Common use of Taxes; Pensions Clause in Contracts

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 136 contracts

Samples: Loan and Security Agreement (Envision Solar International, Inc.), Loan and Security Agreement (Tremor Video Inc.), Loan and Security Agreement (ECPM Holdings, LLC)

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Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state state, and local taxes, assessments, deposits and contributions owed by Borrower and each of or its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankLenders, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their termsthe terms of such plans.

Appears in 66 contracts

Samples: Loan and Security Agreement (CymaBay Therapeutics, Inc.), Loan and Security Agreement (Trovagene, Inc.), Loan and Security Agreement (Pulmonx Corp)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 41 contracts

Samples: Loan and Security Agreement (Veracyte, Inc.), Loan and Security Agreement (Veracyte, Inc.), Loan and Security Agreement (Ocata Therapeutics, Inc.)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 18 contracts

Samples: Loan and Security Agreement (Conexant Systems Inc), Loan and Security Agreement (Ramtron International Corp), Loan and Security Agreement (Axcelis Technologies Inc)

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state state, and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankAgent, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 13 contracts

Samples: Loan and Security Agreement (Alimera Sciences Inc), Loan and Security Agreement (Nupathe Inc.), Loan and Security Agreement (Epicept Corp)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports or extensions therefor and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 9 contracts

Samples: Loan and Security Agreement (Instructure Inc), Loan and Security Agreement (Ariosa Diagnostics, Inc.), Loan and Security Agreement (Medallia, Inc.)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested and pursuant to the terms of Section 5.9 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 6 contracts

Samples: Mezzanine Loan and Security Agreement (Health Catalyst, Inc.), Mezzanine Loan and Security Agreement (Health Catalyst, Inc.), Mezzanine Loan and Security Agreement (Health Catalyst, Inc.)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required material tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all material foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 6 contracts

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

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state state, and local taxes, assessments, deposits and contributions owed by Borrower and each of or its Subsidiaries, except for deferred payment of any taxes contested as otherwise permitted pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankCollateral Agent and each Lender, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their termsthe terms of such plans.

Appears in 6 contracts

Samples: Loan and Security Agreement (MDxHealth SA), Loan and Security Agreement (Celcuity Inc.), Loan and Security Agreement (Transenterix Inc.)

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state state, and local taxes, assessments, deposits and contributions owed by Borrower and each of or its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankLenders, promptly on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their termsthe terms of such plans.

Appears in 5 contracts

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

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 4 contracts

Samples: Loan and Security Agreement (Advanced BioHealing Inc), Loan and Security Agreement (Advanced BioHealing Inc), Loan and Security Agreement (Fate Therapeutics Inc)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankLender, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 4 contracts

Samples: Mezzanine Loan and Security Agreement (BigCommerce Holdings, Inc.), Loan and Security Agreement (Exa Corp), Loan Agreement (Workhorse Group Inc.)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to Bank, on demandits reasonable request, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 4 contracts

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

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.10 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 4 contracts

Samples: Loan and Security Agreement (Phreesia, Inc.), Loan and Security Agreement (Force10 Networks Inc), Loan and Security Agreement (Force10 Networks Inc)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.7 hereof, and shall deliver to BankLender, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 4 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)

Taxes; Pensions. Timely file, and require cause each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower such Loan Party and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof5.8, and shall deliver to BankAgent, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 4 contracts

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

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankAgent, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 4 contracts

Samples: Loan and Security Agreement (Eidos Therapeutics, Inc.), Loan and Security Agreement (Social Capital Suvretta Holdings Corp. I), Loan and Security Agreement (Social Capital Suvretta Holdings Corp. I)

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state state, and local taxes, assessments, deposits and contributions owed by Borrower and each of or its Subsidiaries, except for deferred payment of any taxes contested as otherwise permitted pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankCollateral Agent, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their termsthe terms of such plans.

Appears in 3 contracts

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

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports or extensions thereof and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state state, and local taxes, assessments, deposits and contributions owed by Borrower and each of or its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankLenders, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their termsthe terms of such plans.

