that actual results during the period or periods covered by any such projections and forecasts may differ from the projected or forecasted results).

Appears in 2 contracts

Samples: Loan and Security Agreement (Max International Inc), Loan and Security Agreement (Max International Inc)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank or Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank or Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).

Appears in 2 contracts

Samples: Loan and Security Agreement (Advanced BioHealing Inc), Loan and Security Agreement (Advanced BioHealing Inc)

Full Disclosure. No written representation, warranty or other statement of Borrower or Guarantor in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).

Appears in 2 contracts

Samples: Loan Agreement (Aquinox Pharmaceuticals (Usa) Inc), Loan Agreement (Aquinox Pharmaceuticals, Inc)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to BankBank in connection with this Agreement, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).

Appears in 2 contracts

Samples: Loan and Security Agreement (NxStage Medical, Inc.), Loan and Security Agreement (NxStage Medical, Inc.)

Full Disclosure. No written representation, warranty or other statement of made by Borrower in any certificate or written statement given furnished to Bank, as of the date such representation, warranty, or other statement was made, Bank taken together with all such written certificates and written statements given furnished to Bank, Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in the such certificates or statements not misleading (in light of the circumstances in which such statements were made, it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not to be viewed as facts and that actual results during the period or periods covered by any such projections and forecasts may differ from the projected or forecasted results).

Appears in 2 contracts

Samples: Loan and Security Agreement (Adicet Bio, Inc.), Loan and Security Agreement (resTORbio, Inc.)

Full Disclosure. No written representation, warranty or other statement of made by Borrower in any certificate or written statement given furnished to Bank, as of the date such representation, warranty, or other statement was made, Bank taken together with all such written certificates and written statements given furnished to Bank, Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in the such certificates or statements not materially misleading (in light of the circumstances in which they were made, it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not to be viewed as facts and that actual results during the period or periods covered by any such projections and forecasts may materially differ from the projected or forecasted results).

Appears in 2 contracts

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

Full Disclosure. No written representation, warranty or other statement of made by Borrower in any Loan Document, certificate or written statement given furnished to Bank, as of the date such representation, warranty, or other statement was madeany Agent or, taken together with all such written certificates certificates, Loan Documents and written statements given to Bankstatements, contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in the such Loan Documents, certificates or statements not misleading (misleading, it being recognized by Bank Agents and Lenders that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not to be viewed as facts and that actual results during the period or periods covered by any such projections and forecasts may differ from the projected or forecasted results).

Appears in 1 contract

Samples: Equipment Loan and Security Agreement (Beyond Meat, Inc.)

Full Disclosure. No written representation, warranty or other statement of Borrower Debtor in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the any projections and forecasts provided by Borrower Debtor in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).

Appears in 1 contract

Samples: Security Agreement (Alimera Sciences Inc)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).. 5.12

Appears in 1 contract

Samples: Loan and Security Agreement (Luna Innovations Inc)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such other written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted resultsresults and such differences could be material).

Appears in 1 contract

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

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).” and inserting in lieu thereof the following:

Appears in 1 contract

Samples: Joinder and Fourth Loan Modification Agreement (MTBC, Inc.)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to BankBank in connection with this Agreement, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).. 5.12

Appears in 1 contract

Samples: Loan and Security Agreement (Lojack Corp)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the written statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).

Appears in 1 contract

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

Full Disclosure. No written representation, warranty or other statement of made by Borrower in any certificate or written statement given furnished to Bank, as of the date such representation, warranty, warranty or other statement was made, taken together with all such written certificates and written statements given furnished to Bank, Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in the such certificates or statements not misleading (misleading, it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not to be viewed as facts and that actual results during the period or periods covered by any such projections projections, forecasts and forecasts forward-looking statements may differ from the projected or forecasted results).

Appears in 1 contract

Samples: Loan and Security Agreement (Cerus Corp)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, Bank (taken together with all such written certificates and written statements given to Bank, ) contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements statements, in light of the circumstances under which they were made, not misleading (it misleading. It being recognized by Bank that the projections and forecasts provided by Borrower have been prepared in good faith and are based upon reasonable assumptions and are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or and forecasted results).

Appears in 1 contract

Samples: Loan and Security Agreement (Cardiomems Inc)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, Bank to induce Bank to enter into this Agreement or other statement was made, pursuant to this Agreement (taken together with all such written certificates and written statements given to Bank, ) contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it misleading. It being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or and forecasted results).

Appears in 1 contract

Samples: Loan and Security Agreement (Atherogenics Inc)

Full Disclosure. No written representation, warranty or other Other statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).

