Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.
Appears in 308 contracts
Samples: Loan and Security Agreement (Citadel Security Software Inc), Loan and Security Agreement (Winc, Inc.), Loan and Security Agreement (Natera, Inc.)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.; or
Appears in 51 contracts
Samples: Loan and Security Agreement (Safeguard Scientifics Inc), Loan and Security Agreement (Backblaze, Inc.), Loan and Security Agreement (Oxford Immunotec Global PLC)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate or writing delivered to Bank by Borrower or any Responsible Officer Person acting on Borrower's behalf pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.
Appears in 42 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement, Loan and Security Agreement (Imanage Inc)
Misrepresentations. If any material misrepresentation or ------------------ material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.
Appears in 13 contracts
Samples: Loan and Security Agreement (Inktomi Corp), Loan Agreement (Ultradata Corp), Loan and Security Agreement (Inktomi Corp)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank Lender by any Responsible Officer pursuant to this Agreement or to induce Bank Lender to enter into this Agreement or any other Loan Document.
Appears in 11 contracts
Samples: Loan and Security Agreement (Pac-West Telecomm Inc), Loan and Security Agreement (Vuzix Corp), Assignment and Assumption Agreement (Vuzix Corp)
Misrepresentations. If any material misrepresentation or material ------------------ misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.
Appears in 11 contracts
Samples: Loan and Security Agreement (Verisity LTD), Loan and Security Agreement (Inktomi Corp), Loan and Security Agreement (Curon Medical Inc)
Misrepresentations. If any material misrepresentation or material ------------------ misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate or writing delivered to Bank by Borrower or any Responsible Officer Person acting on Borrower's behalf pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.
Appears in 8 contracts
Samples: Loan and Security Agreement (Silicon Gaming Inc), Loan and Security Agreement (Esperion Therapeutics Inc/Mi), Loan and Security Agreement (C-Bridge Internet Solutions Inc)
Misrepresentations. If any material Any misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein herein, in any other Loan Document or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or any other Loan Document, or to induce Bank to enter into this Agreement or any other Loan Document.
Appears in 8 contracts
Samples: Loan and Security Agreement (Cea Acquisition Corp), Centura Loan and Security Agreement (Portfolio Recovery Associates Inc), Loan and Security Agreement (Unilens Vision Inc)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.;
Appears in 8 contracts
Samples: Loan and Security Agreement (Applied Optoelectronics, Inc.), Loan and Security Agreement (Concur Technologies Inc), Loan and Security Agreement (Glowpoint, Inc.)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank Agent or any Lender by any Responsible Officer pursuant to this Agreement or to induce Bank Agent or any Lender to enter into this Agreement or any other Loan Document.
Appears in 6 contracts
Samples: Loan and Security Agreement (Kala Pharmaceuticals, Inc.), Loan and Security Agreement (Kala Pharmaceuticals, Inc.), Loan and Security Agreement (Asante Solutions, Inc.)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank as of the date such representation or warranty was made by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.
Appears in 6 contracts
Samples: Loan and Security Agreement (Sonic Solutions/Ca/), Security Agreement (Sonic Solutions/Ca/), Loan and Security Agreement (Ultra Clean Holdings Inc)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document; or.
Appears in 5 contracts
Samples: Loan and Security Agreement (MR2 Group, Inc.), Loan and Security Agreement (Bridgeline Digital, Inc.), Loan and Security Agreement (Spectrum Global Solutions, Inc.)
Misrepresentations. If any material Any misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein herein, in any other Loan Document or in any certificate delivered to any Bank by any Responsible Officer pursuant to this Agreement or any other Loan Document, or to induce any Bank to enter into this Agreement or any other Loan Document.
Appears in 5 contracts
Samples: Loan and Security Agreement (Portfolio Recovery Associates Inc), Loan and Security Agreement (Portfolio Recovery Associates Inc), Loan and Security Agreement (Portfolio Recovery Associates Inc)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan DocumentDocument when made or deemed made.
Appears in 4 contracts
Samples: Loan and Security Agreement (Unum Therapeutics, Inc.), Loan and Security Agreement (Allena Pharmaceuticals, Inc.), Loan and Security Agreement (Allena Pharmaceuticals, Inc.)
Misrepresentations. If any material misrepresentation or material misstatement exists when made or deemed made now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.; or
Appears in 4 contracts
Samples: Loan and Security Agreement (Upland Software, Inc.), Loan and Security Agreement (Upland Software, Inc.), Loan and Security Agreement (Upland Software, Inc.)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank Lender, including any Borrowing Notice, by any Responsible Officer pursuant to this Agreement or to induce Bank Lender to enter into this Agreement or any other Loan Document.