Appears in 3 contracts

Samples: Loan and Security Agreement (Cerus Corp), Loan and Security Agreement (Cytokinetics Inc), Loan and Security Agreement (Cytokinetics Inc)

Taxes; Pensions. Timely file, and require cause each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower such Loan Party and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof5.9, and shall deliver to BankAdministrative Agent, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 3 contracts

Samples: Loan and Security Agreement (Alto Neuroscience, Inc.), Loan and Security Agreement (Alto Neuroscience, Inc.), Loan and Security Agreement (Molecular Templates, Inc.)

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state state, and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankLenders, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 3 contracts

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

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports reports, and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state state, and local taxesTaxes, assessments, deposits and contributions owed by Borrower and each of or its Subsidiaries, except for deferred payment of any taxes contested as otherwise permitted pursuant to the terms of Section 5.9 5.8 hereof, and shall ; deliver to BankLenders, on demand, appropriate certificates attesting to such payments, ; and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their termsthe terms of such plans.

Appears in 3 contracts

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

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state state, and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankLenders, on written demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

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)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to BankAgent, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 3 contracts

Samples: Loan and Security Agreement (Vericel Corp), Loan and Security Agreement (Avalara Inc), Loan and Security Agreement (Vericel Corp)

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state state, and local taxes, assessments, deposits and contributions owed by Borrower and each of or its Subsidiaries, as applicable, except for deferred payment of any taxes contested as otherwise permitted pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankCollateral Agent, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their termsthe terms of such plans.

Appears in 3 contracts

Samples: Loan and Security Agreement (Ardelyx, Inc.), Loan and Security Agreement (Ardelyx, Inc.), Loan and Security Agreement (Achaogen Inc)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to BankLenders, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 3 contracts

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

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state state, and material local taxes, assessments, deposits and contributions owed by Borrower and each of or its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to BankLenders, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their termsthe terms of such plans.

Appears in 3 contracts

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

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.10 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 3 contracts

Samples: Loan and Security Agreement (Virage Logic Corp), Loan and Security Agreement (Trubion Pharmaceuticals, Inc), Loan and Security Agreement (Glu Mobile Inc)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, provincial, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested or otherwise permitted pursuant to the terms of Section 5.9 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 3 contracts

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

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and material local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to in accordance with the terms of Section 5.9 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 3 contracts

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

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state state, and material local taxes, assessments, deposits and contributions owed by Borrower and each of or its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankLenders, on promptly upon demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their termsthe terms of such plans.

Appears in 3 contracts

Samples: Loan and Security Agreement (Halozyme Therapeutics Inc), Loan and Security Agreement (Halozyme Therapeutics Inc), Loan and Security Agreement (Halozyme Therapeutics Inc)

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state state, and local taxes, assessments, deposits and contributions owed by Borrower and each of or its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankLenders, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all material liabilities under any present pension, profit sharing and deferred compensation plans in accordance with their termsthe terms of such plans.

Appears in 3 contracts

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

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports or extensions therefor and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state state, provincial and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankLenders, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 3 contracts

Samples: Loan and Security Agreement (Sophiris Bio Inc.), Loan and Security Agreement (Sophiris Bio Inc.), Loan and Security Agreement (Sophiris Bio Inc.)

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required federal and other material tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all federal, foreign, federalstate, state and local taxes, assessments, deposits and contributions owed by Borrower and each of or its Subsidiaries, except for deferred payment of any taxes contested as otherwise permitted pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankCollateral Agent, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their termsthe terms of such plans.

Appears in 3 contracts

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

Taxes; Pensions. Timely file, and require each of its their Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by a Borrower and each of or its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 2 contracts

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

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested in each case, as otherwise permitted pursuant to the terms of Section 5.9 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 2 contracts

Samples: Loan and Security Agreement (10X Genomics, Inc.), Loan and Security Agreement (10x Genomics, Inc.)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, respectively, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 2 contracts

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

Taxes; Pensions. Timely file, and require each of its their Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its their Subsidiaries to timely pay, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower Borrowers and each of its their Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 2 contracts

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

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state state, and local taxes, assessments, deposits and contributions owed by Borrower and each of or its Subsidiaries, except for deferred payment of any taxes contested as otherwise permitted pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankCollateral Agent and Innovatus, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their termsthe terms of such plans.

