Common use of Misrepresentations Clause in Contracts

Misrepresentations. Borrower or any Person acting for Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;

Appears in 444 contracts

Samples: Loan Agreement (Response Biomedical Corp), Loan and Security Agreement (ARCA Biopharma, Inc.), Loan and Security Agreement (Sento Corp)

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Misrepresentations. If Borrower or any Person acting for Borrower makes any representation, warranty, material misrepresentation or other statement material misstatement now or later in any warranty or representation in this Agreement, any Loan Document Agreement or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;.

Appears in 137 contracts

Samples: Loan and Security Agreement (Sigmatel Inc), Loan and Security Agreement (Palmsource Inc), Loan and Security Agreement (Netlogic Microsystems Inc)

Misrepresentations. Borrower or any Person acting for Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;; or

Appears in 77 contracts

Samples: Loan and Security Agreement (Cyan Inc), Loan and Security Agreement (Splunk Inc), Loan and Security Agreement (BG Medicine, Inc.)

Misrepresentations. If Borrower or any Person acting for Borrower makes any representation, warranty, material misrepresentation or other statement material misstatement now or later in any warranty or representation in this Agreement, any Loan Document Agreement or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;; or

Appears in 63 contracts

Samples: Loan and Security Agreement (Optio Software Inc), Loan and Security Agreement (Zars Inc/Ut), Loan and Security Agreement (Volcano CORP)

Misrepresentations. If Borrower or any Person acting for Borrower makes any representation, warranty, material misrepresentation or other statement material misstatement now or later in any warranty or representation in this Agreement, any Loan Document Agreement or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;

Appears in 32 contracts

Samples: Valley Bank Loan and Security Agreement (Entrada Networks Inc), Silicon Valley Bank Loan and Security Agreement (Versant Corp), Loan and Security Agreement (Telular Corp)

Misrepresentations. If Borrower or any Person acting for Borrower makes any representation, warranty, material misrepresentation or other statement material misstatement now or later in any warranty or representation in this Agreement, any Loan Document Agreement or in any writing communication delivered to Bank or to induce Bank to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;.

Appears in 27 contracts

Samples: Loan and Security Agreement (Hearme), Loan and Security Agreement (Pharsight Corp), Loan and Security Agreement (Advanced Analogic Technologies Inc)

Misrepresentations. Borrower or any Person acting for Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;

Appears in 22 contracts

Samples: Loan and Security Agreement (GlobalOptions Group, Inc.), Loan and Security Agreement (Us Dataworks Inc), Loan and Security Agreement (Banks.com, Inc.)

Misrepresentations. Borrower or any Person acting for Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank Lender or to induce Bank Lender to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;

Appears in 18 contracts

Samples: Loan and Security Agreement (Cerus Corp), Loan and Security Agreement (Titan Pharmaceuticals Inc), Loan and Security Agreement (Anadigics Inc)

Misrepresentations. Borrower or any Person acting for Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank Agent or any Lender or to induce Bank Agent or any Lender to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;

Appears in 17 contracts

Samples: Loan and Security Agreement (Scynexis Inc), Subordinated Loan and Security Agreement (Everyday Health, Inc.), Mezzanine Loan and Security Agreement (Velo3D, Inc.)

Misrepresentations. Borrower or any Person acting for Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank Agent and/or the Lenders or to induce Bank Agent and/or the Lenders to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;

Appears in 15 contracts

Samples: Loan and Security Agreement (Furiex Pharmaceuticals, Inc.), Loan and Security Agreement (Nupathe Inc.), Loan and Security Agreement (Regado Biosciences Inc)

Misrepresentations. Borrower or any Person acting for Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank Collateral Agent and/or Lenders or to induce Bank Collateral Agent and/or the Lenders to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;

Appears in 12 contracts

Samples: Loan and Security Agreement (SafeStitch Medical, Inc.), Loan and Security Agreement (Anacor Pharmaceuticals Inc), Loan and Security Agreement (Omeros Corp)

Misrepresentations. If Borrower or any Person acting for Borrower makes any representation, warranty, material misrepresentation or other statement material misstatement now or later in any warranty or representation in this Agreement, any Loan Document Agreement or in any writing delivered to Bank Agent and/or Lenders or to induce Bank Agent and/or Lenders to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;.

