Common use of Litigation Clause in Contracts

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending by or against Borrower or any Subsidiary before any court or administrative agency in which a likely adverse decision would reasonably be expected to have a Material Adverse Effect.

Appears in 88 contracts

Samples: Loan and Security Agreement (Bazaarvoice Inc), Loan and Security Agreement (Marinus Pharmaceuticals Inc), Loan and Security Agreement (Heat Biologics, Inc.)

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Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending by or against Borrower or any Subsidiary before any court or administrative agency in which a likely an adverse decision would reasonably be expected to could have a Material Adverse Effect, or a material adverse effect on Borrower’s interest or Bank’s security interest in the Collateral.

Appears in 39 contracts

Samples: Loan and Security Agreement (iSpecimen Inc.), Loan and Security Agreement (Bridgeline Digital, Inc.), Loan and Security Agreement (Salix Pharmaceuticals LTD)

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending by or against Borrower or any Subsidiary before any court or administrative agency in which a likely an adverse decision would reasonably be expected to could have a Material Adverse EffectEffect or a material adverse effect on Borrower's interest or Bank's security interest in the Collateral. Borrower does not have knowledge of any such pending or threatened actions or proceedings.

Appears in 34 contracts

Samples: Loan and Security Agreement (Seebeyond Technology Corp), Loan and Security Agreement (Seeq Technology Inc), Loan and Security Agreement (Bsquare Corp /Wa)

Litigation. Except as set forth shown in the Schedule, there are no actions or proceedings pending or, to the knowledge of Borrower's Responsible Officers, threatened by or against Borrower or any Subsidiary before any court or administrative agency in which a likely adverse decision would could reasonably be expected to have cause a Material Adverse EffectChange.

Appears in 32 contracts

Samples: Loan and Security Agreement (Displaytech Inc), Loan and Security Agreement (Kintera Inc), Loan and Security Agreement (Witness Systems Inc)

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending pending, or, to Borrower's knowledge, threatened by or against Borrower or any Subsidiary before any court or administrative agency in which a likely an adverse decision would reasonably be expected to could have a Material Adverse EffectEffect or a material adverse effect on Borrower's interest or Bank's security interest in the Collateral.

Appears in 32 contracts

Samples: Loan and Security Agreement (Sage Inc/Ca), Loan Modification Agreement (Art Technology Group Inc), Loan and Security Agreement (Bluestone Software Inc)

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending by or against Borrower or any Subsidiary before any court or administrative agency in which a likely adverse decision would could reasonably be expected to have a Material Adverse Effect.

Appears in 32 contracts

Samples: Loan and Security Agreement (Legalzoom Com Inc), Loan and Security Agreement (Complete Genomics Inc), Loan and Security Agreement (Artes Medical Inc)

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending by or against Borrower or any Subsidiary before any court or administrative agency in which a likely an adverse decision would reasonably be expected to could have a Material Adverse Effect, or a material adverse effect on Borrower's interest or Bank's security interest in the Collateral.

Appears in 17 contracts

Samples: Loan and Security Agreement (Villageedocs Inc), Loan and Security Agreement (Cepheid), Loan and Security Agreement (Bridgepoint Education Inc)

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending by or against Borrower or any Subsidiary before any court or administrative agency in which a likely an adverse decision would could reasonably be expected to have a Material Adverse EffectEffect or a material adverse effect on Borrower's interest or Bank's security interest in the Collateral. Borrower does not have knowledge of any such pending or threatened actions or proceedings.

Appears in 9 contracts

Samples: Loan and Security Agreement (Pharmchem Inc), Loan Modification Agreement (Alteon Websystems Inc), Loan and Security Agreement (Cardiac Pathways Corp)

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending by or against any Borrower or any Subsidiary before any court or administrative agency in which a likely adverse decision would reasonably be expected to have a Material Adverse Effect.

Appears in 6 contracts

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

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending or, to Borrower's knowledge, threatened by or against Borrower or any Subsidiary before any court or administrative agency in which a likely an adverse decision would reasonably be expected to could have a Material Adverse EffectEffect or a material adverse effect on Borrower's interest or Bank's security interest in the Collateral.