Appears in 1 contract

Samples: Loan and Security Agreement (GPS Industries, Inc.)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, Bank (taken together with all such written writ ten certificates and written statements given to Bank, ) contains any untrue statement of a material fact or or, when taken as a whole, omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (in light of the circumstances in which they were made, with it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or and forecasted results).

Appears in 1 contract

Samples: Loan and Security Agreement (Vascular Solutions Inc)

Full Disclosure. No written representation, warranty or other statement of any Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by each Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).

Appears in 1 contract

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

Full Disclosure. No written representation, warranty or other statement of Borrower any Credit Party in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).

Appears in 1 contract

Samples: Loan and Security Agreement (Tenable Holdings, Inc.)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions at such time are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).

Appears in 1 contract

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

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, Bank taken together with all such written certificates and written statements given to Bank, Bank contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements statements, in light of the circumstances in which they were made, not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).

Appears in 1 contract

Samples: Loan and Security Agreement (Onesource Information Services Inc)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, Bank contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by when taken together with all such written certificates and written statements to Bank and Borrower’s filings with the Securities and Exchange Commission. Bank recognizes that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or and forecasted results).

Appears in 1 contract

Samples: Loan and Security Agreement (Sipex Corp)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts have been provided and prepared by Borrower in good faith and based upon reasonable assumptions and are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).

Appears in 1 contract

Samples: Loan and Security Agreement (Websidestory Inc)

Full Disclosure. No written representation, warranty or other statement of either Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower Borrowers in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).

Appears in 1 contract

Samples: Loan and Security Agreement (Relm Wireless Corp)

Full Disclosure. No written representation, warranty or other statement of Borrower Guarantor in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower Guarantor in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).

Appears in 1 contract

Samples: Security Agreement (Global Telecom & Technology, Inc.)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower were prepared in good faith and based upon reasonable assumptions at the time provided are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may materially differ from the projected or forecasted results).

Appears in 1 contract

Samples: Loan and Security Agreement (Millennial Media Inc.)

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Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to BankLender, as of the date such representationrepresentations, warrantywarranties, or other statement was statements were made, taken together with all such written certificates and written statements given to BankLender, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank Lender that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).

Appears in 1 contract

Samples: Joinder Agreement (Yodle Inc)

Full Disclosure. No written representation, warranty or other statement of made by any Borrower in any certificate or written statement given furnished to Bank, as of the date such representation, warranty, or other statement was made, Lender taken together with all such written certificates and written statements given furnished to Bank, Lender contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in the such certificates or statements not misleading (in light of the circumstances in which they were made, it being recognized by Bank Lender that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not to be viewed as facts and that actual results during the period or periods covered by any such projections and forecasts may differ from the projected or forecasted results).

Appears in 1 contract

Samples: Credit Agreement (Trupanion Inc.)

Full Disclosure. No As of the Closing Date, to Borrower's knowledge, no written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, Bank taken together with all such written certificates and written statements given to Bank, Bank contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).

Appears in 1 contract

Samples: Loan and Security Agreement (Nanosys Inc)

Full Disclosure. No written representation, warranty or other statement of made by Borrower in any certificate or written statement given furnished to Bank, as of the date such representation, warranty, or other statement was made, Bank taken together with all such written certificates and written statements given furnished to Bank, Bank contains any untrue statement of a material fact or or, together with the Company's Exchange Act Filings, omits to state a material fact necessary in order to make the statements contained in the such certificates or statements not misleading (misleading, it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not to be viewed as facts and that actual results during the period or periods covered by any such projections and forecasts may differ from the projected or forecasted results).

Appears in 1 contract

Samples: Loan and Security Agreement (Cas Medical Systems Inc)

Full Disclosure. No written representation, warranty or other statement of Borrower any Obligor in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized recognised by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).

Appears in 1 contract

Samples: Loan Agreement (Affimed N.V.)

Full Disclosure. No written representation, warranty or other statement of made by Borrower in any certificate or written statement given furnished to Bank, as of the date such representation, warranty, or other statement was made, any Lender taken together with all such written certificates and written statements given furnished to Bank, any Lender contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in the such certificates or statements not misleading (misleading, it being recognized by Bank Lenders that the projections and forecasts have been provided by Borrower in good faith and based upon reasonable assumptions assumptions, are not to be viewed as facts and that actual results during the period or periods covered by any such projections and forecasts may differ from the projected or forecasted results).

Appears in 1 contract

Samples: Loan and Security Agreement (CareView Communications Inc)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, Bank (taken together with all such written certificates and written statements given to Bank, Bank and Borrower's filings with the Securities & Exchange Commission) contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it misleading. It being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or and forecasted results).