Appears in 10 contracts

Samples: Loan and Security Agreement (Acclarent Inc), Term Loan and Security Agreement (A123 Systems Inc), Loan Modification Agreement (A123 Systems, Inc.)

Misrepresentations. If any Borrower or any Person acting for any Borrower makes any representation, warranty, material misrepresentation or other statement material misstatement now or later in any warranty or representation in this Agreement, any Loan Document Agreement or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;; or

Appears in 9 contracts

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

Misrepresentations. Borrower or any Person acting for Borrower makes any representation, warranty, warranty or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;

Appears in 9 contracts

Samples: Loan and Security Agreement (OncoCyte Corp), Loan and Security Agreement (Lipocine Inc.), Loan and Security Agreement (Tracon Pharmaceuticals Inc)

Misrepresentations. Any Borrower or any Person acting for any Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;

Appears in 9 contracts

Samples: Loan and Security Agreement (Channeladvisor Corp), Loan and Security Agreement (Xata Corp /Mn/), Loan and Security Agreement (Financial Engines, Inc.)

Misrepresentations. A Borrower or any Person acting for a Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;

Appears in 8 contracts

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

Misrepresentations. Borrower or any Person acting for Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank Agent and/or Lenders or to induce Bank Agent and/or Lenders to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;; or

Appears in 8 contracts

Samples: Loan and Security Agreement (Peregrine Pharmaceuticals Inc), Loan and Security Agreement (Exa Corp), Loan and Security Agreement (Chimerix Inc)

Misrepresentations. Borrower or any Person acting for Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;.

Appears in 7 contracts

Samples: Loan and Security Agreement (Force10 Networks Inc), Loan and Security Agreement (Hansen Medical Inc), Loan and Security Agreement (Force10 Networks Inc)

Misrepresentations. Borrower or any Person acting for Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank Collateral Agent and/or Lenders or to induce Bank Collateral Agent and/or Lenders to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;

Appears in 7 contracts

Samples: Loan and Security Agreement (Complete Genomics Inc), Loan and Security Agreement (Angie's List, Inc.), Loan and Security Agreement (Somaxon Pharmaceuticals, Inc.)

Misrepresentations. Borrower or any Person acting for Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;; or

Appears in 6 contracts

Samples: Loan and Security Agreement (GigOptix, Inc.), Loan and Security Agreement (Axs One Inc), Loan and Security Agreement (Forescout Technologies, Inc)

Misrepresentations. Borrower or any Person acting for Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank Lender or to induce Bank Lender to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;; or

Appears in 5 contracts

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

Misrepresentations. Borrower or any Person acting for Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank Agent and/or Lenders or to induce Bank Agent and/or Lenders to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;

Appears in 5 contracts

Samples: Loan Modification Agreement (Meru Networks Inc), Loan and Security Agreement (GAIN Capital Holdings, Inc.), Loan Modification Agreement (Meru Networks Inc)

Misrepresentations. Borrower or any Person acting for Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;; and

Appears in 5 contracts

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

Misrepresentations. Borrower or any Person acting for Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;; 8.9

Appears in 4 contracts

Samples: Loan and Security Agreement (Luna Innovations Inc), Loan and Security Agreement (Lojack Corp), Loan and Security Agreement (Alpine Immune Sciences, Inc.)

Misrepresentations. Borrower or any Person acting for Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document, and such representation, warranty, or other statement statement, when taken as a whole, is incorrect in any material respect when made;

Appears in 4 contracts

Samples: Loan and Security Agreement (Intermolecular Inc), Loan and Security Agreement (Intermolecular Inc), Loan and Security Agreement (Ignyta, Inc.)

Misrepresentations. Borrower or any Person acting for Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank Administrative Agent and/or Lenders or to induce Bank Administrative Agent and/or Lenders to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;

Appears in 4 contracts

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

Misrepresentations. Borrower or any Person acting for Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank Lenders or to induce Bank Lenders to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;

Appears in 4 contracts

Samples: Loan Agreement (Fluidigm Corp), Loan Agreement (Fluidigm Corp), Loan Agreement (Fluidigm Corp)

Misrepresentations. Borrower or any Person acting for Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank or to induce Bank to enter into this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;

Appears in 4 contracts

Samples: Loan and Security Agreement (Stereotaxis, Inc.), Loan and Security Agreement (Synacor, Inc.), Loan and Security Agreement (Stereotaxis, Inc.)