Appears in 2 contracts

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

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state state, and local taxes, assessments, deposits and contributions owed by Borrower and each of or its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to BankAgent, promptly on demand, appropriate certificates attesting to such payments, and pay all material amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 2 contracts

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

Taxes; Pensions. Timely file, and require each of its their Subsidiaries to timely file, all material required tax returns and reports and timely pay, and require each of its their Subsidiaries to timely pay, all material foreign, federal, state and local taxes, assessments, deposits and contributions owed by a Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 2 contracts

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

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports or extensions thereof and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 2 contracts

Samples: Loan and Security Agreement (Avidity Biosciences, Inc.), Loan and Security Agreement (Avidity Biosciences, Inc.)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, pay all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 2 contracts

Samples: Loan and Security Agreement (Safeguard Scientifics Inc), Loan and Security Agreement (Safeguard Scientifics Inc)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankAgent or any Lender, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 2 contracts

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

Taxes; Pensions. Timely Borrower shall timely file, and require cause each of its Subsidiaries to timely file, all required tax returns Tax Returns and reports and timely pay, and require cause each of its Subsidiaries to timely pay, all foreign, federal, state and local taxesall other Taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, in each case except for deferred payment of any taxes contested as permitted pursuant to the terms of Section 5.9 4.9 hereof, and shall deliver to BankCollateral Agent, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 2 contracts

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

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and material local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to Bank, on demandwithin five (5) days, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms, except as would not reasonably be expected to result in any liability to Borrower in an amount in excess of $100,000.

Appears in 2 contracts

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

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state state, and material local taxes, assessments, deposits and contributions owed by Borrower and each of or its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankLenders, on promptly upon demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their termsthe terms of such plans.

Appears in 2 contracts

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

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state state, and local taxes, assessments, deposits and contributions owed by Borrower Borrower, and each of its Borrower’s Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankLenders, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 2 contracts

Samples: Loan and Security Agreement (Achaogen Inc), Loan and Security Agreement (Sunesis Pharmaceuticals Inc)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankAgent, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 2 contracts

Samples: Mezzanine Loan and Security Agreement (Verrica Pharmaceuticals Inc.), Loan and Security Agreement (Axonics, Inc.)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by a Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankLenders, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 2 contracts

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

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by each Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 2 contracts

Samples: Loan and Security Agreement (Relm Wireless Corp), Loan and Security Agreement (Internet Brands, Inc.)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to Bank, on after written demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 2 contracts

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

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely file and pay, all foreign, federal, state state, and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankCollateral Agent, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 2 contracts

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

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely filefile (or obtain timely extensions therefor), all required tax returns and reports reports, and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state state, and local taxesTaxes, assessments, deposits and contributions owed by Borrower and each of Holdings or its Subsidiaries, except for deferred payment of any taxes contested as otherwise permitted pursuant to the terms of Section 5.9 5.10 hereof, and shall ; deliver to Bankthe Lenders, on demand, appropriate certificates attesting to such payments, ; and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their termsthe terms of such plans.

Appears in 2 contracts

Samples: Loan and Security Agreement (Senseonics Holdings, Inc.), Loan and Security Agreement (Gamida Cell Ltd.)

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state state, and local taxes, assessments, deposits and contributions owed by Borrower and each of or its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankLenders, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their termsthe terms of such plans.

Appears in 2 contracts

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

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, pay all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 2 contracts

Samples: Loan and Security Agreement (Reval Holdings Inc), Loan and Security Agreement (Drugstore Com Inc)

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax Tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federalfederal and state Taxes, state and all material local taxesTaxes, assessments, deposits and contributions owed by Borrower and each of or its Subsidiaries, except for deferred payment of any taxes contested as otherwise permitted pursuant to the terms of Section 5.9 5.8 hereof, and shall ; deliver to BankCollateral Agent and the Lenders, on demand, appropriate certificates attesting to such payments, ; and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their termsthe terms of such plans.