Appears in 1 contract

Samples: Loan and Security Agreement (Quicklogic Corporation)

Full Disclosure. No written representation, warranty or other statement of made by Borrower in any certificate or written statement given furnished to Bank, as of the date such representation, warranty, or other statement was made, Bank taken together with all such written certificates and written statements given furnished to Bank, Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in the such certificates or statements not misleading (misleading, it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions at the time such projections and forecasts are provided are not to be viewed as facts and that actual results during the period or periods covered by any such projections and forecasts may differ from the projected or forecasted results).

Appears in 1 contract

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

Full Disclosure. No written representation, warranty or other statement of made by Borrower in any certificate or written statement given furnished to Bank, as of the date such representation, warranty, or other statement was madeLender, taken together with all such written certificates and written statements given furnished to BankLender, contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in the such certificates or statements not misleading (misleading, it being recognized by Bank Lender that the projections and forecasts provided by Borrower will be prepared in good faith and based upon reasonable appropriate business and industry assumptions but are not to be viewed as facts and that actual results during the period or periods covered by any such projections and forecasts may differ from the projected or forecasted results).

Appears in 1 contract

Samples: Loan and Security Agreement (Vystar Corp)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ materially from the projected or forecasted results).

Appears in 1 contract

Samples: Loan and Security Agreement (Mercury Computer Systems Inc)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to BankAgent, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to BankAgent, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank Agent that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).

Appears in 1 contract

Samples: Subordinated Loan and Security Agreement (Apptio Inc)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representationrepresentations, warrantywarranties, or other statement was statements were made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).. 6

Appears in 1 contract

Samples: Loan and Security Agreement (Voxware Inc)

Full Disclosure. No written representation, warranty or other statement of made by a Borrower in any certificate or written statement given furnished to Bank, as of the date such representation, warranty, or other statement was made, Lender taken together with all such written certificates and written statements given furnished to Bank, Lender contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in the such certificates or statements not misleading (in light of the circumstances in which they were made, it being recognized by Bank Lender that the projections and forecasts provided by Borrower Borrowers in good faith and based upon reasonable assumptions are not to be viewed as facts and that actual results during the period or periods covered by any such projections and forecasts may differ from the projected or forecasted results).

Appears in 1 contract

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

Full Disclosure. No As of the Effective Date, no written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).

Appears in 1 contract

Samples: Loan and Security Agreement (Agenus Inc)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, Bank (taken together with all such written certificates and written statements given to Bank, ) contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (in light of the circumstances in which such statements were made, with it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or and forecasted results).

Appears in 1 contract

Samples: Loan Agreement (Ats Medical Inc)

Full Disclosure. No written representation, warranty or other statement of made by Borrower in any certificate or written statement given furnished to Bank, as of the date such representation, warranty, or other statement was made, Lender taken together with all such written certificates and written statements given furnished to Bank, Lender contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in the such certificates or statements not misleading (in light of the circumstances in which they were made, it being recognized by Bank Lender that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not to be viewed as facts and that actual results during the period or periods covered by any such projections and forecasts may differ from the projected or forecasted results).

Appears in 1 contract

Samples: Master Security Agreement

Full Disclosure. No written representation, warranty or other statement of Co-Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates ce1tificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Co-Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).

Appears in 1 contract

Samples: Loan and Security Agreement (Augme Technologies, Inc.)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).

Appears in 1 contract

Samples: Loan and Security Agreement (Alphatec Holdings, Inc.)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements BN 22796152v7 not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ materially from the projected or forecasted results).

Appears in 1 contract

Samples: Loan and Security Agreement (A10 Networks, Inc.)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement (other than projections and forecasts) given to Bank, as of the date such representation, warranty, or other statement was made, Bank (taken together with all such written certificates and written statements given to Bank, ) contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the misleading. All projections and forecasts provided by Borrower were prepared in good faith and are based upon reasonable assumptions assumptions. Bank acknowledges that projections and forecasts are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or and forecasted results).

Appears in 1 contract

Samples: Loan and Security Agreement (Concurrent Computer Corp/De)

Full Disclosure. No written representation, warranty or other written statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).

Appears in 1 contract

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

Full Disclosure. No written representation, warranty or other statement of Borrower any Loan Party in any certificate or written statement given to Bankthe Lender, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bankthe Lender, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower the Loan Parties in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).

Appears in 1 contract

Samples: Loan and Security Agreement (Learn SPAC HoldCo, Inc.)