Misrepresentations. Borrower or any Person officer of Borrower acting for Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;

Appears in 4 contracts

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

Misrepresentations. Either Borrower or any Person acting for either Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;

Appears in 3 contracts

Samples: Loan and Security Agreement (Harmonic Inc), Loan and Security Agreement (Relm Wireless Corp), Loan and Security Agreement (BK Technologies Corp)

Misrepresentations. Borrower or any Person acting for Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank or to induce Bank to enter into this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;; or

Appears in 3 contracts

Samples: Loan and Security Agreement (Caliper Life Sciences Inc), Loan and Security Agreement (World Energy Solutions, Inc.), Loan and Security Agreement (Caliper Life Sciences Inc)

Misrepresentations. If Borrower or any Person acting for Borrower makes any representation, warranty, material misrepresentation or other statement material misstatement now or later in any warranty or representation in this Agreement, any Loan Document Agreement or in any writing communication delivered to Bank or to induce Bank to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;; or

Appears in 3 contracts

Samples: Loan and Security Agreement (Xenogen Corp), Loan and Security Agreement (Jamdat Mobile Inc), Loan and Security Agreement (Valueclick Inc/Ca)

Misrepresentations. Borrower or any Person acting for Borrower makes any material representation, warranty, or other statement statement, either now or later later, in this Agreement, any Loan Document or in any writing delivered to Bank or to induce Bank to enter into this Agreement or in any Loan Document, and such material representation, warranty, or other statement is incorrect in any material respect when made;.

Appears in 3 contracts

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

Misrepresentations. If Borrower or any Person acting for Borrower makes any representation, warranty, ------------------ material misrepresentation or other statement material misstatement now or later in any warranty or representation in this Agreement, any Loan Document Agreement or in any writing communication delivered to Bank or to induce Bank to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;; or

Appears in 3 contracts

Samples: Loan and Security Agreement (Aml Communications Inc), Loan and Security Agreement (Lantronix Inc), Loan and Security Agreement (Lantronix Inc)

Misrepresentations. Borrower or any Person acting for Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made or deemed made;

Appears in 3 contracts

Samples: Loan and Security Agreement (Agenus Inc), Loan and Security Agreement (Cyoptics Inc), Loan and Security Agreement (Cyoptics Inc)

Misrepresentations. Borrower or any Person acting for Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank or to induce Bank to enter into this Agreement or any other Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;

Appears in 3 contracts

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

Misrepresentations. Borrower or any Person acting for Any Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;

Appears in 3 contracts

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

Misrepresentations. Borrower or any Person acting for Borrower makes any representation, warranty, or other written statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank Collateral Agent and/or Lenders or to induce Bank Collateral Agent and/or Lenders to enter this Agreement or any Loan Document, and such representation, warranty, or other written statement is incorrect in any material respect when made;

Appears in 3 contracts

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

Misrepresentations. Borrower or any Person acting for Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank or to induce Bank Bunk to enter this Agreement or of any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;.

Appears in 2 contracts

Samples: Loan and Security Agreement (T2 Biosystems, Inc.), Loan and Security Agreement (T2 Biosystems, Inc.)

Misrepresentations. If Borrower or any Person acting for Borrower makes any representation, warranty, material misrepresentation or other statement now material misstatement in any warranty or later representation in this Agreement, any Loan Document Agreement or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;; or

Appears in 2 contracts

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

Misrepresentations. A Borrower or any Person acting for a Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in ill any material respect when made;

Appears in 2 contracts

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

Misrepresentations. If Borrower or any authorized Person acting for Borrower makes any representation, warranty, material misrepresentation or other statement material misstatement now or later in any warranty or representation in this Agreement, any Loan Document Agreement or in any writing delivered to Bank Collateral Agent or Lenders or to induce Bank Collateral Agent or Lenders to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;.

Appears in 2 contracts

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

Misrepresentations. Borrower or any Person acting for Borrower makes any representation, warranty, or other statement now or later in this Agreement, . any Loan Document or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;; or

Appears in 2 contracts

Samples: Loan Modification Agreement (Tremor Video Inc.), Loan Modification Agreement (Tremor Video Inc.)

Misrepresentations. If Borrower or any Person acting for Borrower ------------------ makes any representation, warranty, material misrepresentation or other statement material misstatement now or later in any warranty or representation in this Agreement, any Loan Document Agreement or in any writing communication delivered to Bank or to induce Bank to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;.