Appears in 4 contracts
Samples: Loan and Security Agreement (Netratings Inc), Loan and Security Agreement (Netratings Inc), Loan and Security Agreement (Netratings Inc)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank any Lender by any Responsible Officer pursuant to this Agreement or to induce Bank any Lender to enter into this Agreement or any other Loan Document.
Appears in 4 contracts
Samples: Loan and Security Agreement (Enphase Energy, Inc.), Loan and Security Agreement (Enphase Energy, Inc.), Loan and Security Agreement (Enphase Energy, Inc.)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter when made or when deemed made in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.
Appears in 4 contracts
Samples: Loan and Security Agreement (Rocket Fuel Inc.), Loan and Security Agreement (Rocket Fuel Inc.), Loan and Security Agreement (Rocket Fuel Inc.)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate or writing delivered to Bank by Borrower or any Responsible Officer Person acting on Borrower's behalf pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.; or
Appears in 4 contracts
Samples: Loan and Security Agreement (Safeguard Health Enterprises Inc), Loan and Security Agreement (Objectspace Inc), Asset Purchase Agreement (Ross Technology Inc)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any other Loan Document or certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.
Appears in 3 contracts
Samples: Loan and Security Agreement (Silvaco Group, Inc.), Loan and Security Agreement (Journey Medical Corp), Loan and Security Agreement (Journey Medical Corp)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate or writing delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.
Appears in 3 contracts
Samples: Loan and Security Agreement (Ribogene Inc / Ca/), Loan and Security Agreement (Visual Networks Inc), Subordination Agreement (Hybrid Networks Inc)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter exists in any representation or warranty or representation set forth herein in this Agreement or in any certificate delivered or Advance Request submitted to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan DocumentLender in connection with the Loan.
Appears in 3 contracts
Samples: Loan Agreement (Carey Watermark Investors Inc), Loan Agreement (Carey Watermark Investors 2 Inc), Loan Agreement (Corporate Property Associates 18 Global Inc)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Documentthe Guaranty.
Appears in 3 contracts
Samples: Security Agreement (Aquinox Pharmaceuticals (Usa) Inc), Security Agreement (Aquinox Pharmaceuticals, Inc), Security Agreement (Solta Medical Inc)
Misrepresentations. If any material misrepresentation or material misstatement exists when made now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.
Appears in 3 contracts
Samples: Loan and Security Agreement (908 Devices Inc.), Loan and Security Agreement (908 Devices Inc.), Loan and Security Agreement (908 Devices Inc.)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter when made in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.
Appears in 3 contracts
Samples: Loan and Security Agreement (Heat Biologics, Inc.), Loan and Security Agreement (Akesis Pharmaceuticals, Inc.), Loan and Security Agreement (GCT Semiconductor Inc)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.
Appears in 3 contracts
Samples: Loan and Security Agreement (Taiwan Liposome Company, Ltd.), Loan and Security Agreement (Taiwan Liposome Company, Ltd.), Loan and Security Agreement (Taiwan Liposome Company, Ltd.)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document. 9.
Appears in 3 contracts
Samples: Loan and Security Agreement (Scientific Learning Corp), Loan and Security, Agreement (Jetfax Inc), Loan and Security Agreement (Consilium Inc)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank Lender by any Responsible Officer pursuant to this Agreement or to induce Bank Lender to enter into this Agreement or any other Loan Document.;
Appears in 3 contracts
Samples: Loan and Security Agreement (U-Swirl, Inc.), Loan and Security Agreement (Rocky Mountain Chocolate Factory Inc), Loan and Security Agreement (Enservco Corp)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein in (a) any Loan Document or in the Merger Agreement or (b) any document or certificate delivered to Bank by any Responsible Officer Lender (i) pursuant to this any Loan Document or the Merger Agreement or (ii) to induce Bank Lender to enter into this Agreement any Loan Document or any other Loan Documentthe Merger Agreement.
Appears in 2 contracts
Samples: Loan and Security Agreement (Starbase Corp), Loan and Security Agreement (Borland Software Corp)
Misrepresentations. If any material misrepresentation or material misstatement exists exists, when made or deemed made, now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.
Appears in 2 contracts
Samples: Loan and Security Agreement (Everbridge, Inc.), Loan and Security Agreement (Everbridge, Inc.)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.