Appears in 2 contracts

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

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state state, provincial, and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 2 contracts

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

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof5.6, and shall deliver to BankLender, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 2 contracts

Samples: Loan and Security Agreement (RMG Networks Holding Corp), Agreement (RMG Networks Holding Corp)

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state state, and local taxes, assessments, deposits and contributions owed by Borrower and each any Credit Party or any of its their Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankLenders, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all material liabilities under any present pension, profit sharing and deferred compensation plans in accordance with their termsthe terms of such plans.

Appears in 2 contracts

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

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports or extensions therefore and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state state, and local taxes, assessments, deposits and contributions owed by Borrower and each of or its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankLenders, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their termsthe terms of such plans.

Appears in 2 contracts

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

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Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required material tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all material foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankLender, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 2 contracts

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

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, pay all foreign, provincial, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 2 contracts

Samples: Loan Modification Agreement (Eloqua, Inc.), Loan and Security Agreement (Eloqua, Inc.)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to Bank, on written demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 2 contracts

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

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports reports, and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 2 contracts

Samples: Loan and Security Agreement (Comarco Inc), Loan and Security Agreement (Cardiovascular Systems Inc)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely filefile (or obtain timely extensions therefor), all required tax returns and reports reports, and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state state, and local taxesTaxes, assessments, deposits and contributions owed by Borrower and each of Issuer or its Subsidiaries, except for deferred payment of any taxes contested as otherwise permitted pursuant to the terms of Section 5.9 5.13 hereof, and shall ; deliver to Bankthe Purchasers, on demand, appropriate certificates attesting to such payments, ; and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their termsthe terms of such plans.

Appears in 2 contracts

Samples: Note Purchase Agreement (Senseonics Holdings, Inc.), Note Purchase and Exchange Agreement (Senseonics Holdings, Inc.)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all federal, material foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 2 contracts

Samples: Loan and Security Agreement (Evoke Pharma Inc), Loan and Security Agreement (Evoke Pharma Inc)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by any Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 1 contract

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

Taxes; Pensions. Timely file, and require cause each of its Subsidiaries to timely file, all required material tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all material foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower such Loan Party and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof5.9, and shall deliver to BankAdministrative Agent, promptly on demand, appropriate certificates attesting to such payments, and shall pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.. 6.5

Appears in 1 contract

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

Taxes; Pensions. Timely file, and require each of its Subsidiaries Secured Guarantor to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries Secured Guarantor to timely pay, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its SubsidiariesSecured Guarantor, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 1 contract

Samples: Loan and Security Agreement (Interpace Biosciences, Inc.)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to Bank, on after written demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 1 contract

Samples: Loan and Security Agreement (Ooma Inc)

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state state, and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankCollateral Agent, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 1 contract

Samples: Loan and Security Agreement (Ligand Pharmaceuticals Inc)

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state state, and local taxes, assessments, deposits and contributions owed by Borrower and each of or its Subsidiaries, except for deferred payment of any taxes contested as otherwise permitted pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankCollateral Agent and each Lender, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.the terms of such plans. 6.5

Appears in 1 contract

Samples: Loan and Security Agreement (Conformis Inc)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower Guarantor and each of its Subsidiaries, except for deferred payment of any taxes contested contested, or otherwise permitted, pursuant to the terms of Section 5.9 3.8 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 1 contract

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

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all material foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 1 contract

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

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.. 6.5

Appears in 1 contract

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

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state state, and local taxes, assessments, deposits and contributions owed by Borrower and each of or its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankLenders, promptly on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their termsthe terms of such plans.

Appears in 1 contract

Samples: Loan and Security Agreement (Paratek Pharmaceuticals Inc)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower such Loan Party and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankLender, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 1 contract

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

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports reports, or extensions therefor, and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state state, and local taxes, assessments, deposits and contributions owed by Borrower and each of or its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankLenders, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their termsthe terms of such plans.

