Common use of Insolvency Clause in Contracts

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty (30) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 131 contracts

Samples: Loan and Security Agreement (TorreyPines Therapeutics, Inc.), Loan and Security Agreement (Backblaze, Inc.), Loan and Security Agreement (Singulex Inc)

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Insolvency. If Borrower becomes insolvent, insolvent or if Borrower begins an Insolvency Proceeding or an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced begun against Borrower and is not dismissed or stayed within thirty (30) 30 days (provided that but no Credit Extensions will be made prior to the dismissal of such before any Insolvency ProceedingProceeding is dismissed);

Appears in 113 contracts

Samples: Loan and Security Agreement (Saba Software Inc), Loan and Security Agreement (Smart Move, Inc.), Loan and Security Agreement (Optio Software Inc)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty (30) 45 days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 61 contracts

Samples: Loan and Security Agreement (Evelo Biosciences, Inc.), Loan and Security Agreement (Opentable Inc), Loan and Security Agreement (Active Network Inc)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty (30) 30 days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 42 contracts

Samples: Loan and Security Agreement (Clearone Communications Inc), Loan and Security Agreement (Applied Optoelectronics, Inc.), Loan and Security Agreement (Applied Optoelectronics, Inc.)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty (30) 30 days (provided that no Credit Extensions Advances will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 35 contracts

Samples: Loan and Security Agreement (Centra Software Inc), Loan and Security Agreement (Concord Communications Inc), Loan and Security Agreement (Digirad Corp)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty forty-five (3045) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 31 contracts

Samples: Loan and Security Agreement (Maxwell Technologies Inc), Loan and Security Agreement (Complete Genomics Inc), Loan and Security Modification Agreement (EverQuote, Inc.)

Insolvency. If Borrower becomes insolvent, insolvent or if Borrower begins an Insolvency Proceeding or an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced begun against Borrower and is not dismissed or stayed within thirty (30) 45 days (provided that but no Credit Extensions will be made prior to the dismissal of such before any Insolvency ProceedingProceeding is dismissed);

Appears in 22 contracts

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

Insolvency. If a Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by a Borrower, or if an Insolvency Proceeding is commenced against a Borrower and is not dismissed or stayed within thirty (30) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 18 contracts

Samples: Loan and Security Agreement (Pac-West Telecomm Inc), Loan and Security Agreement (Lyris, Inc.), Loan and Security Agreement (Concur Technologies Inc)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty (30) days (provided that no Credit Extensions Advances will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 18 contracts

Samples: Loan and Security Agreement (E Loan Inc), Loan and Security Agreement (Mission Critical Software Inc), Loan Agreement (Advanced Technology Materials Inc /De/)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty forty five (3045) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 16 contracts

Samples: Loan and Security Agreement (Berkeley Lights, Inc.), Loan and Security Agreement (Berkeley Lights, Inc.), Loan and Security Agreement (Tripath Technology Inc)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty ten (3010) days (provided that no Credit Extensions Advances will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 14 contracts

Samples: Loan and Security Agreement (Visioneer Inc), Loan and Security Agreement (Qualmark Corp), Loan and Security Agreement (Ag Associates Inc)

Insolvency. If Borrower becomes insolvent, insolvent or if Borrower begins an Insolvency Proceeding or an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced begun against Borrower and is not dismissed or stayed within thirty (30) 30 days (provided that but no Credit Extensions Advances will be made prior to the dismissal of such before any Insolvency ProceedingProceeding is dismissed);

Appears in 14 contracts

Samples: Loan and Security Agreement (Legato Systems Inc), Loan Agreement (Continuus Software Corp /Ca), Loan and Security Agreement (Taser International Inc)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty (30) days (provided that no Credit Extensions will be required to be made prior to the dismissal of such Insolvency Proceeding);.

