DOCUMENTS YOU WILL PROVIDE US. Upon signing this Warrant Agreement You will provide Us with: • Executed originals of this Warrant Agreement, and all other documents and instruments that We may reasonably require • Secretary’s certificate of incumbency and authority • Certified copy of resolutions of Your board of directors approving this Warrant Agreement • Certified copy of Certificate of Incorporation and by-laws as amended through the Effective Date • Current Investors’ Rights Agreement So long as this Warrant Agreement is in effect, You shall provide Us with the following: • Within ten (10) business days following the closing of any equity financing, or extension of an existing round of equity financing, occurring after the Effective Date, in which You issue preferred stock or other securities You will provide Us with copies of the fully executed equity financing documents, including without limitation the related stock purchase agreement, investors rights agreement, voting agreement, amended or restated certificates of incorporation, current capitalization table and other related documents. Notwithstanding the foregoing, Your failure to comply with the provisions in this paragraph shall not be deemed to be a breach, provided You have provided such information to Us within ten (10) business days of Our written request. • Within thirty (30) days after completion You shall provide Us with any 409A Valuation Reports or other similar reports prepared for You. Notwithstanding the foregoing, Your failure to comply with the provisions in this paragraph shall not be deemed to be a breach, provided You have provided such information to Us within ten (10) business days of Our written request. • After all obligations under the Loan Agreement have been finally paid in full, within forty five (45) days after the end of each of the first three fiscal quarters, You will provide Us with (1) an unaudited income statement, statement of cash flows, and an unaudited balance sheet prepared in accordance with GAAP accompanied by a report detailing any material contingencies, and (2) within one hundred eighty (180) days of the end of each fiscal year end, You will provide Us with audited financial statements accompanied by an audit report and an unqualified opinion of the independent certified public accountants. • You shall submit to Us any other documents and other information that We may reasonably request from time to time and are necessary to implement the provisions and purposes of this Warrant Agre...
DOCUMENTS YOU WILL PROVIDE US. Upon signing this Agreement You will provide Us with each of the following documents on or before the Closing Date: • Executed originals of this Agreement, and all other documents and instruments that We may reasonably require; • Secretary’s certificate of incumbency and authority for each of You; • Certified copy of resolutions of each of Your boards of directors approving this Agreement, the associated Warrant Agreement(s) and the other Loan Documents; • Certified copy of Certificate of Incorporation and By-Laws for each of You, as amended through the Closing Date; • A certificate of good standing from the State of incorporation of each of You, and similar certificates from all other jurisdictions where You do business and where the failure to be qualified, individually or collectively, could reasonably be expected to have a Material Adverse Effect; • Payment of the Facility Fee for the Commitment Amount as denoted in the Table of Terms; • Executed Certificate of Perfection, in the form attached as Exhibit C (the “Certificate of Perfection”); and • Any such other documents as We may reasonably request. Within sixty (60) days of the Closing Date, You will provide Us with each of the following documents: • Executed originals of Landlord Waivers (or similar agreements), for Your location at 000 Xxxxxxxxx Xxxxx, Xxxxxxxx Xxxx, XX 00000; • Executed original of the Inventory and Other Goods of Tintri, Inc., with Flextronics International; and • We shall have received certificates of insurance, endorsements and other documents evidencing Your compliance with Section 10 in form and substance reasonably acceptable to Us. So long as there are any unpaid principal, interest, fees, costs or other amounts owed by any of You to Us, or We have any obligation to make any additional Advances, each of You shall provide Us with:
DOCUMENTS YOU WILL PROVIDE US. Upon signing this Agreement You will provide Us with: • Executed originals of this Agreement, and all other documents and instruments that We may reasonably require • Secretary’s certificate of incumbency and authority • Certified copy of resolutions of Your board of directors approving this Agreement • Certified copy of Articles/Certificate of Incorporation and By-Laws as amended through the Effective Date • Current Investor’s Rights Agreement So long as this Warrant Agreement is in effect, You shall provide Us with the following: • Within a reasonable time after the closing of any equity financing, or extension of an existing round of equity financing, occurring after the Effective Date, in which You issue preferred stock or other securities You will provide Us with copies of the fully executed equity financing documents, including without limitation the related stock purchase agreement, investors rights agreement, voting agreement, amended or restated articles/certificates of incorporation, current capitalization table and other related documents. • You shall submit to Us any documents and other information that We may reasonably request from time to time and are necessary to implement the provisions and purposes of this Warrant Agreement.