Appears in 1 contract

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

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 1 contract

Samples: Loan and Security Agreement (Adept Technology Inc)

Taxes; Pensions. Timely file, and require each of its their Subsidiaries to timely file, all required tax returns and reports or extensions therefor and timely pay, and require each of its their Subsidiaries to timely pay, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by a Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 1 contract

Samples: Loan and Security Agreement (Sequenom Inc)

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state state, and material local taxes, assessments, deposits and contributions owed by Borrower and each of or its Subsidiaries, except for deferred payment of any taxes contested as otherwise permitted pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankCollateral Agent and each Lender, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their termsthe terms of such plans.

Appears in 1 contract

Samples: Loan and Security Agreement (Apollo Endosurgery, Inc.)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested or otherwise permitted pursuant to the terms of Section 5.9 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms, except as otherwise permitted pursuant to the terms of Section 5.9 hereof.

Appears in 1 contract

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

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, pay all foreign, federal, state state, provincial, territorial and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankAgent, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 1 contract

Samples: Loan and Security Agreement (Tribute Pharmaceuticals Canada Inc.)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to Bankeach Lender, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 1 contract

Samples: Loan and Security Agreement (EnteroMedics Inc)

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state state, and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankCollateral Agent, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 1 contract

Samples: Loan and Security Agreement (Medicinova Inc)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state state, provincial and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 1 contract

Samples: Loan and Security Agreement (Frankly Inc)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower Parent and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 1 contract

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

Taxes; Pensions. Timely file, and require cause each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by such Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to BankAgent, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 1 contract

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

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely filefile (or obtain timely extensions therefor), all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state state, and local taxes, assessments, deposits and contributions owed by Borrower and each of or its Subsidiaries, except for deferred payment of any taxes contested as otherwise permitted pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankCollateral Agent, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their termsthe terms of such plans.

Appears in 1 contract

Samples: Loan and Security Agreement (Scynexis Inc)

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax Tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state state, and local taxesTaxes, assessments, deposits and contributions owed by Borrower and each of or its Subsidiaries, except for deferred payment of any taxes contested as otherwise permitted pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to Bankthe Lenders, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their termsthe terms of such plans.

Appears in 1 contract

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

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state state, and local taxes, assessments, deposits and contributions owed by Borrower and each of or its Subsidiaries, as applicable, except for deferred payment of any taxes contested as otherwise permitted pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to Bankthe Lenders, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their termsthe terms of such plans.

Appears in 1 contract

Samples: Loan and Security Agreement (Radius Health, Inc.)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required material tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all material foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to BankAgent, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 1 contract

Samples: Subordinated Loan and Security Agreement (Apptio Inc)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower any Note Party and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to BankNote Agent, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 1 contract

Samples: Note Purchase and Security Agreement (Comverge, Inc.)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required federal and material tax returns and reports and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankLenders, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 1 contract

Samples: Loan and Security Agreement (Hyperion Therapeutics Inc)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to in such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 1 contract

Samples: Loan and Security Agreement (Fig Publishing, Inc.)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to BankLender, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 1 contract

Samples: Loan and Security Agreement (Anadigics Inc)

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state state, and local taxes, assessments, deposits and contributions owed owned by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankLender, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 1 contract

Samples: Loan and Security Agreement (Complete Genomics Inc)

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state state, and local taxes, assessments, deposits and contributions owed by Borrower and each of or its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, 5.8 hereof and shall deliver to BankLenders, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their termsthe terms of such plans.

Appears in 1 contract

Samples: Loan and Security Agreement (NanoString Technologies Inc)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely filefile (or obtain timely extensions therefor), all required tax returns and reports reports, and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state state, and local taxesTaxes, assessments, deposits and contributions owed by Borrower and each of or its Subsidiaries, except for deferred payment of any taxes contested as otherwise permitted pursuant to the terms of Section 5.9 5.8 hereof, and shall ; deliver to Bankthe Collateral Agent, on demand, appropriate certificates attesting to such payments, ; and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their termsthe terms of such plans.

Appears in 1 contract

Samples: Loan and Security Agreement (Arcutis Biotherapeutics, Inc.)

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