Appears in 11 contracts

Samples: Loan and Security Agreement (Portfolio Recovery Associates Inc), Loan and Security Agreement (Cea Acquisition Corp), Loan and Security Agreement (Unilens Vision Inc)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty sixty (3060) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 10 contracts

Samples: Loan and Security Agreement (Procera Networks Inc), Loan and Security Agreement (Optex Systems Holdings Inc), Loan and Security Agreement (Focus Enhancements Inc)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty (30) 30 days (provided that no Credit Extensions Loans will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 9 contracts

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

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty (30) 60 days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 8 contracts

Samples: Loan and Security Agreement (Biolase Technology Inc), Disbursement Instructions (Vastera Inc), Loan and Security Agreement (Citadel Security Software Inc)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty (30) 45 days (provided that no Credit Extensions Advances will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 8 contracts

Samples: Loan and Security Agreement (Intervisual Books Inc /Ca), Loan and Security Agreement (T/R Systems Inc), Loan and Security Agreement (Zindart LTD)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty ten (3010) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 8 contracts

Samples: Loan and Security Agreement (Rf Micro Devices Inc), Loan and Security Agreement (Calico Commerce Inc/), Loan and Security Agreement (Bsquare Corp /Wa)

Insolvency. If Borrower becomes insolvent, insolvent or if Borrower begins an Insolvency Proceeding or an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced begun against Borrower and is not dismissed or stayed within thirty (30) days (provided that but no Credit Extensions will be made prior to the dismissal of such before any Insolvency ProceedingProceeding is dismissed);

Appears in 7 contracts

Samples: Loan and Security Agreement (Sirf Technology Holdings Inc), Loan and Security Agreement (Redback Networks Inc), Loan Modification Agreement (Sirf Technology Holdings Inc)

Insolvency. If a Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by a Borrower, or if an Insolvency Proceeding is commenced against a Borrower and is not dismissed or stayed within thirty forty-five (3045) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 7 contracts

Samples: Loan and Security Agreement (LDR Holding Corp), Loan and Security Agreement (Vitalstream Holdings Inc), Loan and Security Agreement (CareView Communications Inc)

Insolvency. If Borrower and/or its Subsidiaries becomes insolvent, or if an Insolvency Proceeding is commenced by BorrowerBorrower and/or its Subsidiaries, or if an Insolvency Proceeding is commenced against Borrower and/or its Subsidiaries and is not dismissed or stayed within thirty (30) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 6 contracts

Samples: Loan and Security Agreement (Roka BioScience, Inc.), Loan and Security Agreement (Augmedix, Inc.), Loan and Security Agreement (Roka BioScience, Inc.)

Insolvency. If a Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by a Borrower, or if an Insolvency Proceeding is commenced against any Borrower and is not dismissed or stayed within thirty (30) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 6 contracts

Samples: Loan and Security Agreement (Telkonet Inc), Loan and Security Agreement (IBEX LTD), Loan and Security Agreement (IBEX Holdings LTD)

Insolvency. If Borrower becomes insolvent, or if an Insolvency ---------- Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty (30) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 6 contracts

Samples: Loan and Security Agreement (Logicvision Inc), Loan Agreement (Logicvision Inc), Loan and Security Agreement (Loudeye Technologies Inc)

Insolvency. If any Borrower becomes insolvent, insolvent or if any Borrower begins an Insolvency Proceeding or an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced begun against any Borrower and is not dismissed or stayed within thirty (30) 30 days (provided that but no Credit Extensions will be made prior to the dismissal of such before any Insolvency ProceedingProceeding is dismissed);

Appears in 6 contracts

Samples: Loan and Security Agreement (Visual Networks Inc), Loan and Security Agreement (Immunicon Corp), Loan and Security Agreement (Visual Networks Inc)

Insolvency. If Borrower becomes insolvent, or if an Insolvency ---------- Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty (30) 30 days (provided that no Credit Extensions Advances will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 5 contracts

Samples: Loan and Security Agreement (C-Bridge Internet Solutions Inc), Loan and Security Agreement (Silicon Gaming Inc), Loan and Security Agreement (Natural Microsystems Corp)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty (30) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding)days;

Appears in 5 contracts

Samples: Assignment and Assumption Agreement (Vuzix Corp), Loan and Security Agreement (Rocky Mountain Chocolate Factory Inc), Loan and Security Agreement (Vuzix Corp)

Insolvency. If Borrower becomes insolvent, or if an Insolvency ---------- Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty (30) days (provided that no Credit Extensions Advances will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 5 contracts

Samples: Loan and Security Agreement (Inktomi Corp), Loan and Security Agreement (Inktomi Corp), Loan and Security Agreement (Verisity LTD)