Appears in 2 contracts

Samples: Loan and Security Agreement (LTX Corp), Loan and Security Agreement (Phase2media Inc)

Misrepresentations. Borrower or any Person acting for Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when mademade and would reasonably be likely to result in a Material Adverse Change;

Appears in 2 contracts

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

Misrepresentations. Borrower or any Person acting for Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank Collateral Agent and/or any Lender or to induce Bank Collateral Agent and/or Lenders to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;

Appears in 2 contracts

Samples: Loan and Security Agreement (Ardea Biosciences, Inc./De), Loan and Security Agreement (Hyperion Therapeutics Inc)

Misrepresentations. Borrower or any Person acting for Borrower makes any representation, warranty, or other statement with respect to a material fact or circumstance now or later in this Agreement, any Loan Document or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;; or

Appears in 2 contracts

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

Misrepresentations. Borrower or any Person acting for Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank in connection with this Agreement or any Loan Document or to induce Bank to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;; and

Appears in 2 contracts

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

Misrepresentations. Borrower or any Person acting for Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank Collateral Agent or any Lender or to induce Bank Collateral Agent or any Lender to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;

Appears in 2 contracts

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

Misrepresentations. Borrower or any Person acting for Borrower makes any representation, warranty, or other statement statement, when taken as a whole, now or later in this Agreement, any Loan Document or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;

Appears in 2 contracts

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

Misrepresentations. Borrower or any Person acting for Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank Agent or any Lender or to induce Bank Agent or any Lender to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect false or misleading in any material respect when made;

Appears in 2 contracts

Samples: Loan and Security Agreement (TRIA Beauty, Inc.), Loan and Security Agreement (TRIA Beauty, Inc.)

Misrepresentations. Borrower or any Person acting for Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made or deemed made;

Appears in 2 contracts

Samples: Loan Modification Agreement (Cyoptics Inc), First Loan Modification Agreement (Cyoptics Inc)

Misrepresentations. Borrower or any Person acting for Responsible Officer of Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank Agent and/or Lenders or to induce Bank Agent and/or the Lenders to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;

Appears in 2 contracts

Samples: Loan and Security Agreement (Hansen Medical Inc), Loan and Security Agreement (Hansen Medical Inc)

Misrepresentations. If either Borrower or any Person acting for such Borrower makes any representation, warranty, material misrepresentation or other statement material misstatement now or later in any warranty or representation in this Agreement, any Loan Document Agreement or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;

Appears in 2 contracts

Samples: Silicon Valley Bank Loan and Security Agreement (Global Telecom & Technology, Inc.), Loan and Security Agreement (Global Telecom & Technology, Inc.)

Misrepresentations. A Borrower or any Person acting for a Borrower makes any material representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank Collateral Agent and/or any Lender or to induce Bank Collateral Agent and/or Lenders to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;

Appears in 2 contracts

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

Misrepresentations. Borrower or any Person acting for Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect proves to have been false or misleading in any material respect when on or as of the date made or deemed made;

Appears in 2 contracts

Samples: Loan and Security Agreement (Workiva LLC), Loan and Security Agreement (Workiva LLC)

Misrepresentations. Any Borrower or any Person acting for a Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;

Appears in 2 contracts

Samples: Loan and Security Agreement (Intellicheck Mobilisa, Inc.), Loan and Security Agreement (Derycz Scientific Inc)

Misrepresentations. Borrower or any Person acting for Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Note Document or in any writing delivered to Bank Agent or any Purchaser or to induce Bank Agent or any Purchaser to enter into this Agreement or any Loan other Note Document, and such representation, warranty, or other statement is incorrect in any material respect when made;

Appears in 2 contracts

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

Misrepresentations. Borrower or any Person acting for Borrower Responsible Officer makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;

Appears in 2 contracts

Samples: Loan and Security Agreement (Aspen Aerogels Inc), Loan and Security Agreement (Aspen Aerogels Inc)

Misrepresentations. Any Borrower or any Person acting for such Borrower makes any representation, warranty, or other statement now or later in this Agreement, any other Loan Document or in any writing delivered to Bank or to induce Bank to enter this Agreement or any other Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;

Appears in 2 contracts

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

Misrepresentations. Borrower or any Person acting for Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank Agent or any Lender in connection with or to induce Bank Agent or any Lender to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;