Appears in 6 contracts

Samples: Loan Modification Agreement (Quintus Corp), Loan and Security Agreement (Sagent Technology Inc), Loan and Security Agreement (Wavephore Inc)

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending by or against Borrower or any Subsidiary before any court or administrative agency in which a likely an adverse decision would could reasonably be expected to have a Material Adverse Effect, or a material adverse effect on Borrower’s interest or Bank’s security interest in the Collateral.

Appears in 6 contracts

Samples: Loan and Security Agreement (Egain Communications Corp), Loan and Security Agreement (Spark Networks Inc), Loan and Security Agreement (908 Devices Inc.)

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending by or against Borrower or any Subsidiary before any court or administrative agency in which a likely an adverse decision would reasonably be expected to could have a Material Adverse EffectEffect or a material adverse effect on Borrower's interest or Bank's security interest in the Collateral.

Appears in 6 contracts

Samples: Loan and Security Agreement (Videonics Inc), Loan and Security Agreement (Musicmaker Com Inc), Loan and Security Agreement (N2h2 Inc)

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending by or against Borrower or any Subsidiary before any court or administrative agency in which a likely adverse decision would reasonably be expected to have a Material Adverse Effect, or a material adverse effect on Borrower's interest or Bank's security interest in the Collateral.

Appears in 5 contracts

Samples: Loan and Security Agreement (Spy Optic Inc), Loan and Security Agreement (Citadel Security Software Inc), Loan and Security Agreement (Nuvasive Inc)

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending by or against Borrower or any Subsidiary before any court or administrative agency in which a likely an adverse decision would reasonably be expected to could have a Material Adverse Effect.

Appears in 5 contracts

Samples: Loan and Security Agreement (ThredUp Inc.), Loan and Security Agreement (Bladelogic Inc), Loan and Security Agreement (Mti Technology Corp)

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending by or against a Borrower or any Subsidiary before any court or administrative agency in which a likely adverse decision would that could reasonably be expected to have a Material Adverse Effect.

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.)

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending by or against Borrower or any Subsidiary before any court or administrative agency in which a likely an adverse decision would could reasonably be expected to have a Material Adverse Effect, or a material adverse effect on Borrower's interest or Bank's security interest in the Collateral.

Appears in 4 contracts

Samples: Loan and Security Agreement (908 Devices Inc.), Loan and Security Agreement (908 Devices Inc.), Loan and Security Agreement (Ditech Communications Corp)

Litigation. Except as set forth in the Schedule, there are no ---------- actions or proceedings pending by or against Borrower or any Subsidiary before any court or administrative agency in which a likely an adverse decision would reasonably be expected to could have a Material Adverse EffectEffect or a material adverse effect on Borrower's interest or Bank's security interest in the Collateral. Borrower does not have knowledge of any such pending or threatened actions or proceedings.

Appears in 4 contracts

Samples: Loan and Security Agreement (Onsale Inc), Loan and Security Agreement (Curon Medical Inc), Loan and Security Agreement (Corsair Communications Inc)

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending by or against Borrower or any Subsidiary before any court or administrative agency in which a likely an adverse decision would is reasonably be expected likely to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Loan and Security Agreement (Ubiquiti Networks, Inc.), Loan and Security Agreement (Wj Communications Inc), Loan and Security Agreement (Therma Wave Inc)

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending by or against Borrower or any Subsidiary before any court or administrative agency in which a likely adverse decision would reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

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

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending pending, or, to Borrower's knowledge, threatened by or against Borrower or any Subsidiary before any court or administrative agency in which a likely an adverse decision would reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Loan and Security Agreement (Imanage Inc), Loan and Security Agreement (Imanage Inc), August 1999 Loan Modification Agreement (Imanage Inc)

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending pending, or, to Borrower's knowledge, threatened by or against Borrower or any Subsidiary before any court or administrative agency in which a likely an adverse decision would could reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement, Loan and Security Agreement (Harmonic Lightwaves Inc)

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending by or against Borrower or any Subsidiary before any court or administrative agency in which a likely an adverse decision would reasonably be expected (that is not covered by independent third-party insurance as to which liability has been denied by such insurance carrier) could have a Material Adverse Effect, or a material adverse effect on Borrower’s interest or Bank’s security interest in the Collateral.

