Financial Statements Uses in Government Compliance Clause

Government Compliance from Loan and Security Agreement

This LOAN AND SECURITY AGREEMENT is entered into as of February 8, 2017, by and between EAST WEST BANK (Bank), IDENTIV, INC., a Delaware corporation (Parent).

Government Compliance. Each Borrower shall meet, and shall cause each Subsidiary to meet, the minimum funding requirements of ERISA with respect to any employee benefit plans subject to ERISA. Each Borrower shall comply, and shall cause each Subsidiary to comply, with all statutes, laws, ordinances and government rules and regulations to which it is subject, noncompliance with which could have a Material Adverse Effect.

Government Compliance from Loan and Security Agreement

THIS SENIOR LOAN AND SECURITY AGREEMENT (this Agreement) dated as of February 12, 2014 (the Effective Date) between SILICON VALLEY BANK, a California corporation (Bank), and APPDYNAMICS, INC., a Delaware corporation (Borrower), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:

Government Compliance. Maintain its and all its Subsidiaries legal existence and good standing in their respective jurisdictions of formation and maintain qualification in each jurisdiction in which the failure to so qualify would reasonably be expected to have a material adverse effect on Borrowers business or operations. Borrower shall comply, and have each Subsidiary comply, in all material respects, with all laws, ordinances and regulations to which it is subject.

Government Compliance from Loan and Security Agreement

THIS LOAN AND SECURITY AGREEMENT (as the same may be amended, restated, modified, or supplemented from time to time, this "Agreement") dated as of September 30, 2016 (the "Effective Date") among Solar Capital Ltd., a Maryland corporation with an office located at 500 Park Avenue, 3rd Floor, New York, NY 10022 ("Solar"), as collateral agent (in such capacity, together with its successors and assigns in such capacity, "Collateral Agent"), and the lenders listed on Schedule 1.1 hereof or otherwise a party hereto from time to time including Solar in its capacity as a Lender (each a "Lender" and collectively, the "Lenders"), and Scynexis, Inc., a Delaware corporation with offices located at 101 Hudson Street, Suite 3610, Jersey City, NJ 07302 (individually and collectively, jointly and severally, "Borrower"), provides the terms on which the Lenders shall lend to Borrower and Borrower shall repay the Lenders. The parties agree as follows:

Government Compliance. f) Other than specifically permitted hereunder, maintain its and all its Subsidiaries' legal existence and good standing in their respective jurisdictions of organization and maintain qualification in each jurisdiction in which the failure to so qualify could reasonably be expected to have a Material Adverse Change. Comply with all laws, ordinances and regulations to which Borrower or any of its Subsidiaries is subject, the noncompliance with which could reasonably be expected to have a Material Adverse Change.(g) Obtain and keep in full force and effect, all of the material Governmental Approvals necessary for the performance by Borrower and its Subsidiaries of their respective businesses and obligations under the Loan Documents and the grant of a security interest to Collateral Agent for the ratable benefit of the Secured Parties, in all of the Collateral.

Government Compliance from Loan and Security Agreement

THIS SENIOR LOAN AND SECURITY AGREEMENT (this Agreement) dated as of February 12, 2014 (the Effective Date) between SILICON VALLEY BANK, a California corporation (Bank), and APPDYNAMICS, INC., a Delaware corporation (Borrower), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:

Government Compliance. Maintain its and all its Subsidiaries legal existence and good standing in their respective jurisdictions of formation and maintain qualification in each jurisdiction in which the failure to so qualify would reasonably be expected to have a material adverse effect on Borrowers business or operations. Borrower shall comply, and have each Subsidiary comply, in all material respects, with all laws, ordinances and regulations to which it is subject.

Government Compliance from Loan and Security Agreement

This LOAN AND SECURITY AGREEMENT is entered into as of June 30, 2015, by and between BRIDGE BANK, NATIONAL ASSOCIATION (Bank) and EVERBRIDGE, INC. (Borrower).

