Common use of Other Covenants Required Actual Complies Clause in Contracts

Other Covenants Required Actual Complies. Permitted Indebtedness for equipment leases <$2,000,000 __________________________ YES NO Permitted Investments for stock repurchase <$750,000 __________________________ YES NO Permitted Investments for subsidiaries <$500,000 __________________________ YES NO Permitted Investments for employee loans (cashless) <$2,000,000 __________________________ YES NO Permitted Investments for joint ventures <$500,000 __________________________ YES NO Permitted Liens for equipment leases <$2,000,000 __________________________ YES NO Permitted Transfers <$300,000 __________________________ YES NO Please Enter Below Comments Regarding Violations: The Officer further acknowledges that at any time Borrower is not in compliance with all the terms set forth in the Agreement, including, without limitation, the financial covenants, no credit extensions will be made. Very truly yours, Authorized Signer Name: Title: EXECUTION FOURTH AMENDMENT AND WAIVER TO LOAN AND SECURITY AGREEMENT This Fourth Amendment and Waiver to Loan and Security Agreement (this “Amendment”) is entered into as of September 10, 2018, by and among COMERICA BANK (“Bank”), XXXX, INC., a Delaware corporation (“Parent”) and WARBY XXXXXX RETAIL, INC., a Delaware corporation (“WPRI”; or together with Parent each a “Borrower” and collectively the “Borrowers”).

Appears in 1 contract

Samples: Loan and Security Agreement (Warby Parker Inc.)

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Other Covenants Required Actual Complies. Permitted Indebtedness for equipment leases <$2,000,000 ___200,000 _______________________ YES NO Permitted Investments for stock repurchase <$750,000 ___200,000 _______________________ YES NO Permitted Investments for subsidiaries <$500,000 ___200,000 _______________________ YES NO Permitted Investments for employee loans (cashless) <$2,000,000 ___200,000 _______________________ YES NO Permitted Investments for joint ventures <$500,000 ___200,000 _______________________ YES NO Permitted Liens for equipment leases <$2,000,000 ___200,000 _______________________ YES NO Permitted Transfers <$300,000 ___200,000 _______________________ YES NO Please Enter Below Comments Regarding Violations: The Officer further acknowledges that at any time Borrower is not in compliance with all the terms set forth in the Agreement, including, without limitation, the financial covenants, . no credit extensions will be made. Very truly yours, Authorized Signer Name: Title: EXECUTION FOURTH AMENDMENT CORPORATION RESOLUTIONS AND WAIVER INCUMBENCY CERTIFICATION AUTHORITY TO LOAN AND SECURITY AGREEMENT This Fourth Amendment PROCURE LOANS I certify that I am the duly elected and Waiver to Loan and Security Agreement qualified Secretary of AUGMEDIX, INC. (this the Amendment”) is entered into as of September 10, 2018, by and among COMERICA BANK (“BankCorporation”), XXXXand the keeper of the records of the Corporation; that the following is a true and correct copy of resolutions duly adopted by the Board of Directors of the Corporation in accordance with its bylaws and applicable statutes. Copy of Resolutions: Be it Resolved, INC., a Delaware corporation (“Parent”) and WARBY XXXXXX RETAIL, INC., a Delaware corporation (“WPRI”; or together with Parent each a “Borrower” and collectively the “Borrowers”).that:

Appears in 1 contract

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

Other Covenants Required Actual Complies. Permitted Indebtedness for equipment leases <$2,000,000 __________________________ YES NO Permitted Investments for stock repurchase <$750,000 ________135,000,000 __________________ YES NO Permitted Investments for subsidiaries <$500,000 __________________________ YES NO Permitted Investments for employee loans (cashless) travel advances <$2,000,000 ________500,000 __________________ YES ☐ NO Permitted Investments for employee loans (cashless) No limit __________________ ☐ YES ☐ NO Permitted Investments for joint ventures <$500,000 __________________________ YES NO Permitted Liens for equipment leases <$2,000,000 __________________________ YES NO Permitted Transfers <$300,000 __________________________ YES NO Please Enter Below Comments Regarding Violations: The Officer further acknowledges that at any time Borrower is not in compliance with all the terms set forth in the Agreement, including, without limitation, the financial covenants, no credit extensions will be made. The Officer further acknowledges and agrees that his/her electronic signature below constitutes a true certification of the matters indicated in this Compliance Certificate. Very truly yours, Authorized Signer Name: Title: EXECUTION FOURTH AMENDMENT CORPORATION RESOLUTIONS AND WAIVER INCUMBENCY CERTIFICATIONAUTHORITY TO LOAN AND SECURITY AGREEMENT This Fourth Amendment PROCURE LOANS I certify that I am the duly elected and Waiver to Loan and Security Agreement (this “Amendment”) is entered into as qualified Secretary of September 10, 2018, by and among COMERICA BANK (“Bank”), XXXX, INC., a Delaware corporation (“Parent”) and WARBY XXXXXX RETAIL, INC., a Delaware corporation (“WPRI”; or together with Parent each a “Borrower” and collectively the “BorrowersCorporation”)., and the keeper of the records of the Corporation; that the following is a true and correct copy of resolutions duly adopted by the Board of Directors of the Corporation in accordance with its bylaws and applicable statutes. Copy of Resolutions: Be it Resolved, that:

Appears in 1 contract

Samples: Loan and Security Agreement (Warby Parker Inc.)

Other Covenants Required Actual Complies. Permitted Indebtedness for equipment leases <$2,000,000 __________________________ YES NO Permitted Investments for stock repurchase <$750,000 __________________________ YES NO Permitted Investments for subsidiaries <$500,000 __________________________ YES NO Permitted Investments for employee loans (cashlessloans(cashless) <$2,000,000 _____________10,000,000 _____________ YES NO Permitted Investments for joint ventures <$500,000 __________________________ YES NO Permitted Liens for equipment leases <$2,000,000 __________________________ YES NO Permitted Transfers <$300,000 __________________________ YES NO Please Enter Below Comments Regarding Violations: The Officer further acknowledges that at any time any Borrower is not in compliance with all the terms set forth in the Agreement, including, without limitation, the financial covenants, no credit extensions will be made. Very truly yours, . /s/ Xxxxx Xxxxxx Authorized Signer Name: XXXXX XXXXXX Title: EXECUTION FOURTH AMENDMENT AND WAIVER TO LOAN AND SECURITY AGREEMENT This Fourth Amendment CFO Corporation Resolutions and Waiver Incumbency Certification Authority to Loan Procure Loans I certify that I am the duly elected and Security Agreement (this “Amendment”) is entered into as qualified Secretary of September 10, 2018, by and among COMERICA BANK (“Bank”), XXXX, INC., a Delaware corporation (“Parent”) and WARBY XXXXXX RETAIL, INC., a Delaware corporation (“WPRI”; or together with Parent each a “Borrower” and collectively the “BorrowersCorporation”).; that the Corporation’s exact legal name is set forth above; that the Corporation is a corporation duly organized, existing and in good standing under the laws of the State of Delaware; that the following is a true and correct copy of resolutions duly adopted by the Board of Directors of the Corporation in accordance with its bylaws and applicable statutes. Copy of Resolutions: Be it Resolved, That:

Appears in 1 contract

Samples: Loan and Security Agreement (Warby Parker Inc.)

Other Covenants Required Actual Complies. Permitted Indebtedness for equipment leases <$2,000,000 __________________________ YES NO Permitted Investments for stock repurchase <$750,000 ______85,000,000 $____________________ YES NO Permitted Investments for subsidiaries <$500,000 ______$____________________ YES NO Permitted Investments for employee loans (cashless) <$2,000,000 ______15,000,000 $____________________ YES NO Permitted Investments for joint ventures <$500,000 ______$____________________ YES NO Permitted Liens for equipment leases <$2,000,000 ______$____________________ YES NO Permitted Transfers <$300,000 ______$____________________ YES NO Please Enter Below Comments Regarding Violations: The Officer further acknowledges that at any time any Borrower is not in compliance with all the terms set forth in the Agreement, including, without limitation, the financial covenants, no credit extensions will be made. Very truly yours, Authorized Signer Name: Title: EXECUTION FOURTH SEVENTH AMENDMENT AND WAIVER TO LOAN AND SECURITY AGREEMENT This Fourth Seventh Amendment and Waiver to Loan and Security Agreement (this “Amendment”) is entered into as of September 10October 22, 20182019, by and among COMERICA BANK (“Bank”), XXXX, INC., a Delaware corporation (“Parent”) and WARBY XXXXXX RETAIL, INC., a Delaware corporation (“WPRI”; or together with Parent each a “Borrower” and collectively the “Borrowers”).