Appears in 3 contracts

Samples: Loan and Security Modification Agreement (EverQuote, Inc.), Loan and Security Agreement (EverQuote, Inc.), Loan and Security Modification Agreement (EverQuote, Inc.)

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending by or against Borrower or any Subsidiary before any court or administrative agency in which a likely adverse decision that would reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Loan and Security Agreement (Otonomy, Inc.), Loan and Security Agreement (Casper Sleep Inc.), Loan and Security Agreement (Casper Sleep Inc.)

Litigation. Except as set forth in the Schedule, there are no actions ---------- or proceedings pending pending, or, to Borrower's knowledge, threatened by or against Borrower or any Subsidiary before any court or administrative agency in which a likely an adverse decision would reasonably be expected to could have a Material Adverse EffectEffect or a material adverse effect on Borrower's interest or Bank's security interest in the Collateral.

Appears in 3 contracts

Samples: Loan and Security Agreement (Copper Mountain Networks Inc), Loan and Security Agreement (Audible Inc), Loan and Security Agreement (C-Bridge Internet Solutions Inc)

Litigation. Except as set forth in the Schedule, there are no ---------- actions or proceedings pending by or against Borrower or any Subsidiary before any court or administrative agency in which a likely adverse decision would reasonably be expected to have a Material Adverse EffectEffect or a material adverse effect on Borrower's interest or Bank's security interest in the Collateral. Borrower does not have knowledge of any such pending or threatened actions or proceedings.

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)

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending by or against Borrower or any Subsidiary before any court or administrative agency in which a likely adverse decision would could reasonably be expected to have a Material Adverse Effect, or a material adverse effect on Borrower's interest or Bank's security interest in the Collateral.

Appears in 3 contracts

Samples: Loan and Security Agreement (Us Search Corp Com), Loan and Security Agreement (Us Search Corp Com), Loan and Security Agreement (Evolve Software Inc)

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending by or against Borrower or any Subsidiary before any court or administrative agency in which a likely adverse decision would would, if there were an unfavorable decision, has or could reasonably be expected to have result in a Material Adverse Effect.

Appears in 3 contracts

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

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending or, to Borrower's knowledge, threatened by or against Borrower or any Subsidiary before any court or administrative agency in which a likely an adverse decision would could reasonably be expected to have a Material Adverse EffectEffect or a material adverse effect on Borrower's interest or Bank's security interest in the Collateral.

Appears in 3 contracts

Samples: Loan and Security Agreement (Integrated Packaging Assembly Corp), Loan and Security Agreement (E Loan Inc), Loan and Security Agreement (At Home Corp)

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending by or against Borrower or any Subsidiary before any court or administrative agency in which a likely an adverse decision would reasonably be expected to could have a Material Adverse EffectEffect or a material adverse effect on Borrower’s interest or Bank’s security interest in the Collateral.

Appears in 3 contracts

Samples: Loan and Security Agreement (Safeguard Scientifics Inc), Loan and Security Agreement (Safeguard Scientifics Inc), Loan and Security Agreement (Safeguard Scientifics Inc)

Litigation. Except as set forth in the Schedule, there are no ---------- actions or proceedings pending by or against Borrower or any Subsidiary before any court or administrative agency in which a likely an adverse decision would could reasonably be expected to have a Material Adverse EffectEffect or a material adverse effect on Borrower's interest or Bank's security interest in the Collateral. Borrower does not have knowledge of any such pending or threatened actions or proceedings.

Appears in 3 contracts

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

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending by or against Borrower or any Subsidiary before any court or administrative agency in which there is a likely reasonable probability of an adverse decision would reasonably be expected to that could have a Material Adverse Effect.

Appears in 3 contracts

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

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending by or against Borrower or any Subsidiary Subsidiary, as applicable, before any court or administrative agency in which a likely adverse decision would reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Security Agreement (GenMark Diagnostics, Inc.), Loan and Security Agreement (GenMark Diagnostics, Inc.)