Appears in 2 contracts
Samples: Revolving Credit and Term (Motorvac Technologies Inc), Loan Agreement (Stanford Microdevices Inc)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate or writing delivered to Bank by Borrower or any Responsible Officer Subsidiary or any Person acting on Borrower's or any Subsidiaries' behalf pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.
Appears in 2 contracts
Samples: Loan and Security Agreement (Hie Inc), Loan and Security Agreement (Hie Inc)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank Lenders by any Responsible Officer pursuant to this Agreement and the Original Credit Agreement or to induce Bank Lenders to enter into this Agreement or any other Loan Document.; or
Appears in 2 contracts
Samples: Credit Agreement (Trupanion Inc.), Credit Agreement (Trupanion Inc.)
Misrepresentations. If any material misrepresentation or material misstatement exists now when made or hereafter deemed made in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.
Appears in 2 contracts
Samples: Loan and Security Agreement (Nutanix, Inc.), Loan and Security Agreement (Nutanix, Inc.)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.
Appears in 2 contracts
Samples: Loan and Security Agreement (Proteinsimple), Loan and Security Agreement (Reliant Technologies Inc)
Misrepresentations. If any material misrepresentation or material misstatement exists now as of the date made or hereafter deemed made in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.
Appears in 2 contracts
Samples: Loan and Security Agreement (Auspex Pharmaceuticals, Inc.), Loan and Security Agreement (Auspex Pharmaceuticals, Inc.)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.; and
Appears in 2 contracts
Samples: Loan and Security Agreement (Maxwell Technologies Inc), Loan and Security Agreement (Maxwell Technologies Inc)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan DocumentDocument as of the date such representation or warranty was made or deemed made.
Appears in 2 contracts
Samples: Loan and Security Agreement (CS Disco, Inc.), Loan and Security Agreement (CS Disco, Inc.)
Misrepresentations. If any material misrepresentation or material ------------------ misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank Creditor by any Responsible Officer pursuant to this Agreement or to induce Bank Creditor to enter into this Agreement or any other Loan Document.
Appears in 2 contracts
Samples: Loan and Security Agreement (Iprint Technologies Inc), Loan and Security Agreement (Iprint Technologies Inc)
Misrepresentations. If any material misrepresentation or material misstatement exists now or when made hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.
Appears in 2 contracts
Samples: Loan and Security Agreement (Cas Medical Systems Inc), Loan and Security Agreement (Cas Medical Systems Inc)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.Document which could reasonably be expected to have a Material Adverse Effect; or
Appears in 2 contracts
Samples: Loan and Security Agreement (Convio, Inc.), Loan and Security Agreement (Convio, Inc.)
Misrepresentations. If any material misrepresentation or material misstatement exists now when made or hereafter deemed made in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.
Appears in 2 contracts
Samples: Loan and Security Agreement (Align Technology Inc), Loan and Security Agreement (Align Technology Inc)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any report, certificate or other writing delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.
Appears in 2 contracts
Samples: Loan and Security Agreement (Precision Biosciences Inc), Loan and Security Agreement (Precision Biosciences Inc)
Misrepresentations. If any a material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.
Appears in 2 contracts
Samples: Loan and Security Agreement (Vans Inc), Loan and Security Agreement (Vans Inc)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter as of the date made in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.
Appears in 2 contracts
Samples: Loan and Security Agreement (Enumeral Biomedical Holdings, Inc.), Loan and Security Agreement (Enumeral Biomedical Holdings, Inc.)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank Lender by any Responsible Officer Borrower or EESV pursuant to this Loan Agreement or to induce Bank Lender to enter into this Loan Agreement or any other Loan Document.
Appears in 2 contracts
Samples: Term Loan and Security Agreement (Environmental Energy Services Inc), Term Loan and Security Agreement (Blaze Energy Corp.)
Misrepresentations. If any material misrepresentation or ------------------ material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank Creditor by any Responsible Officer pursuant to this Agreement or to induce Bank Creditor to enter into this Agreement or any other Loan Document.
Appears in 2 contracts
Samples: Loan and Security Agreement (Iprint Technologies Inc), Loan and Security Agreement (Iprint Technologies Inc)
Misrepresentations. If any Any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein herein, in any other Loan Document or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or any other Loan Document, or to induce Bank to enter into this Agreement or any other Loan Document.
Appears in 2 contracts
Samples: Loan and Security Agreement (Verilink Corp), Bank Loan and Security Agreement (API Technologies Corp.)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank Lenders by any Responsible Officer pursuant to this Agreement or to induce Bank Lenders to enter into this Agreement or any other Loan Document.