Appears in 1 contract

Samples: Loan and Security Agreement (Warby Parker Inc.)

Other Covenants Required Actual Complies. Permitted Indebtedness for equipment leases <$2,000,000 __________________________ YES NO Permitted Investments for stock repurchase <$750,000 ______50,000,000 ____________________ YES NO Permitted Investments for subsidiaries <$500,000 __________________________ YES NO Permitted Investments for employee loans (cashless) <$2,000,000 ______15,000,000 ____________________ YES NO Permitted Investments for joint ventures <$500,000 __________________________ YES NO Permitted Liens for equipment leases <$2,000,000 __________________________ YES NO Permitted Transfers <$300,000 __________________________ YES NO Please Enter Below Comments Regarding Violations: The Officer further acknowledges that at any time any Borrower is not in compliance with all the terms set forth in the Agreement, including, without limitation, the financial covenants, no credit extensions will be made. Very truly yours, /s/ Xxxxx Xxxxxx Authorized Signer Name: Xxxxx Xxxxxx Title: EXECUTION FOURTH AMENDMENT AND WAIVER TO LOAN AND SECURITY AGREEMENT This Fourth Amendment CFO Corporation Resolutions and Waiver Incumbency Certification Authority to Loan Procure Loans I certify that I am the duly elected and Security Agreement (this “Amendment”) is entered into as qualified Secretary of September 10, 2018, by and among COMERICA BANK (“Bank”), XXXX, INC., a Delaware corporation (“Parent”) and WARBY XXXXXX RETAIL, INC., a Delaware corporation (“WPRI”; or together with Parent each a “Borrower” and collectively the “BorrowersCorporation”).; that the Corporation’s exact legal name is set forth above; that the Corporation is a corporation duly organized, existing and in good standing under the laws of the State of Delaware; that the following is a true and correct copy of resolutions duly adopted by the Board of Directors of the Corporation in accordance with its bylaws and applicable statutes. Copy of Resolutions: Be it Resolved, That:

Appears in 1 contract

Samples: Loan and Security Agreement (Warby Parker Inc.)

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Other Covenants Required Actual Complies. Permitted Indebtedness for equipment leases <$2,000,000 ___200,000 _______________________ YES NO Permitted Investments for stock repurchase <$750,000 ___200,000 _______________________ YES NO Permitted Investments for subsidiaries <$500,000 ___200,000 _______________________ YES NO Permitted Investments for employee loans (cashless) <$2,000,000 ___200,000 _______________________ YES NO Permitted Investments for joint ventures <$500,000 ___200,000 _______________________ YES NO Permitted Liens for equipment leases <$2,000,000 ___200,000 _______________________ YES NO Permitted Transfers <$300,000 ___200,000 _______________________ YES NO Please Enter Below Comments Regarding Violations: The Officer further acknowledges that at any time Borrower is not in compliance with all the terms set forth in the Agreement, including, without limitation, the financial covenants, no credit extensions will be made. Very truly yours, Authorized Signer Name: Title: EXECUTION FOURTH AMENDMENT CORPORATION RESOLUTIONS AND WAIVER INCUMBENCY CERTIFICATION AUTHORITY TO LOAN AND SECURITY AGREEMENT This Fourth Amendment PROCURE LOANS I certify that I am the duly elected and Waiver to Loan and Security Agreement qualified Secretary of AUGMEDIX, INC. (this the Amendment”) is entered into as of September 10, 2018, by and among COMERICA BANK (“BankCorporation”), XXXXand the keeper of the records of the Corporation; that the following is a true and correct copy of resolutions duly adopted by the Board of Directors of the Corporation in accordance with its bylaws and applicable statutes. Copy of Resolutions: Be it Resolved, INC., a Delaware corporation (“Parent”) and WARBY XXXXXX RETAIL, INC., a Delaware corporation (“WPRI”; or together with Parent each a “Borrower” and collectively the “Borrowers”).that:

Appears in 1 contract

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

Other Covenants Required Actual Complies. Permitted Indebtedness for equipment leases <$2,000,000 ___200,000 _______________________ YES NO Permitted Investments for stock repurchase <$750,000 ___200,000 _______________________ YES NO Permitted Investments for subsidiaries <$500,000 ___200,000 _______________________ YES NO Permitted Investments for employee loans (cashless) <$2,000,000 ___200,000 _______________________ YES NO Permitted Investments for joint ventures <$500,000 ___200,000 _______________________ YES NO Permitted Liens for equipment leases <$2,000,000 ___200,000 _______________________ YES NO Permitted Transfers <$300,000 ___200,000 _______________________ YES NO Please Enter Below Comments Regarding Violations: The Officer further acknowledges that at any time Borrower is not in compliance with all the terms set forth in the Agreement, including, without limitation, the financial covenants, no credit extensions will be made. Very truly yours, Authorized Signer Name: Title: EXECUTION FOURTH AMENDMENT 77 CORPORATION RESOLUTIONS AND WAIVER INCUMBENCY CERTIFICATION AUTHORITY TO LOAN AND SECURITY AGREEMENT This Fourth Amendment PROCURE LOANS I certify that I am the duly elected and Waiver to Loan and Security Agreement qualified Secretary of AUGMEDIX, INC. (this the Amendment”) is entered into as of September 10, 2018, by and among COMERICA BANK (“BankCorporation”), XXXXand the keeper of the records of the Corporation; that the following is a true and correct copy of resolutions duly adopted by the Board of Directors of the Corporation in accordance with its bylaws and applicable statutes. Copy of Resolutions: Be it Resolved, INC., a Delaware corporation (“Parent”) and WARBY XXXXXX RETAIL, INC., a Delaware corporation (“WPRI”; or together with Parent each a “Borrower” and collectively the “Borrowers”).that:

Appears in 1 contract

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

Other Covenants Required Actual Complies. Permitted Indebtedness for equipment leases <$2,000,000 __________________________ YES NO Permitted Investments for stock repurchase <$750,000 135,000,000 __________________________ YES NO Permitted Investments for subsidiaries <$500,000 __________________________ YES NO Permitted Investments for travel advances <$500,000 __________________________ YES NO Permitted Investments for employee loans (cashless) <$2,000,000 30,000,000 __________________________ YES NO Permitted Investments for joint ventures <$500,000 __________________________ YES NO Permitted Liens for equipment leases <$2,000,000 __________________________ YES NO Permitted Transfers <$300,000 __________________________ YES NO Please Enter Below Comments Regarding Violations: The Officer further acknowledges that at any time Borrower is not in compliance with all the terms set forth in the Agreement, including, without limitation, the financial covenants, no credit extensions will be made. Very truly yours, /s/ Xxxxx Xxxxxx Authorized Signer Name: Xxxxx Xxxxxx Title: EXECUTION FOURTH CFO NINTH AMENDMENT AND WAIVER TO LOAN AND SECURITY AGREEMENT This Fourth Ninth Amendment and Waiver to Loan and Security Agreement (this “Amendment”) is entered into as of September 10March 1, 20182021, by and among COMERICA BANK (“Bank”), XXXX, INC., a Delaware corporation (“Parent”) and WARBY XXXXXX RETAIL, INC., a Delaware corporation (“WPRI”; or together with Parent each a “Borrower” and collectively the “Borrowers”).

Appears in 1 contract

Samples: Loan and Security Agreement (Warby Parker Inc.)

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