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending by or against Borrower or any Subsidiary before any court or administrative agency in which a likely an adverse decision would reasonably be expected to could have a Material Adverse Effect, or a material adverse effect on Borrower’s interest or Lender’s security interest in the Collateral.

Appears in 2 contracts

Samples: Loan and Security Agreement (Mercadolibre Inc), Loan and Security Agreement (Focus Enhancements Inc)

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending by or against Borrower or any Subsidiary before any court court, or administrative agency agency, in which a likely adverse decision would reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

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

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending by or against Borrower or any Subsidiary before any court or administrative agency in which a likely adverse decision would that could reasonably be expected to have a Material Adverse Effect, or a material adverse effect on Borrower’s interest or Bank’s security interest in the Collateral.

Appears in 2 contracts

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

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending by or against Borrower Borrowers or any Subsidiary before any court or administrative agency in which a likely adverse decision would reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

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

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending by or against Borrower or any Subsidiary before any court or administrative agency in which a likely an adverse decision would could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Security Agreement (Rigel Pharmaceuticals Inc), Loan and Security Agreement (Patient Infosystems Inc)

Litigation. Except as set forth in the Schedule, there are no actions actions, suits, litigation, or proceedings pending by or against Borrower or any Subsidiary before any court or administrative agency in which a likely adverse decision would reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Security Agreement (Oxford Immunotec Global PLC), Loan and Security Agreement (Oxford Immunotec Global PLC)

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending by or against Borrower or any Subsidiary before any court or administrative agency in which a likely an adverse decision would reasonably be expected to could have a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan Agreement (Safeguard Scientifics Inc Et Al), Credit Agreement (Internet Capital Group Inc)

Litigation. Except as set forth in the ScheduleSchedule or otherwise disclosed in writing to Bank, there are no actions or proceedings pending by or against Borrower or any Subsidiary before any court or administrative agency in which a likely adverse decision would reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

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

Litigation. Except as set forth in the Schedule, there are no ---------- actions or proceedings pending by or against Borrower or any Subsidiary before any court or administrative agency in which a likely an adverse decision would reasonably be expected to could have a Material Adverse Effect, or a material adverse effect on Borrower's interest or Bank's security interest in the Collateral.

Appears in 1 contract

Samples: Loan and Security Agreement (Egain Communications Corp)

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending by or against Borrower or any Subsidiary before any court or administrative agency in which a likely an adverse decision would reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Radview Software LTD)

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending by or against Borrower or any Subsidiary before any court or administrative agency in which a likely an adverse decision is likely and would reasonably be expected to have a Material Adverse Effect, or a material adverse effect on Borrower's interest or Bank's security interest in the Collateral.

Appears in 1 contract

Samples: Loan and Security Agreement (Orasure Technologies Inc)

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending by or against a Borrower or any Subsidiary before any court or administrative agency in which a likely adverse decision would would, if there were an unfavorable decision, has or could reasonably be expected to have result in a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Lightpath Technologies Inc)

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending by or against either Borrower or any Subsidiary before any court or administrative agency in which a likely adverse decision would reasonably be expected to have a Material Adverse Effect, or a material adverse effect on either Borrower's interest or Bank's security interest in the Collateral.

Appears in 1 contract

Samples: Loan and Security Agreement (Pfsweb Inc)

Litigation. Except as set forth in the Schedule, there are no ---------- actions or proceedings pending by or against Borrower or any Subsidiary before any court or administrative agency in which a likely an adverse decision would reasonably be expected to could have a Material Adverse EffectEffect or a material adverse effect on Borrower's interest or Bank's security interest in the Collateral.

Appears in 1 contract

Samples: Loan and Security Agreement (Loudeye Technologies Inc)

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending by or against Borrower or any Subsidiary before any court or administrative agency in which a likely adverse decision would reasonably be expected to have a Material Adverse Effect, or a material adverse effect on Borrower’s interest or Bank’s security interest in the Collateral.