DOCUMENTS YOU WILL PROVIDE US. Certified Resolutions of Your Board of Directors authorizing this Warrant
DOCUMENTS YOU WILL PROVIDE US. Certified Resolutions • Certificate of Incorporation • Investor’s Rights Agreement • Bylaws • Other reasonably related documents as We may from time to time reasonably request, and are necessary to implement the provisions and purposes of this Agreement.
DOCUMENTS YOU WILL PROVIDE US. Certified Resolutions Certificate of Incorporation Investor’s Rights Agreement Bylaws Other documents as We may from time to time reasonably request.
DOCUMENTS YOU WILL PROVIDE US. => Certified Resolutions (upon execution) => Certificate of Incorporation => Investor’s Rights Agreement => By Laws => Other documents as We may from time to time reasonably request.
DOCUMENTS YOU WILL PROVIDE US. Upon the Effective Date, copies of Þ Certified Resolutions Þ Articles of Incorporation Þ Investor’s Rights Agreement Þ Bylaws Þ Any other documents and other information that We may reasonably request and are necessary to implement the provisions and purposes of this Agreement.
DOCUMENTS YOU WILL PROVIDE US. Upon signing this Agreement You will provide Us with: Þ Executed originals of this Agreement, and all other documents and instruments that We may reasonably require Þ Secretary’s certificate of incumbency and authority Þ Certified copy of resolutions of Your board of directors approving this Warrant Agreement Þ Certified copy of Certificate of Incorporation and By-Laws as amended through the Effective Date Þ Current Registration Rights Agreement So long as this Warrant Agreement is in effect, You shall provide Us with the following: Þ You shall submit to Us information that We may reasonably request from time to time in order to satisfy the reasonable requests of our independent accounting firm in connection with the audit of the fair market value of this Warrant Agreement recorded in Our books and records, including but not limited to a written certification by the Company or its advisors of the current fair market value of the Warrant Stock or Your capital stock and shall include information supporting the reasonableness of the fair market value indicated by such certification. Þ You shall submit to Us any documents and information that We may reasonably request from time to time and are necessary to implement the provisions and purposes of this Warrant Agreement.
DOCUMENTS YOU WILL PROVIDE US. Upon signing this Agreement You will provide Us with: • Executed originals of this Agreement, and all other documents and instruments that We may reasonably require; • Officer’s Certificate of incumbency and authority; • Certified copy of resolutions of Your board of directors approving this Agreement and the associated Warrant Agreement; • Certified copy of Certificate of Incorporation and By-Laws as amended through the date that the Parties enter into this Agreement; • A certificate of good standing from Your state of incorporation and similar certificates from all other jurisdictions where You do business and where the failure to be qualified would have a Material Adverse Effect; • Payment of the Facility Fee for the Commitment Amount as denoted on Page 1 of this Agreement; • A completed Exhibit C; and • Any such other documents as We may reasonably request. So long as there are any unpaid principal, interest, fees, costs or other amounts owed by You to Us, or We have any obligation to make any additional Advances, You shall provide Us with: Landlord/Mortgagee Waiver. You agree to provide Us with a Landlord/Mortgagee Waiver with respect to the Equipment so that Your landlord or mortgagee does not restrict Our access to the Equipment or claim any interest in the Equipment. Such waiver shall be in a form satisfactory to Us.