Appears in 2 contracts
Samples: Loan and Security Agreement (Imageware Systems Inc), Loan and Security Agreement (Imageware Systems Inc)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate or writing delivered to Bank by Borrower or any Responsible Officer Person acting on Borrower’s behalf pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.
Appears in 2 contracts
Samples: Loan and Security Agreement (Anda Networks Inc), Loan and Security Agreement (Focus Enhancements Inc)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter existed in any warranty or representation representation, when made, set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.
Appears in 2 contracts
Samples: Loan and Security Agreement (Silk Road Medical Inc), Loan and Security Agreement (Silk Road Medical Inc)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate or writing delivered to to. Bank by Borrower or any Responsible Officer Person acting on Borrower's behalf pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.
Appears in 2 contracts
Samples: Loan and Security Agreement (Maker Communications Inc), Loan and Security Agreement (Maker Communications Inc)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter (as of the date when made or deemed made) in any warranty or representation set forth herein or in any certificate or writing delivered to Bank by Borrower or any Responsible Officer Person acting on Borrower's behalf pursuant to this Agreement or or, to induce Bank to enter into this Agreement or any other Loan Document.
Appears in 2 contracts
Samples: Loan and Security Agreement (General Magic Inc), Loan and Security Agreement (General Magic Inc)
Misrepresentations. If any material misrepresentation or ------------------ material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate or writing delivered to Bank by Borrower or any Responsible Officer Person acting on Borrower's behalf pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.
Appears in 2 contracts
Samples: Loan and Security Agreement (Manhattan Associates Inc), Loan and Security Agreement (Matrixone Inc)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to any Bank by any Responsible Officer pursuant to this Agreement or to induce any Bank to enter into this Agreement or any other Loan Document.
Appears in 1 contract
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.Document which is reasonably likely to result in a Material Adverse Effect;
Appears in 1 contract
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer Debtor pursuant to this Agreement or the Guaranty or to induce Bank to enter into this Agreement or any other Loan Documentthe Guaranty.
Appears in 1 contract
Samples: Security Agreement (Netlist Inc)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate or writing delivered to Bank by Borrower or any Responsible Officer Person acting on Borrower's behalf pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.
Appears in 1 contract
Samples: Loan and Security Agreement (Mobius Management Systems Inc)
Misrepresentations. If any material misrepresentation or ------------------ material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate or writing delivered to Bank any Lender by Borrower or any Responsible Officer Person acting on Borrower's behalf pursuant to this Agreement agreement or to induce Bank lender to enter into this Agreement agreement or any other Loan Document.
Appears in 1 contract
Misrepresentations. If any material misrepresentation or material misstatement when made or deemed made exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank Agent by any Responsible Officer pursuant to this Agreement or to induce Bank Lenders to enter into this Agreement or any other Loan Document.. 8.11
Appears in 1 contract
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan loan Document.
Appears in 1 contract
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any report, certificate or other writing delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.; or
Appears in 1 contract
Samples: Loan and Security Agreement (Ekso Bionics Holdings, Inc.)
Misrepresentations. If any material misrepresentation or material ---- ------------------ misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate or writing delivered to Bank by Borrower or any Responsible Officer Person acting on Borrower's behalf pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.
Appears in 1 contract
Samples: Loan and Security Agreement (Seachange International Inc)
Misrepresentations. If there exists any material misrepresentation or material misstatement exists now on or hereafter as of the date made in any warranty or representation set forth herein or in any certificate delivered to Servicing Agent or any Bank by any Responsible Officer pursuant to this Agreement or to induce Bank the Banks to enter into this Agreement or any other Loan Document.
Appears in 1 contract
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.
Appears in 1 contract
Samples: Loan and Security Agreement
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.any
Appears in 1 contract
Misrepresentations. If any Any material misrepresentation or material misstatement that exists now or comes into being hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank Lenders by any Responsible Officer pursuant to this Agreement or to induce Bank Lenders to enter into this Agreement or any other Loan Document.
Appears in 1 contract
Samples: Master Security Agreement
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation representation, when made, set forth herein or in any Loan Document, certificate or other writing delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.; 8.9
Appears in 1 contract
Samples: Loan and Security Agreement (BlackSky Technology Inc.)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter at the time made in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.
Appears in 1 contract
Misrepresentations. If any Any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.