Insolvency. If Borrower becomes insolvent, insolvent or if Borrower begins an Insolvency Proceeding or an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced begun against Borrower and is not dismissed or stayed within thirty (30) 45 days (provided that but no Credit Extensions Advances will be made prior to the dismissal of such before any Insolvency ProceedingProceeding is dismissed);

Appears in 5 contracts

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

Insolvency. If Borrower becomes insolventfails to pay its debts generally as they mature, or if Borrower begins an Insolvency Proceeding, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced begun against Borrower and is not dismissed or stayed within thirty (30) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding)30 days;

Appears in 5 contracts

Samples: Loan and Security Agreement (Egain Communications Corp), Loan and Security Agreement (North American Scientific Inc), Loan and Security Agreement (Volcano CORP)

Insolvency. If Borrower becomes insolvent, insolvent or if Borrower begins an Insolvency Proceeding or an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced begun against Borrower and is not dismissed or stayed within thirty (30) 30 days (provided that but no Credit Extensions will be made prior to the dismissal of such before any Insolvency ProceedingProceeding is dismissed);.

Appears in 5 contracts

Samples: Loan and Security Agreement (Omnicell Inc /Ca/), Loan and Security Agreement (Talarian Corp), Loan and Security Agreement (Egroups Inc)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or any of its Subsidiaries, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty (30) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 5 contracts

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

Insolvency. If Borrower becomes insolventunable to pay its debts (including trade debts) as the come due, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty (30) 60 days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 4 contracts

Samples: Loan and Security Agreement (NTN Buzztime Inc), Loan and Security Agreement (NTN Buzztime Inc), Loan and Security Agreement (NTN Buzztime Inc)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against a Borrower and is not dismissed or stayed within thirty (30) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 4 contracts

Samples: Loan and Security Agreement (Digital Power Corp), Loan and Security Agreement (DPW Holdings, Inc.), Loan and Security Agreement (Digital Power Corp)

Insolvency. If any Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by any Borrower, or if an Insolvency Proceeding is commenced against any Borrower and is not dismissed or stayed within thirty (30) days (provided that no Credit Extensions Advances will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 4 contracts

Samples: Loan and Security Agreement (Taiwan Liposome Company, Ltd.), Loan and Security Agreement (Taiwan Liposome Company, Ltd.), Loan and Security Agreement (Taiwan Liposome Company, Ltd.)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty (30) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);.

Appears in 4 contracts

Samples: Loan and Security Agreement (MR2 Group, Inc.), Loan and Security Agreement (MR2 Group, Inc.), Loan and Security Agreement (Cytosorbents Corp)

Insolvency. If Borrower becomes insolvent, insolvent or if Borrower begins an Insolvency Proceeding or an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced begun against Borrower and is not dismissed or stayed within thirty (30) 60 days (provided that but no Credit Extensions will be made prior to the dismissal of such before any Insolvency ProceedingProceeding is dismissed);

Appears in 4 contracts

Samples: Loan and Security Agreement (Kosan Biosciences Inc), Loan and Security Agreement (Networth Technologies, Inc.), Loan and Security Agreement (Stentor Inc)

Insolvency. If a Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by a Borrower, or if an Insolvency Proceeding is commenced against a Borrower and is not dismissed or stayed within thirty forty five (3045) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);.

Appears in 4 contracts

Samples: Loan and Security Agreement (Tabula Rasa HealthCare, Inc.), Loan and Security Agreement (Tabula Rasa HealthCare, Inc.), Loan and Security Agreement (Tabula Rasa HealthCare, Inc.)

Insolvency. If Borrower becomes insolventis unable to pay its debts (including trade debts) as they become due, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty forty five (3045) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 4 contracts

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

Insolvency. If Borrower becomes insolvent, or if an Insolvency ---------- Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty ten (3010) days (provided that no Credit Extensions Advances will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 4 contracts

Samples: Loan Modification Agreement (Quicklogic Corporation), Loan and Security Agreement (Jetfax Inc), Loan and Security Agreement (Jetfax Inc)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty sixty (3060) days (provided that no Credit Extensions Advances will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 4 contracts

Samples: Loan and Security Agreement (Mercadolibre Inc), Loan and Security Agreement (Verity Inc \De\), Loan and Security Agreement (Verity Inc \De\)