Government Compliance. Borrower shall meet, and shall cause each Subsidiary to meet, the minimum funding requirements of ERISA with respect to any employee benefit plans subject to ERISA. Borrower shall comply, and shall cause each Subsidiary to comply, with all statutes, laws, ordinances and government rules and regulations to which it is subject, noncompliance with which could have a Material Adverse Effect.

Government Compliance from Loan and Security Agreement

This LOAN AND SECURITY AGREEMENT is entered into as of June 30, 2015, by and between BRIDGE BANK, NATIONAL ASSOCIATION (Bank) and EVERBRIDGE, INC. (Borrower).

Government Compliance. Borrower shall meet, and shall cause each Subsidiary to meet, the minimum funding requirements of ERISA with respect to any employee benefit plans subject to ERISA. Borrower shall comply, and shall cause each Subsidiary to comply, with all statutes, laws, ordinances and government rules and regulations to which it is subject, noncompliance with which could have a Material Adverse Effect.

Government Compliance from Loan and Security Agreement

This LOAN AND SECURITY AGREEMENT (this "Agreement") dated as of May 5, 2016, between SaaS Capital Funding II, LLC, a Delaware limited liability company ("Lender"), and ACCELERIZE INC., a Delaware corporation ("Borrower"), provides the terms on which Lender shall lend to Borrower and Borrower shall repay Lender.

Government Compliance. Borrower shall maintain its and all Subsidiaries' legal existence and good standing in its jurisdiction of formation and maintain qualification in each jurisdiction in which the failure to so qualify would reasonably be expected to cause a Material Adverse Change with respect to Borrower's or any Subsidiaries' business or operations. Borrower shall comply, and have each Subsidiary comply, with all laws, ordinances and regulations to which it is subject, noncompliance with which would reasonably be expected to cause a Material Adverse Change.

Government Compliance from Loan and Security Agreement

THIS LOAN AND SECURITY AGREEMENT (this Agreement) dated as of June 9, 2011 (the Effective Date) between SILICON VALLEY BANK, a California corporation with a loan production office located at 275 Grove Street, Suite 2-200, Newton, Massachusetts 02466 (Bank), and ACACIA COMMUNICATIONS, INC., a Delaware corporation (Borrower), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:

Government Compliance. Maintain its and all its Subsidiaries legal existence and good standing in their respective jurisdictions of formation and maintain qualification in each jurisdiction in which the failure to so qualify would reasonably be expected to have a material adverse effect on Borrowers business or operations. Borrower shall comply, and have each Subsidiary comply, with all laws, ordinances and regulations to which it is subject, noncompliance with which could have a material adverse effect on Borrowers business.

Government Compliance from Loan and Security Agreement

Borrowers wish to obtain credit from time to time from Bank, and Bank desires to extend credit to Borrowers. This Agreement sets forth the terms on which Bank will advance credit to Borrowers, and Borrowers will repay the amounts owing to Bank.

Government Compliance. Borrower shall meet, and shall cause each Subsidiary to meet, the minimum funding requirements of ERISA with respect to any employee benefit plans subject to ERISA. Borrower shall comply, and shall cause each Subsidiary to comply, with all statutes, laws, ordinances and government rules and regulations to which it is subject, noncompliance with which could reasonably be expected to have a Material Adverse Effect.

Government Compliance from Loan and Security Agreement

THIS LOAN AND SECURITY AGREEMENT (this Agreement) dated as of June 9, 2011 (the Effective Date) between SILICON VALLEY BANK, a California corporation with a loan production office located at 275 Grove Street, Suite 2-200, Newton, Massachusetts 02466 (Bank), and ACACIA COMMUNICATIONS, INC., a Delaware corporation (Borrower), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:

Government Compliance. Maintain its and all its Subsidiaries legal existence and good standing in their respective jurisdictions of formation and maintain qualification in each jurisdiction in which the failure to so qualify would reasonably be expected to have a material adverse effect on Borrowers business or operations. Borrower shall comply, and have each Subsidiary comply, with all laws, ordinances and regulations to which it is subject, noncompliance with which could have a material adverse effect on Borrowers business.