Appears in 1 contract
Samples: Loan and Security Agreement (Integrated Security Systems Inc)
Misrepresentations. If any material misrepresentation or ------------------ material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate or writing delivered to Bank by any Responsible Officer Borrower or any Person acting on such Borrower's behalf pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.
Appears in 1 contract
Samples: Loan and Security Agreement (SQL Financials International Inc /De)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.. [ TABLE OF CONTENTS ]
Appears in 1 contract
Samples: Loan and Security Agreement (Vitalstream Holdings Inc)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any report or certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.; or
Appears in 1 contract
Samples: Loan and Security Agreement (Xilio Therapeutics, Inc.)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank Lender by any Responsible Officer pursuant to this Agreement or to induce Bank Lender to enter into this Agreement or any other Loan Document.; or
Appears in 1 contract
Samples: Credit Agreement (Trupanion Inc.)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter existed at the time such representation and warrant was made in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.
Appears in 1 contract
Samples: Loan and Security Agreement (Women Com Networks Inc)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document, whether such warranty or representation is given now or hereafter.
Appears in 1 contract
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.Document except to the extent that the making of any such misrepresentation or misstatement would not have and would not reasonably be likely to have a Material Adverse Effect;
Appears in 1 contract
Samples: Loan and Security Agreement (Biolase Technology Inc)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or any other Loan Document or to induce Bank to enter into this Agreement or any other Loan Document.
Appears in 1 contract
Samples: Loan and Security Agreement (CNL Strategic Capital, LLC)
Misrepresentations. If any material written misrepresentation or material written misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document. 9.
Appears in 1 contract
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer Representative pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.Document which is reasonably likely to result in a Material Adverse Effect; or
Appears in 1 contract
Samples: Loan and Security Agreement (Wj Communications Inc)
Misrepresentations. If any material misrepresentation or material misstatement exists now or as of any date made or deemed made or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.; or
Appears in 1 contract
Samples: Loan and Security Agreement (Invision Technologies Inc)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank Lender by any Responsible Officer pursuant to this Agreement Note or to induce Bank Lender to enter into this Agreement Note or any other Loan Document, in each case when made.
Appears in 1 contract
Samples: Altmore BDC, Inc.
Misrepresentations. If any Any material misrepresentation or material misstatement exists shall exist now or hereafter in any warranty warranty, representation, or representation statement set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement Borrower or to induce Bank to enter into this Agreement or any other Loan Document.
Appears in 1 contract
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Letter of Credit Document.
Appears in 1 contract
Samples: Credit Agreement (Brocade Communications Systems Inc)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate or writing delivered to Bank by any Responsible Officer Borrower or any Person acting on any Borrower's behalf pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.
Appears in 1 contract
Samples: Loan and Security Agreement (Simione Central Holdings Inc)
Misrepresentations. If If, as of the date made or deemed made, any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.; and
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Misrepresentations. If any material misrepresentation or ------------------ material misstatement exists now or hereafter in any material warranty or material representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document, as of the date of such warranty or representation.
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Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter as of the date made or deemed made in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.
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Samples: Loan and Security Agreement (Cidara Therapeutics, Inc.)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan DocumentDocument determined as of the time such representation or warranty was made.
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Misrepresentations. If any material misrepresentation or material misstatement exists when made now or hereafter in any warranty or representation set forth herein or in any report, certificate or other writing delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.
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Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer Borrower pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.
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Samples: Loan and Security Agreement (Egain Communications Corp)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Authorized Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.
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Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter existed in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan DocumentDocument at the time such representation or warranty was made or such certificate was delivered.
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Samples: Loan Modification Agreement (Alteon Websystems Inc)
Misrepresentations. If any material misrepresentation or material ------------------ misstatement exists now as of date made or hereafter the date deemed to be made in any warranty or representation set forth herein or in any certificate or writing delivered to Bank by Borrower or any Responsible Officer Person acting on Borrower's behalf pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.
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Samples: Loan and Security Agreement (Copper Mountain Networks Inc)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation (in each case, when made) set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.
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Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in of any warranty or representation set forth herein in this Agreement or in any certificate writing delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.; or
Appears in 1 contract
Samples: Loan and Security Agreement (North American Scientific Inc)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to any Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.
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Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any ay warranty or representation set forth herein or in any nay certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.
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Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank Administrative Agent or Lenders by any Responsible Officer pursuant to this Agreement or to induce Bank Lenders to enter into this Agreement or any other Loan Document.; or
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Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter at the time furnished to the Bank in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.; or
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