Appears in 2 contracts

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

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Misrepresentations. If Borrower or any Person acting for Borrower makes any representation, warranty, material misrepresentation or other statement material misstatement now or later in any warranty or representation in this Agreement, any Loan Document Agreement or in any writing delivered to Bank Lender or to induce Bank Lender to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;; or

Appears in 2 contracts

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

Misrepresentations. Borrower or any Person acting for Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank Lender or to induce Bank Lender to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;; EXECUTION VERSION

Appears in 2 contracts

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

Misrepresentations. Borrower or any Person acting for Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;

Appears in 2 contracts

Samples: Loan Modification Agreement (Enernoc Inc), Loan and Security Agreement (Enernoc Inc)

Misrepresentations. Borrower or any Person acting for Borrower Borrower, makes any representation, warranty, material misrepresentation or other statement material misstatement now or later in any warranty or representation in this Agreement, any Loan Document Agreement or in any writing delivered to Bank or in order to induce Bank to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;.

Appears in 2 contracts

Samples: Loan and Security Agreement (Broadvision Inc), Loan and Security Agreement (Intraware Inc)

Misrepresentations. Borrower or any Person acting for Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank Collateral Agent and/or the Lenders or to induce Bank Collateral Agent and/or the Lenders to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;

Appears in 2 contracts

Samples: Loan Modification Agreement (PTC Therapeutics, Inc.), Loan Modification Agreement (PTC Therapeutics, Inc.)

Misrepresentations. Borrower or any Person acting for Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is knowingly incorrect in any material respect when made;; or

Appears in 2 contracts

Samples: Loan and Security Agreement (TRIA Beauty, Inc.), Loan and Security Agreement (TRIA Beauty, Inc.)

Misrepresentations. Borrower or any Person acting for Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank Lenders or Agent, or to induce Bank Lenders or Agent to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made or deemed made;; or

Appears in 2 contracts

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

Misrepresentations. If Borrower or any Person acting for Borrower makes any representation, warranty, material misrepresentation or other statement material misstatement now or later in any warranty or representation in this Agreement, any Loan Document Agreement or in any writing delivered to Bank Lender or to induce Bank Lender hereunder to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;; or

Appears in 2 contracts

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

Misrepresentations. If Borrower or any authorized Person acting for Borrower makes any representation, warranty, material misrepresentation or other statement material misstatement now or later in any warranty or representation in this Agreement, in any Loan Document Document, or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;Agreement.

Appears in 2 contracts

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

Misrepresentations. Borrower or any Person acting for Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank Agent or a Lender or to induce Bank Agent or a Lender to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;

Appears in 1 contract

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

Misrepresentations. Borrower Borrowers or any Person acting for Borrower makes Borrowers make any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;

Appears in 1 contract

Samples: Loan and Security Agreement (Healthaxis Inc)

Misrepresentations. If Borrower or any Person acting for Borrower makes any representation, warranty, material misrepresentation or other statement material misstatement now or later in any warranty or representation in this Agreement, any Loan Document Agreement or in any writing delivered to Bank or to induce Bank to enter into this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;.

Appears in 1 contract

Samples: Loan and Security Agreement (Onyx Software Corp/Wa)

Misrepresentations. Borrower or any Person acting for Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;; 13035731v.1

Appears in 1 contract

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

Misrepresentations. If Borrower or any Person acting for Borrower makes any representation, warranty, material misrepresentation or other statement material misstatement now or later in any warranty or representation in this Agreement, any Loan Document Agreement or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;. 9

Appears in 1 contract

Samples: Loan and Security Agreement (Corillian Corp)

Misrepresentations. Borrower or any Person acting for Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank or to induce Bank to enter this Agreement or into any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;

Appears in 1 contract

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

Misrepresentations. If Borrower or any Person acting for Borrower makes any representation, warranty, material misrepresentation or other statement material misstatement now or later in any warranty or representation in this Agreement, any Loan Document Agreement or in any writing delivered to Bank Lender or to induce Bank Lender to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;

Appears in 1 contract

Samples: Loan and Security Agreement (Exa Corp)

Misrepresentations. Either Borrower or any Person acting for such Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;

Appears in 1 contract

Samples: Loan and Security Agreement (GlobalOptions Group, Inc.)

