Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty, representation, statement, certification, or report made to Lender by Borrower or any officer, employee, agent, or director of Borrower.
Appears in 21 contracts
Samples: Convertible Loan Agreement (Titan Pharmaceuticals Inc), Security Agreement (Enphase Energy, Inc.), Security Agreement (Enphase Energy, Inc.)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty, representation, statement, certification, or report made to Lender by Borrower or any officer, employee, agent, or director of Borrower.
Appears in 7 contracts
Samples: Loan and Security Agreement (Riverbed Technology, Inc.), Loan and Security Agreement (Array Biopharma Inc), Loan and Security Agreement (Vnus Medical Technologies Inc)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty, representation, statement, certification, or report made to Collateral Agent or Lender by Borrower or any officer, employee, agent, or director of Borrower.
Appears in 4 contracts
Samples: Venture Loan and Security Agreement (Titan Pharmaceuticals Inc), Venture Loan and Security Agreement (IMV Inc.), Venture Loan and Security Agreement (CVRx, Inc.)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter is determined to exist in any warranty, representation, statement, certification, or report made to Lender by Borrower or any officer, employee, agent, or director of BorrowerBorrower as of the date such warranty, representation, statement, certification or report is made or deemed made.
Appears in 3 contracts
Samples: Venture Loan and Security Agreement (Entropic Communications Inc), Venture Loan and Security Agreement (Entropic Communications Inc), Consent and Waiver Agreement (Entropic Communications Inc)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty, representation, statement, certification, or report made to Collateral Agent or any Lender by Borrower or any officer, employee, agent, or director of Borrower.
Appears in 3 contracts
Samples: Venture Loan and Security Agreement (Titan Pharmaceuticals Inc), Loan and Security Agreement (D-Wave Quantum Inc.), Venture Loan and Security Agreement (D-Wave Quantum Inc.)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty, representation, statement, certification, or report made to Lender Lenders by Borrower or any officer, employee, agent, or director of Borrower.
Appears in 3 contracts
Samples: Venture Loan and Security Agreement (Sunesis Pharmaceuticals Inc), Venture Loan and Security Agreement (Entropic Communications Inc), Venture Loan and Security Agreement (Entropic Communications Inc)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty, representation, statement, certification, or report made to Collateral Agent or Lender by any Co-Borrower or any officer, employee, agent, or director of any Co-Borrower.
Appears in 3 contracts
Samples: Venture Loan and Security Agreement (Catasys, Inc.), Venture Loan and Security Agreement (Catasys, Inc.), Venture Loan and Security Agreement (Mohawk Group Holdings, Inc.)
Misrepresentations. If If, taken as a whole, any material misrepresentation or material misstatement exists now or hereafter in any warranty, representation, statement, certification, or report made to Lender Lenders by Borrower or any officer, employee, agent, or director of Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (MAP Pharmaceuticals, Inc.), Venture Loan and Security Agreement (MAP Pharmaceuticals, Inc.)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty, representation, statement, certification, or report made to Collateral Agent or any Lender by any Co-Borrower or any officer, employee, agent, or director of any Co-Borrower.
Appears in 2 contracts
Samples: Venture Loan and Security Agreement (Stealth BioTherapeutics Corp), Loan and Security Agreement (Cerecor Inc.)
Misrepresentations. If any material misrepresentation or material misstatement exists now now, when made or hereafter when deemed made in any written warranty, representation, statement, certificationcertificate, or report made to Agent or any Lender by Borrower, any Subsidiary or any Responsible Officer of Borrower or any officer, employee, agent, or director of BorrowerSubsidiary.
Appears in 2 contracts
Samples: Loan and Security Agreement (Urgent.ly Inc.), Loan and Security Agreement (Urgent.ly Inc.)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty, representation, statement, certification, or report made to Collateral Agent or any Lender by Borrower or any officer, employee, agent, or director of Borrower, without regard to any materiality qualifiers contained therein.
Appears in 2 contracts
Samples: Venture Loan and Security Agreement (eASIC Corp), Venture Loan and Security Agreement (eASIC Corp)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty, representation, statement, certification, or report made to Collateral Agent or a Lender by Borrower or any officer, employee, agent, or director of Borrower.
Appears in 2 contracts
Samples: Venture Loan and Security Agreement (Inotek Pharmaceuticals Corp), Venture Loan and Security Agreement (Inotek Pharmaceuticals Corp)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty, representation, statement, certification, or report made to Lender by Borrower or by any executive officer, employee, authorized agent, or director of BorrowerBorrower which relates to the Borrower or the transactions contemplated by the Loan Documents.