Insolvency. If Borrower and/or its Subsidiaries becomes insolvent, or if an Insolvency Proceeding is commenced by BorrowerBorrower and/or its Subsidiaries, or if an Insolvency Proceeding is commenced against Borrower and/or its Subsidiaries and is not dismissed or stayed within thirty forty-five (3045) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 4 contracts

Samples: Loan and Security Agreement (CS Disco, Inc.), Loan and Security Agreement (CS Disco, Inc.), Loan and Security Agreement (Seres Health, Inc.)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty twenty (3020) days (provided that no Credit Extensions Advances will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 4 contracts

Samples: Loan and Security Agreement (Viant Corp), Loan and Security Agreement (Heartport Inc), Loan and Security Agreement (Heartport Inc)

Insolvency. If any Borrower becomes insolvent, insolvent or if any Borrower begins an Insolvency Proceeding or an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced begun against any Borrower and is not dismissed or stayed within thirty forty-five (3045) days (provided that but no Credit Extensions will be made prior to the dismissal of such before any Insolvency ProceedingProceeding is dismissed);

Appears in 4 contracts

Samples: Loan and Security Agreement (Manugistics Group Inc), Loan and Security Agreement (Manugistics Group Inc), Loan and Security Agreement (Manugistics Group Inc)

Insolvency. If Borrower or any Subsidiary of Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower or any Subsidiary of Borrower, or if an Insolvency Proceeding is commenced against Borrower or any Subsidiary of Borrower and is not dismissed or stayed within thirty (30) 30 days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 3 contracts

Samples: Loan and Security Agreement (Rainmaker Systems Inc), Loan and Security Agreement (Bellicum Pharmaceuticals, Inc), Loan and Security Agreement (Bellicum Pharmaceuticals, Inc)

Insolvency. If Borrower becomes insolvent, insolvent or if Borrower begins an Insolvency Proceeding or an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced begun against Borrower and is not dismissed or stayed within thirty (30) 60 days (provided that but no Credit Extensions Advances will be made prior to the dismissal of such before any Insolvency ProceedingProceeding is dismissed);

Appears in 3 contracts

Samples: Loan Agreement (Cypress Semiconductor Corp /De/), Loan and Security Agreement (Clarent Corp/Ca), Loan and Security Agreement (Cypress Semiconductor Corp /De/)

Insolvency. If a Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by a Borrower, or if an Insolvency Proceeding is commenced against a Borrower and is not dismissed or stayed within thirty (30) 30 days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 3 contracts

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

Insolvency. If Borrower becomes insolvent, or if an Insolvency ---------- Proceeding is commenced by Borrower, or if an Insolvency insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty (30) days (provided that no Credit Extensions Advance will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 3 contracts

Samples: Loan and Security Agreement (Crossworlds Software Inc), Loan and Security Agreement (Crossworlds Software Inc), Loan and Security Agreement (Crossworlds Software Inc)

Insolvency. If Borrower becomes insolvent, or if an ---------- Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty (30) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding)days;

Appears in 3 contracts

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

Insolvency. If Borrower becomes insolventinsolvent or begins an Insolvency Proceeding, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced begun against Borrower and is not dismissed or stayed within thirty (30) 30 days (provided that but Bank shall have no obligation to make a Credit Extensions will be made prior to the dismissal of such Extension before any Insolvency ProceedingProceeding is dismissed);.

Appears in 3 contracts

Samples: Loan and Security Agreement (Broadvision Inc), Loan and Security Agreement (Exelixis Inc), Loan and Security Agreement (Critical Path Inc)

Insolvency. If Borrower or any Subsidiary becomes insolvent, or if an Insolvency Proceeding is commenced by BorrowerBorrower or any Subsidiary, or if an Insolvency Proceeding is commenced against Borrower or any Subsidiary and is not dismissed or stayed within thirty (30) 30 days (provided that no Credit Extensions Advances will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 3 contracts

Samples: Loan and Security Agreement (Hie Inc), Loan and Security Agreement (Hie Inc), Loan and Security Agreement (Firstwave Technologies Inc)

Insolvency. If a Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against a Borrower and is not dismissed or stayed within thirty (30) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 2 contracts

Samples: Loan and Security Agreement (Vaughan Foods, Inc.), Loan and Security Agreement (GigOptix, Inc.)