Misrepresentations. Borrower or any Person acting for Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank Agent and/or Lenders or to induce Bank Agent and/or the Lenders to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;

Appears in 1 contract

Samples: Loan and Security Agreement (Tetraphase Pharmaceuticals Inc)

Misrepresentations. If Borrower or any Person acting for Borrower makes any representation, warranty, material misrepresentation or other statement material misstatement now or later in any warranty or representation in this Agreement, any Loan Document Agreement or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;,

Appears in 1 contract

Samples: Loan and Security Agreement (Exe Technologies Inc)

Misrepresentations. Borrower or any Person acting for Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;; 918981.5

Appears in 1 contract

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

Misrepresentations. Borrower or any Person acting for Borrower Responsible Officer makes any representation, warranty, or other written statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document, and such representation, warranty, or other written statement is incorrect in any material respect when made;

Appears in 1 contract

Samples: Loan and Security Agreement (Glowpoint Inc)

Misrepresentations. Borrower or any Person acting for Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank Collateral Agent and/or Lenders or to induce Bank Collateral Agent and/or Lenders to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;; or

Appears in 1 contract

Samples: Loan and Security Agreement (Apex Bioventures Acquisition Corp)

Misrepresentations. Any Borrower or any Person acting for such Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;

Appears in 1 contract

Samples: Loan and Security Agreement (Covad Communications Group Inc)

Misrepresentations. Borrower or any Person acting for Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;

Appears in 1 contract

Samples: Loan and Security Agreement (Novelion Therapeutics Inc.)

Misrepresentations. Borrower or any Person acting for Borrower makes any material representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;; or

Appears in 1 contract

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

Misrepresentations. If Borrower or any Person acting for Borrower makes any representation, warranty, material misrepresentation or other statement material misstatement at the time made now or later in any warranty or representation in this Agreement, any other Loan Document or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;; or

Appears in 1 contract

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

Misrepresentations. Any Borrower or any Person acting for such Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank Lender or to induce Bank Lender to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;

Appears in 1 contract

Samples: Loan and Security Agreement (Zovio Inc)

Misrepresentations. Borrower or any Person acting for Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank Lender or to induce Bank Lender to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;.

Appears in 1 contract

Samples: Joinder Agreement (Yodle Inc)

Misrepresentations. Borrower or any Person acting for Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Note Document or in any writing delivered to Bank Purchaser or to induce Bank Purchaser to enter into this Agreement or any Loan other Note Document, and such representation, warranty, or other statement is incorrect in any material respect when made;

Appears in 1 contract

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

Misrepresentations. If any Borrower or any Person acting for such Borrower makes any representation, warranty, material misrepresentation or other statement material misstatement now or later in any warranty or representation in this Agreement, any Loan Document Agreement or in any writing delivered to Bank or to induce Bank to enter into this Agreement or any other Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;

Appears in 1 contract

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

Misrepresentations. Borrower or any Person acting for Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank Lender in connection with this Agreement or to induce Bank Lender to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;

Appears in 1 contract

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

Misrepresentations. Borrower or any Person acting for Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;

Appears in 1 contract

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

Misrepresentations. A Borrower or any Person acting for a Borrower makes any material representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;

Appears in 1 contract

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

Misrepresentations. Borrower or any Person acting for Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank either Lender or to induce Bank Lenders to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;

Appears in 1 contract

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

Misrepresentations. Borrower or any Person acting for Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan DocumentBank, and such representation, warranty, or other statement is incorrect in any material respect when made;

Appears in 1 contract

Samples: Loan and Security Agreement (Auxilium Pharmaceuticals Inc)

Misrepresentations. A Borrower or any Person acting for a Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank Lender or to induce Bank Lender to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;

Appears in 1 contract

Samples: Loan and Security Agreement (WaferGen Bio-Systems, Inc.)

Misrepresentations. Borrower or any Person acting for Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank Either Lender or to induce Bank Lenders to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;

Appears in 1 contract

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

Misrepresentations. Borrower or any Person acting for Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank the Agent or any Lender or to induce Bank the Lenders to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;; or

Appears in 1 contract

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

Misrepresentations. Borrower or any Person acting for Borrower makes any representation, warranty, or other statement in writing now or later in this Agreement, any Loan Document or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document, and such representation, warranty, or other statement in writing is incorrect in any material respect when made;

Appears in 1 contract

Samples: Loan and Security Agreement (Mips Technologies Inc)

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