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 459 contracts
Samples: Loan and Security Agreement (Couchbase, Inc.), Loan and Security Agreement (Weave Communications, Inc.), Loan and Security Agreement (Homology Medicines, 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 137 contracts
Samples: Loan and Security Agreement (GSV Capital Corp.), Loan and Security Agreement (NMS Communications Corp), Loan and Security Agreement (Art Technology 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;; or
Appears in 78 contracts
Samples: Loan and Security Agreement (Pubmatic, Inc.), Loan and Security Agreement (Pubmatic, Inc.), Loan and Security Agreement
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 64 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (Saba Software Inc), Loan and Security Agreement (Kintera 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 33 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (Bluearc Corp), Loan and Security Agreement (Infinera 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 (Hearme), 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 23 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (Ulthera Inc), Loan and Security Agreement (Everyday Health, 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 19 contracts
Samples: Subordinate Loan and Security Agreement (S&W Seed Co), Subordinate Loan and Security Agreement (S&W Seed Co), Subordinate Loan and Security Agreement (S&W Seed Co)
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: Mezzanine Loan and Security Agreement (Grove Collaborative Holdings, Inc.), Loan and Security Agreement (Social Capital Suvretta Holdings Corp. I), Loan and Security Agreement (Social Capital Suvretta Holdings Corp. I)
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 (Regado Biosciences Inc), Loan and Security Agreement (Regado Biosciences Inc), Loan and Security Agreement (Nupathe 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 13 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (Sunesis Pharmaceuticals Inc), Loan and Security Agreement (Omeros Corp)
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 10 contracts
Samples: Loan and Security Agreement (BioAge Labs, Inc.), Loan and Security Agreement (Sunesis Pharmaceuticals Inc), Loan and Security Agreement (Lipocine 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 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 Modification Agreement (A123 Systems, Inc.), Loan and Security Agreement (Poniard Pharmaceuticals, Inc.), Loan and Security Agreement (Acclarent 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 (Visual Networks Inc), Loan and Security Agreement (Manugistics Group 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 (Overland Storage Inc), Loan and Security Agreement (Aviat Networks, Inc.), Loan and Security Agreement (Channeladvisor Corp)
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 (TrueCar, Inc.), Loan and Security Agreement (TrueCar, Inc.), Loan and Security Agreement (Advanced Photonix 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 (Chimerix Inc), Loan and Security Agreement (Chimerix Inc), Loan and Security Agreement (Peregrine 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;
Appears in 7 contracts
Samples: Loan Modification Agreement, Loan and Security Agreement, Loan and Security Agreement (Avalara 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 (Adaptive Insights Inc), Loan and Security Agreement (Adaptive Insights 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 (Corindus Vascular Robotics, Inc.), Loan and Security Agreement (Clearside Biomedical, Inc.), Loan and Security Agreement (Tranzyme 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 (Forescout Technologies, Inc), Loan and Security Agreement (Forescout Technologies, Inc), Loan and Security Agreement (interCLICK, 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 (Channeladvisor Corp), Loan and Security Agreement (Metabasis 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;; 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 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 (Synacor, Inc.), And Security Agreement (Stereotaxis, 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. 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 (Alpine Immune Sciences, Inc.), Loan and Security Agreement (Lojack 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 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. 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 4 contracts
Samples: Loan Disbursement Instructions (Hamilton Lane INC), Revolving Loan and Security Agreement (Hamilton Lane INC), Term Loan and Security Agreement (Hamilton Lane 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 (Eargo, Inc.), Loan and Security Agreement (Ignyta, Inc.), Loan and Security Agreement (Intermolecular 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 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 (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 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. 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 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. 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 (BK Technologies Corp), Loan and Security Agreement (Harmonic Inc), Loan and Security Agreement (Relm Wireless 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 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 3 contracts
Samples: Mezzanine Loan and Security Agreement, 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 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. 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: Loan and Security Agreement (Global Telecom & Technology, Inc.), Silicon Valley Bank Loan and Security Agreement (Global Telecom & Technology, 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. 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 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 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 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 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 (Intraware Inc), Loan and Security Agreement (Broadvision 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. 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 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 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 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. 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 (Hyperion Therapeutics Inc), Loan and Security Agreement (Ardea Biosciences, Inc./De)
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 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. 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. 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. 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 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. 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 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 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. 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 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. 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 (Phase2media Inc), Loan and Security Agreement (LTX Corp)
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. 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.)
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
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 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 (Apellis Pharmaceuticals, 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 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 (Plumtree Software 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 any 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
Misrepresentations. Borrower or any Person acting for Borrower makes any written representation, warranty, or other written statement now or later in with respect to 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 (Sagent 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, and/or if Borrower or any Person acting for Borrower makes any representation, warranty, or other statement now or later in the ISR Debentures and such representation, warranty, or other statement is incorrect;
Appears in 1 contract
Misrepresentations. If Borrower or any Person acting for Borrower makes any representation, warranty, material misrepresentation or other statement material misstatement when made (now or later 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 1 contract
Samples: Loan and Security Agreement (Fusion Medical 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 any Lender or to induce Bank 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 1 contract
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 Agents, or to induce Bank Lenders or Agents 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 1 contract
Misrepresentations. Borrower or any Person acting for Borrower makes any written 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 written representation, warranty, or other statement is incorrect in any material respect when made;; or
Appears in 1 contract
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 1 contract
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 1 contract
Samples: Loan and Security Agreement (MRV 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 Agent or Lenders or to induce Bank 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 1 contract
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
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
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 other Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;
Appears in 1 contract
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
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 either Borrower or any Person acting for either 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 pursuant to this Agreement 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
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 the Agent or to induce Bank the 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
Appears in 1 contract
Samples: Loan and Security Agreement (EnergyConnect 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
Misrepresentations. If Borrower or any Person acting for Borrower makes any representation, warranty, or other statement now or later makes any material misrepresentation or material misstatement 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 1 contract
Samples: Loan and Security Agreement (Inspire Pharmaceuticals Inc)
Misrepresentations. Borrower Borrower, General Partner 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
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 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 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. 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 tins Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;
Appears in 1 contract
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
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. 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
Misrepresentations. Borrower or any Person acting for Borrower makes any written 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 written representation, warranty, or other statement is incorrect in any material respect when made;
Appears in 1 contract
Samples: Loan and Security Agreement (Supernus Pharmaceuticals Inc)