Insolvency. If any Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by any Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty (30) 30 days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 2 contracts

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

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty (30) days (provided that no Credit Extensions Advance will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 2 contracts

Samples: Loan and Security Agreement (Cygnus Inc /De/), Loan and Security Agreement (Cardiac Pathways Corp)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty ten (3010) days (provided that no Credit Extensions Advances will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 2 contracts

Samples: Loan and Security Agreement (Physicians Insurance Co of Ohio), Loan and Security Agreement (Pc Quote Inc)

Insolvency. If any Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by any Borrower, or if an Insolvency Proceeding is commenced against any Borrower and is not dismissed or stayed within thirty (30) 30 days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 2 contracts

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

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty forty-five (3045) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);.

Appears in 2 contracts

Samples: Senior Subordinated Loan and Security Agreement (Objectspace Inc), Senior Subordinated Loan and Security Agreement (Objectspace Inc)

Insolvency. If Borrower becomes insolvent, insolvent or if Borrower begins an insolvency Proceeding or an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced begun against Borrower and is not dismissed or stayed within thirty (30) 30 days (provided that but no Credit Extensions will be made prior to the dismissal of such before any Insolvency ProceedingProceeding is dismissed);

Appears in 2 contracts

Samples: Loan and Security Agreement (Sonoma Systems), Loan and Security Agreement (Webridge Inc)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty forty-five (3045) days (provided that no Credit Extensions will be required to be made prior to the dismissal of such Insolvency Proceeding);.

Appears in 2 contracts

Samples: Loan and Security Agreement (Adam Inc), Loan and Security Agreement (Verilink Corp)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty forty five (3045) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);.

Appears in 2 contracts

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

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty sixty (3060) days (provided that no Credit Extensions will be required to be made prior to the dismissal of such Insolvency Proceeding);.

Appears in 2 contracts

Samples: Loan and Security Agreement (Salix Pharmaceuticals LTD), Bank     Loan and Security Agreement (API Technologies Corp.)

Insolvency. If Borrower becomes insolventis no longer Solvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty (30) days (provided that no Credit Extensions Advances will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 2 contracts

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

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Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty (30) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding)45 days;

Appears in 2 contracts

Samples: Loan and Security Agreement (Omega Therapeutics, Inc.), Loan and Security Agreement (Comps Com Inc)

Insolvency. If the Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by the Borrower, or if an Insolvency Proceeding is commenced against the Borrower and is not dismissed or stayed within thirty forty-five (3045) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);.

Appears in 2 contracts

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

Insolvency. If Borrower becomes Borrowers, taken as a whole, become insolvent, or if an Insolvency Proceeding is commenced by a Borrower, or if an Insolvency Proceeding is commenced against a Borrower and is not dismissed or stayed within thirty forty five (3045) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 2 contracts

Samples: Loan and Security Agreement (Nextg Networks Inc), Loan and Security Agreement (Aviza Technology, Inc.)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty (30) days Business Days (provided that no Credit Extensions Loans will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 2 contracts

Samples: Loan and Security Agreement (Imageware Systems Inc), Loan and Security Agreement (Imageware Systems Inc)

Insolvency. If Borrower becomes insolvent, insolvent or if Borrower begins an Insolvency Proceeding or an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced begun against Borrower and is not dismissed or stayed within thirty (30) 30 days (provided that but no Credit Extensions will be made prior to the dismissal of such Insolvency Proceedingbefore any insolvency Proceeding is dismissed);

Appears in 2 contracts

Samples: Loan and Security Agreement (Kintera Inc), Loan and Security Agreement (Introbiotics Phamaceuticals Inc)

Insolvency. If Borrower becomes insolvent, or if an ---------- Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty ten (3010) days (provided that no Credit Extensions Advances will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 2 contracts

Samples: Loan and Security Agreement (Onsale Inc), Loan and Security Agreement (Thermatrix Inc)

Insolvency. If a Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by a Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty (30) 60 days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 2 contracts

Samples: Loan and Security Agreement (Asante Solutions, Inc.), Loan and Security Agreement (Asante Solutions, Inc.)

Insolvency. If a Borrower becomes insolventis unable to pay its debts (including trade debts) as they become due, or if an Insolvency Proceeding is commenced by a Borrower, or if an Insolvency Proceeding is commenced against a Borrower and is not dismissed or stayed within thirty (30) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);.