Appears in 2 contracts
Samples: Loan and Security Agreement (Maxygen Inc), Loan and Security Agreement (Codexis Inc)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty, representation, statement, certification, or report made to Lender by Borrower or any officer, employee, agent, officer or director of Borrower.
Appears in 2 contracts
Samples: Patent Mortgage and Security Agreement (Hemosense Inc), Loan and Security Agreement (Skystream Networks Inc)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any future warranty, representation, statement, certification, or report made to Lender by Borrower or any officer, employee, agent, or director of Borrower.
Appears in 1 contract
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any written warranty, representation, statement, certification, or report made to Collateral Agent or any Lender by Borrower or any officer, employee, agent, or director of BorrowerBorrower when made or deemed made.
Appears in 1 contract
Samples: Venture Loan and Security Agreement (Argos Therapeutics Inc)
Misrepresentations. If any material misrepresentation or ------------------ material misstatement exists now or hereafter in any warranty, representation, statement, certification, or report made to Lender Lenders or either of them by Borrower or any officer, employee, agent, or director of Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (Copper Mountain Networks Inc)
Misrepresentations. If any material misrepresentation or material misstatement exists now when made or hereafter when deemed made in any written warranty, representation, statement, certificationcertificate, or report made to Agent or any Lender by Borrower, any Subsidiary or any Responsible Officer of Borrower or any officer, employee, agent, or director of BorrowerSubsidiary.
Appears in 1 contract
Misrepresentations. If any material misrepresentation or material misstatement of a material fact exists now or hereafter in any warranty, representation, statement, certification, or report made to Lender by Borrower or any officer, employee, agent, or director of Borrower.
Appears in 1 contract
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty, representation, statement, certification, or report made to Collateral Agent or Lender by Borrower or on behalf of any officer, employee, agent, or director of Co-Borrower.
Appears in 1 contract
Samples: Venture Loan and Security Agreement (Castle Creek Biosciences, Inc.)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter exists when made in any written warranty, representation, statement, certificationcertificate, or report made to Lender by Borrower or any officer, employee, agent, or director of Borrower.
Appears in 1 contract
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty, representation, statement, certification, or report made to Lender Bank by any Borrower or any officer, employee, agent, or director of any Borrower.
Appears in 1 contract
Misrepresentations. If any material misrepresentation or material misstatement exists now now, when made or hereafter when deemed made in any written warranty, representation, statement, certificationcertificate, or report made to any Agent or Lender by Borrower or any officer, employee, agent, or director Responsible Officer of Borrower.
Appears in 1 contract
Samples: Equipment Loan and Security Agreement (Beyond Meat, Inc.)
Misrepresentations. If any material misrepresentation or material misstatement exists now was made or hereafter is made in any warranty, representation, statement, certification, or report made to a Lender by any Co-Borrower or any officer, employee, agent, or director of any Co-Borrower.
Appears in 1 contract
Samples: Venture Loan and Security Agreement (Satcon Technology Corp)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty, representation, statement, certification, or report made to Collateral Agent or any Lender by any Co-Borrower or any officer, employee, agent, or director of Borrowerany Co-Borrower when made or deemed made.
Appears in 1 contract
Samples: Venture Loan and Security Agreement (vTv Therapeutics Inc.)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty, representation, statement, certification, or report made to Lender by Borrower any of the Borrowers or any officer, employee, agent, or director of Borrowerany of the Borrowers.
Appears in 1 contract
Samples: Venture Loan and Security Agreement (Everyday Health, Inc.)
Misrepresentations. If any material misrepresentation or material misstatement of a material fact exists now or hereafter in any warranty, representation, statement, certification, or report made to Lender Lenders by Borrower or any officer, employee, agent, or director of Borrower.
Appears in 1 contract
Samples: Venture Loan and Security Agreement (Northstar Neuroscience, Inc.)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty, representation, statement, certification, or report made to Lender by Borrower or any officer, employee, agent, or director of Borrower.
Appears in 1 contract
Samples: Venture Loan and Security Agreement (Interleukin Genetics Inc)
Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty, representation, statement, certification, statement or report set forth herein or made to Servicing Agent or any Lender by Borrower or any officer, employee, agent, officer or director of BorrowerBorrower pursuant to this Agreement.
Appears in 1 contract