Full Disclosure. No written representation, warranty or other statement of made by Borrower in any certificate or written statement given furnished to Bank, as of the date such representation, warranty, or other statement was made, Bank taken together with all such written certificates and written statements given furnished to Bank, Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in the such certificates or statements not misleading (in light of the circumstances in which they were made; it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not to be viewed as facts and that actual results during the period or periods covered by any such projections and forecasts may differ from the projected or forecasted results).. PogoTec, Inc. – Loan Agreement 7

Appears in 1 contract

Samples: Loan Agreement (PogoTec, Inc.)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bankany Lender, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to BankLenders, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank Lenders that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).

Appears in 1 contract

Samples: Loan and Security Agreement (EnteroMedics Inc)

Full Disclosure. No written representation, warranty or other statement of made by Borrower in any certificate or written statement given furnished to Bank, as of Bank in connection with the date such representation, warranty, or other statement was madetransactions contemplated by the Loan Documents, taken together with all such written certificates and written statements given furnished to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in the such certificates or statements not misleading (misleading, it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not to be viewed as facts and that actual results during the period or periods covered by any such projections and forecasts may differ from the projected or forecasted results).

Appears in 1 contract

Samples: Loan and Security Agreement (Nuvasive Inc)

Full Disclosure. No written representation, warranty or other statement of made by Borrower in any certificate or written statement given furnished to Bank, as of the date such representation, warranty, or other statement was made, Bank taken together with all such written certificates and written statements given furnished to Bank, Bank contains any untrue statement of a material fact or or, together with the Company’s Exchange Act Filings, omits to state a material fact necessary in order to make the statements contained in the such certificates or statements not misleading (misleading, it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not to be viewed as facts and that actual results during the period or periods covered by any such projections and forecasts may differ from the projected or forecasted results).

Appears in 1 contract

Samples: Loan and Security Agreement (Cas Medical Systems Inc)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading when made (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).

Appears in 1 contract

Samples: Loan and Security Agreement (XOMA Corp)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, Bank (taken together with all such written certificates and written statements given to Bank, ) contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (in light of the circumstances in which they were made, it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or and forecasted results).

Appears in 1 contract

Samples: Loan and Security Agreement (Critical Path Inc)

Full Disclosure. No written representation, warranty or other statement of Borrower Borrowers in any certificate or written statement given to Bank, as of the date such representationrepresentations, warrantywarranties, or other statement was statements were made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower Borrowers in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).

Appears in 1 contract

Samples: Loan and Security Agreement (Healthaxis Inc)

Full Disclosure. No written representation, warranty or other statement of any Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower Borrowers in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).

Appears in 1 contract

Samples: Loan and Security Agreement (MRV Communications Inc)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to BankLender, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to BankLender, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not materially misleading (it being recognized by Bank Lender that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).

Appears in 1 contract

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

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given instrument delivered to Bank, as of the date such representationrepresentations, warrantywarranties, or other statement was statements were made, taken together with all such written certificates and written statements instruments given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements instruments not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).

Appears in 1 contract

Samples: Loan and Security Agreement (Netezza Corp)

Full Disclosure. No written representation, warranty or other statement of either Borrower in any certificate or written statement given to Bank, as of the date such representationrepresentations, warrantywarranties, or other statement was statements were made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower Borrowers in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).

Appears in 1 contract

Samples: Loan and Security Agreement (BigBand Networks, Inc.)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, Bank (taken together with all such written certificates and written statements given to Bank) in connection with, or in contemplation of entering into, this Agreement and related documents, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (misleading, with it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or and forecasted results).

Appears in 1 contract

Samples: Loan and Security Agreement (Raining Data Corp)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not materially misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).

Appears in 1 contract

Samples: Loan and Security Agreement (Ulthera Inc)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ in any material respect from the projected or forecasted results).

Appears in 1 contract

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

Full Disclosure. No written representation, warranty or other statement of either Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given by either Borrower to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower Borrowers in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).

Appears in 1 contract

Samples: Loan and Security Agreement (Harmonic Inc)

Full Disclosure. No written representation, warranty or other statement made by Borrower or by any of Borrower the other Credit Parties in any certificate or written statement given to Bank, as of the date such representation, warranty, Loan Documents or in any certificates or other statement was made, taken together with all such written certificates and written statements given furnished to Bank, Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in any of the Loan Documents or in any such certificates or statements not materially misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not to be viewed as facts and that actual results during the period or periods covered by any such projections and forecasts may differ from the projected or forecasted results, and it being understood that forecasts and projections by their nature involve approximations and uncertainties).

Appears in 1 contract

Samples: Loan and Security Agreement (NightHawk Radiology Holdings Inc)

Full Disclosure. No written representation, warranty or other statement of made by Borrower in any Loan Document, certificate or written statement given furnished to BankLender, as of the date such representation, warranty, or other statement was made, made and taken together with all such written certificates and written statements given to BankLender, contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in the such certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).

Appears in 1 contract

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

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