Appears in 1 contract

Samples: Loan and Security Agreement (Masergy Communications Inc)

Litigation. Except as set forth in the ScheduleSchedule 7.14, if any, there are no actions or proceedings pending by or against Borrower or any Subsidiary before any court or administrative agency in which a likely an adverse decision would reasonably be expected to could have a Material Adverse EffectEffect on Borrower. Borrower does not have knowledge of any such pending or threatened actions or proceedings.

Appears in 1 contract

Samples: Revolving Credit and Term (Motorvac Technologies Inc)

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending by or against a Borrower or any Subsidiary before any court or administrative agency in which a likely an adverse decision would reasonably be expected to could have a Material Adverse Effect, or a material adverse effect on a Borrower’s interest or Bank’s security interest in the Collateral.

Appears in 1 contract

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

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending by or against Borrower or any Subsidiary before any court or administrative agency in which a likely an adverse decision would reasonably be expected to have a Material Adverse Effect, or a material adverse effect on Borrower’s interest or Bank’s security interest in the Collateral.

Appears in 1 contract

Samples: Loan and Security Agreement (Concur Technologies Inc)

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending by or against any Borrower or any Subsidiary before any court or administrative agency in which a likely adverse decision would could reasonably be expected to have a Material Adverse Effect, or a material adverse effect on Borrowers' interest or Bank's security interest in the Collateral.

Appears in 1 contract

Samples: Loan and Security Agreement (Inphonic Inc)

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending by or against a Borrower or any Subsidiary before any court or administrative agency in which a likely adverse decision would reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

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

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending by or against Borrower or any Subsidiary before any court or administrative agency in which a likely an adverse decision would is reasonably be expected likely to have a Material Adverse Effect, or a material adverse effect on Borrower's interest or Bank's security interest in the Collateral.

Appears in 1 contract

Samples: Loan and Security Agreement (Tci Solutions Inc)

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending by or against any Borrower or any Subsidiary before any court or administrative agency of competent jurisdiction in which a likely an adverse decision would reasonably be expected to could have a Material Adverse Effect, or a material adverse effect on such Borrower’s interest or Bank’s security interest in the Collateral.

Appears in 1 contract

Samples: Loan and Security Agreement (Orchard Enterprises, Inc.)

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending by or against Borrower or any Subsidiary before any court or administrative agency in which a likely an adverse decision would is reasonably be expected likely to have a Material Adverse EffectEffect or a material adverse effect on Borrower's interest or Bank's security interest in the Collateral.

Appears in 1 contract

Samples: Loan and Security Agreement (Women Com Networks Inc)

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Litigation. Except as set forth in the Schedule, there are no ---------- actions or proceedings pending by or against Borrower or any Subsidiary before any court or administrative agency in which a likely an adverse decision would reasonably be expected to could have a Material Adverse Effect, or a material adverse effect on Borrower's interest.

Appears in 1 contract

Samples: Loan Agreement (Logicvision Inc)

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending by or against Borrower or any Subsidiary before any court or administrative agency in which a likely an adverse decision would reasonably be expected to could have a Material Adverse Effect, or a material adverse effect on Borrower's interest or Bank's security interest in the Collateral.

Appears in 1 contract

Samples: Loan and Security Agreement (Safeguard Scientifics Inc Et Al)

Litigation. Except as set forth in As of the Scheduledate hereof, there are no actions or proceedings pending by or against Borrower or any Subsidiary before any court or administrative agency in which a likely adverse decision would reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

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

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending by or against Borrower or any Subsidiary before any court or administrative agency in which a likely adverse decision would that could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Clearone Communications Inc)

Litigation. Except as set forth in the ScheduleSchedule of Exceptions, there are no actions or proceedings pending by or against Borrower or any Subsidiary before any court or administrative agency in which a likely adverse decision would could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Digital Power Corp)

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending by or against Borrower or any Subsidiary before any court or administrative agency in which a likely an adverse decision would reasonably be expected to could have a Material Adverse Effect, or a material adverse effect on Borrower’s interest.