Appears in 2 contracts

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

Insolvency. If Borrower or a Subsidiary of Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower or a Subsidiary of Borrower, or if an Insolvency Proceeding is commenced against Borrower or a Subsidiary of Borrower and is not dismissed or stayed within thirty (30) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 2 contracts

Samples: Loan and Security Agreement (Upland Software, Inc.), Loan and Security Agreement (Upland Software, Inc.)

Insolvency. If any Borrower or a Subsidiary of any Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by any Borrower or a Subsidiary of any Borrower, or if an Insolvency Proceeding is commenced against any Borrower or a Subsidiary of any Borrower and is not dismissed or stayed within thirty (30) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 2 contracts

Samples: Loan and Security Agreement (Upland Software, Inc.), Loan and Security Agreement (Upland Software, Inc.)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty sixty (3060) days (provided that no Bank shall not be required to make any Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 2 contracts

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

Insolvency. If Borrower becomes insolventinsolvent (as described in Section 5.9), or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty forty-five (3045) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 2 contracts

Samples: Loan and Security Agreement (Silk Road Medical Inc), Loan and Security Agreement (Silk Road Medical Inc)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, Borrower or if an Insolvency Proceeding is commenced against Borrower (in either case, an "Insolvency Default") and such Insolvency Proceeding commenced against Borrower is not dismissed or stayed within thirty forty-five (3045) days (provided that no Advances or Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);.

Appears in 2 contracts

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

Insolvency. If Borrower becomes insolvent, or if an Insolvency ---------- Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty (30) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding)days;

Appears in 2 contracts

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

Insolvency. If Borrower an Obligor becomes insolvent, or if an Insolvency Proceeding is commenced by Borroweran Obligor, or if an Insolvency Proceeding is commenced against Borrower an Obligor and is not dismissed or stayed within thirty (30) 30 days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);.

Appears in 2 contracts

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

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty ten (3010) days (provided that no Credit Extensions Advance will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 2 contracts

Samples: Loan and Security Agreement (Graphix Zone Inc/De), Loan and Security Agreement (Photon Dynamics Inc)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty sixty (3060) days (days; provided that no Bank shall not be required to make any Advances or issue any Letters of Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 2 contracts

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

Insolvency. If Borrower becomes is insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty forty-five (3045) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 2 contracts

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

Insolvency. If a Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by a Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty (30) 45 days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 2 contracts

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

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty ten (3010) days Business Days (provided that no Credit Extensions Advances will be made prior to the dismissal of such Insolvency Proceeding);.

Appears in 2 contracts

Samples: Loan Agreement (Stanford Microdevices Inc), Revolving Credit and Term (Motorvac Technologies Inc)

Insolvency. If Borrower becomes insolvent, insolvent or if Borrower begins an Insolvency Proceeding or an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced begun against Borrower and is not dismissed or stayed within thirty (30) days (provided that but no Credit Extensions will be made prior to the dismissal of such before any Insolvency ProceedingProceeding is dismissed);

Appears in 2 contracts

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

Insolvency. If Borrower becomes insolventunable to pay its debts (including trade debts) as the come due, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty sixty (3060) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 2 contracts

Samples: Loan and Security Agreement (NTN Buzztime Inc), Loan and Security Agreement (NTN Buzztime Inc)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty (30) 45 days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 2 contracts

Samples: Loan and Security Agreement (Nanometrics Inc), Subordinated Term Loan and Security Agreement (Sonim Technologies Inc)

Insolvency. If either Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by either Borrower, or if an Insolvency Proceeding is commenced against either Borrower and is not dismissed or stayed within thirty (30) 45 days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 2 contracts

Samples: Loan and Security Agreement (Proteinsimple), Loan and Security Agreement (Pfsweb Inc)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrowerthe Borrower and/or any of its Subsidiaries, or if an Insolvency Proceeding is commenced against the Borrower and/or any of its Subsidiaries and is not dismissed or stayed within thirty (30) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);.

Appears in 2 contracts

Samples: Credit Agreement (Aly Energy Services, Inc.), Credit Agreement (Aly Energy Services, Inc.)