Appears in 1 contract

Samples: Loan Agreement (Logicvision Inc)

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending by or against Borrower or any Subsidiary before any court or administrative agency in which a likely an adverse decision would reasonably be expected to could have a Material Adverse Effect, or a material adverse effect on Borrower’s interest or Banks security interest in the Collateral.

Appears in 1 contract

Samples: Loan and Security Agreement (Reliant Technologies Inc)

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending by or against Borrower Borrowers or any Subsidiary before any court or administrative agency in which a likely an adverse decision would is reasonably be expected likely to have a Material Adverse Effect.

Appears in 1 contract

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

Litigation. Except as set forth in the ScheduleSchedule and in Borrower’s filings with the Securities and Exchange Commission, there are no actions or proceedings pending by or against Borrower or any Subsidiary before any court or administrative agency in which a likely adverse decision would reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Nanometrics Inc)

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending by or against Borrower or any Subsidiary before any court or administrative agency in which a likely an adverse decision would reasonably be expected likely to have a Material Adverse Effect.. 5.9

Appears in 1 contract

Samples: Loan and Security Agreement (Scientific Learning Corp)

Litigation. Except as set forth in the Schedule, there are no material actions or proceedings pending by or against Borrower or any Subsidiary before any court or administrative agency that are reasonably likely to be determined in which a likely an adverse decision would manner and, if so adversely determined, could reasonably be expected to have result in a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Five9, Inc.)

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending by or against such Borrower or any Subsidiary before any court or administrative agency in which a likely an adverse decision would reasonably be expected to could have a Material Adverse Effect, or a material adverse effect on Borrower’s interest or Bank’s security interest in the Collateral.

Appears in 1 contract

Samples: Loan and Security Agreement (Northern Star Acquisition Corp.)

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending by or against Borrower or any Subsidiary before any court or administrative agency in which a likely an adverse decision is reasonably likely and, if adversely determined would reasonably be expected to have result in a Material Adverse Effect.

Appears in 1 contract

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

Litigation. Except as set forth in the Schedule, there are no ---------- actions or proceedings pending by or against Borrower or any Subsidiary before any court or administrative agency in which a likely an adverse decision would reasonably be expected to could have a Material Adverse EffectEffect or a material adverse effect on Borrower's interest or Bank's security interest in the Collateral.

Appears in 1 contract

Samples: Loan and Security Agreement (Pointshare Corp)

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending by or against Borrower or any Subsidiary before any court or administrative agency in which a likely an adverse decision would reasonably be expected to could have a Material Adverse EffectEffect or a material adverse effect on Borrower's interest in Borrower's Assets. Borrower does not have knowledge of any such pending or threatened actions or proceedings.

Appears in 1 contract

Samples: Loan Agreement (Advanced Technology Materials Inc /De/)

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending by or against Borrower or any Subsidiary before any court or administrative agency in which there is a likely reasonable likelihood of an adverse decision that would reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Anthera Pharmaceuticals Inc)

Litigation. Except as set forth in the Schedule, to Borrower’s knowledge, there are no actions or proceedings pending by or against Borrower or any Subsidiary before any court or administrative agency in which a likely adverse decision would could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Auriga Laboratories, Inc.)

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending by or against Borrower or any Subsidiary Guarantor before any court or administrative agency in which a likely adverse decision would could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (IPC the Hospitalist Company, Inc.)

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending by or against Borrower or any Subsidiary before any court or administrative agency in which a likely an adverse decision would reasonably be expected to could have either (i) a Material Adverse Effect, or (ii) a material adverse effect on Borrower's interest or Bank's security interest in the Collateral. Borrower does not have knowledge of any such pending or threatened actions or proceedings.

Appears in 1 contract

Samples: Loan and Security Agreement (Versatility Inc)

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending by or against Borrower or any Subsidiary before any court or administrative agency in which a likely an adverse decision would reasonably be expected to have a Material Adverse Effect, or a material adverse effect on Borrower's interest or Bank's security interest in the Collateral.

Appears in 1 contract

Samples: Loan and Security Agreement (Lynx Therapeutics Inc)

Litigation. Except as set forth in the ScheduleSchedule attached hereto, there are no actions or proceedings pending by or against Borrower Borrowers or any Subsidiary before any court or administrative agency in which a likely adverse decision would reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Trupanion Inc.)

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending by or against Borrower or any Subsidiary before any court or administrative agency in which a likely an adverse decision would could reasonably be expected to have a Material Adverse EffectEffect on Borrower’s interest or Lender’s security interest in the Collateral.

Appears in 1 contract

Samples: Loan and Security Agreement (Qumu Corp)

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending pending, or, to Borrower's knowledge, threatened by or against Borrower or any Subsidiary before any court or administrative agency in which a likely an adverse decision would reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Faxsav Inc)

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending by or against Borrower or any Subsidiary before any court or administrative agency in which a likely adverse decision would could reasonably be expected to have a Material Adverse Effect, or a material adverse effect on Borrower’s interest, or Bank’s security interest, in the Collateral.

Appears in 1 contract

Samples: Disbursement Instructions (Vastera Inc)

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending or, to Borrower’s knowledge, threatened by or against Borrower or any Subsidiary before any court or administrative agency in which a likely an adverse decision would could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Anda Networks Inc)

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending by or against Borrower or any Subsidiary before any court or administrative agency in which a likely adverse decision would could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

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

Litigation. Except as set forth in the Disclosure Schedule, there are no actions or proceedings pending by or against any Borrower or any Subsidiary before any court or administrative agency in which a likely adverse decision would reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

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

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending by or against any Borrower or any Subsidiary before any court or administrative agency in which a likely adverse decision would could reasonably be expected to have a Material Adverse Effect, or a material adverse effect on Borrowers’ interest or Bank’s security interest in the Collateral.

Appears in 1 contract

Samples: Loan and Security Agreement (Inphonic Inc)

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending by or against either Borrower or any Subsidiary before any court or administrative agency in which a likely adverse decision would reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Proteinsimple)

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending by or against Borrower or any Subsidiary before any court or administrative agency in which a likely adverse decision would could be determined adversely to Borrower and if adversely determined could reasonably be expected to have a Material Adverse Effect, or a material adverse effect on Borrower’s interest or Bank’s security interest in the Collateral.

Appears in 1 contract

Samples: Loan and Security Agreement (Pandora Media, Inc.)

Litigation. Except as set forth in the Schedule, there are ---------- no actions or proceedings pending by or against Borrower or any Subsidiary before any court or administrative agency in which a likely an adverse decision would reasonably be expected to could have a Material Adverse Effect, or a material adverse effect on Borrower's interest or Bank's security interest in the Collateral.

Appears in 1 contract

Samples: Loan and Security Agreement (Logicvision Inc)

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending by or against Borrower or any Subsidiary before any court or administrative agency in which a likely an adverse decision would reasonably be expected to could have a Material Adverse Effect, or a material adverse effect on Borrower's interest or Lender's security interest in the Collateral.

Appears in 1 contract

Samples: Loan and Security Agreement (Superconductor Technologies Inc)

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending by or against Borrower or any Subsidiary before any court or administrative agency in which a likely adverse decision would reasonably be expected to have a Material Adverse Effect, including but not limited to any action to assert, foreclose or enforce mechanics or other involuntary liens, the outcome of which could materially impair Borrower’s financial condition or its ability to carry on its business.

Appears in 1 contract

Samples: Loan and Security Agreement (Vistaprint LTD)

Litigation. Except as set forth in the Scheduleon Schedule 4.6 hereto, there are no actions or proceedings pending by or against Borrower or any Subsidiary before any court or administrative agency in which a likely an adverse decision would reasonably be expected to could have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan Agreement (Safeguard Scientifics Inc)

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending by or against Borrower or any Subsidiary before any court or administrative agency in which a likely an adverse decision would reasonably be expected likely to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Scientific Learning Corp)

Litigation. Except as set forth in the Schedule, there are no actions or proceedings pending by or against a Borrower or any Subsidiary before any court or administrative agency which could result in liabilities in excess of $250,000 or in which a likely an adverse decision would reasonably be expected to could have a Material Adverse Effect.

Appears in 1 contract

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

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