Insolvency. If Borrower becomes insolvent, is not solvent or if Borrower begins an Insolvency Proceeding or an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced begun against Borrower and is not dismissed or stayed within thirty (30) 60 days (provided that but no Credit Extensions Advance will be made prior to the dismissal of such before any Insolvency ProceedingProceeding is dismissed);

Appears in 2 contracts

Samples: Term Loan and Security Agreement (Hamilton Lane INC), Term Loan and Security Agreement (Hamilton Lane INC)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty ten (3010) days (provided that no Credit Extensions Advances will be made prior to the dismissal of such Insolvency Proceeding);; 8.6

Appears in 2 contracts

Samples: Loan and Security Agreement (Consilium Inc), Loan and Security, Agreement (Jetfax Inc)

Insolvency. If the Borrower becomes is adjudicated insolvent, or if an Insolvency Proceeding is commenced by the Borrower, or if an Insolvency Proceeding is commenced against the Borrower and is not dismissed or stayed within thirty sixty (3060) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);days; or

Appears in 2 contracts

Samples: Adit EdTech Acquisition Corp., GRIID Infrastructure Inc.

Insolvency. If Borrower becomes insolventInsolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty (30) 60 days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 2 contracts

Samples: Loan and Security Agreement (Marinus Pharmaceuticals Inc), Loan and Security Agreement (Marinus Pharmaceuticals Inc)

Insolvency. If a Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by a Borrower, or if an Insolvency Proceeding is commenced against a Borrower and is not dismissed or stayed within thirty (30) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding)45 days;

Appears in 2 contracts

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

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty twenty (3020) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 2 contracts

Samples: Loan and Security Agreement (Pharmchem Laboratories Inc), Loan and Security Agreement (Pharmchem Inc)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty forty-five (3045) days (provided that no Credit Extensions Advances will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 2 contracts

Samples: Loan and Security Agreement (Calypte Biomedical Corp), Loan and Security Agreement (Connetics Corp)

Insolvency. If Borrower becomes insolvent, Insolvent or if Borrower begins an Insolvency Proceeding or an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced begun against Borrower and is not dismissed or stayed within thirty (30) 30 days (provided that but no Credit Extensions will be made prior to the dismissal of such before any Insolvency ProceedingProceeding is dismissed);

Appears in 2 contracts

Samples: Loan and Security Agreement (Egain Communications Corp), Loan and Security Agreement (Pixelworks Inc)

Insolvency. If Borrower becomes insolvent, or if begins an Insolvency ---------- Proceeding; or an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced begun against Borrower and is not dismissed or stayed within thirty (30) 30 days (provided that but no Credit Extensions other than Advances to honor draws on Letters of Credit will be made prior to the dismissal made, nor will Letters of such Credit be issued, before any Insolvency ProceedingProceeding is dismissed);

Appears in 1 contract

Samples: Loan and Security Agreement (Exodus Communications Inc)

Insolvency. If any Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by any Borrower, or if an Insolvency Proceeding is commenced against any Borrower and is not dismissed or stayed within thirty (30) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 1 contract

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

Insolvency. If any Borrower becomes insolvent, or if an ---------- Insolvency Proceeding is commenced by any Borrower, or if an Insolvency Proceeding is commenced against any Borrower and is not dismissed or stayed within thirty (30) 30 days (provided that no Credit Extensions Advances will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 1 contract

Samples: Loan and Security Agreement (SQL Financials International Inc /De)

Insolvency. If either Borrower becomes insolvent, begins an Insolvency Proceeding or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced begun against a Borrower and is not dismissed or stayed within thirty (30) 60 days (provided that but no Credit Extensions will be made prior before any Insolvency Proceeding is dismissed) or either Borrower fails generally to the dismissal of such Insolvency Proceeding)pay its debts as they become due;

Appears in 1 contract

Samples: Loan and Security Agreement (3d Systems Corp)

Insolvency. If (a) if a Borrower becomes insolvent, ; (b) if a Borrower begins an Insolvency Proceeding; or if (c) an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced begun against a Borrower and is not dismissed or stayed within thirty (30) 30 days (provided that but no Credit Extensions will be made prior to the dismissal of such before any Insolvency ProceedingProceeding is dismissed);

Appears in 1 contract

Samples: Loan and Security Agreement (Perficient Inc)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by BorrowerXxxxxxxx, or if an Insolvency Proceeding is commenced against Borrower Xxxxxxxx and is not dismissed or stayed within thirty (30) 30 days (provided that no Credit Extensions Loans will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 1 contract

Samples: Loan and Security Agreement

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