Common use of Due Authorization; No Conflict Clause in Contracts

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.

Appears in 51 contracts

Samples: Loan and Security Agreement (Seebeyond Technology Corp), Loan Agreement (Phoenix Technologies LTD), Loan and Security Agreement (Maxwell Technologies Inc)

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Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles Articles/Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.

Appears in 17 contracts

Samples: Loan and Security Agreement (Objectshare Inc), Loan and Security Agreement (Pacific Biometrics Inc), Loan and Security Agreement (Mobius Management Systems Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.

Appears in 14 contracts

Samples: Loan and Security Agreement (Chordiant Software Inc), Loan and Security Agreement (Pharmaprint Inc), Loan and Security Agreement (Endocare Inc)

Due Authorization; No Conflict. The execution, delivery, and ------------------------------ performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.

Appears in 8 contracts

Samples: Loan and Security Agreement (Iprint Technologies Inc), Revolving Loan and Security Agreement (Iprint Technologies Inc), Loan and Security Agreement (Jetfax Inc)

Due Authorization; No Conflict. The execution, delivery, and ------------------------------ performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.

Appears in 7 contracts

Samples: Loan Modification Agreement (Orapharma Inc), Loan and Security Agreement (Egain Communications Corp), Loan Agreement (Logicvision Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could reasonably be expected to have a Material Adverse Effect.

Appears in 5 contracts

Samples: Loan and Security Agreement (Infoseek Corp), Loan and Security Agreement (Integrated Packaging Assembly Corp), Loan and Security Agreement (Integrated Packaging Assembly Corp)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within such Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles each Borrowers' Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which any Borrower is a party or by which any Borrower is bound. No Borrower is not in default under any agreement to which it is a party or by which it is bound, bound which default could has not had and would not reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

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

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Loan and Security Agreement (MSC Software Corp), Loan and Security Agreement (Pharmchem Inc), Loan and Security Agreement (Pharmchem Laboratories Inc)

Due Authorization; No Conflict. The execution, delivery, and ------------------------------ performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could would reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Loan and Security Agreement (Crossworlds Software Inc), Loan and Security Agreement (Crossworlds Software Inc), Loan and Security Agreement (Crossworlds Software Inc)

Due Authorization; No Conflict. The execution, delivery, ------------------------------ and performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.

Appears in 3 contracts

Samples: Loan and Security Agreement (Thermatrix Inc), Loan and Security Agreement (Iprint Technologies Inc), Loan and Security Agreement (Iprint Technologies Inc)

Due Authorization; No Conflict. The execution, delivery, and ------------------------------ performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles Articles/Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.

Appears in 3 contracts

Samples: Loan and Security Agreement (C-Bridge Internet Solutions Inc), Loan and Security Agreement (Open Market Inc), Loan and Security Agreement (Audible Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could would reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Security Agreement (Nuko Information Systems Inc /Ca/), Negative Pledge Agreement (MMC Networks Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles Articles/Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. bound Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Security Agreement (Maker Communications Inc), Loan and Security Agreement (Maker Communications Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles Articles/Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. bound Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Security Agreement (Bluestone Software Inc), Loan and Security Agreement (Natural Microsystems Corp)

Due Authorization; No Conflict. The execution, delivery, and ------------------------------ performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles Articles/Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. bound Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Security Agreement (Silicon Gaming Inc), Loan and Security Agreement (Natural Microsystems Corp)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Certificate or Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Security Agreement (Zindart LTD), Loan and Security Agreement (Intervisual Books Inc /Ca)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower's ’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's ’s Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any material agreement to which it is a party or by which it is bound, which default could have reasonably be expected to result in a Material Adverse Effect.

Appears in 2 contracts

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

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles Articles/Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. , nor is Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Security Agreement (General Magic Inc), Loan Modification Agreement (General Magic Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles of Incorporation or BylawsBylaws (or similar constituent documents), nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Ardent Software Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles of Incorporation or Incorporation, Bylaws, or other charter documents nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Viewlocity Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in such Borrower's Articles Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Electronic Designs Inc)

Due Authorization; No Conflict. The execution, delivery, and ------------------------------ performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles of Incorporation Organization or BylawsOperating Agreement, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Manhattan Associates Inc)

Due Authorization; No Conflict. The execution, delivery, and ------------------------------ performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could is reasonably likely to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Evolving Systems Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles of Incorporation or BylawsBylaws (or similar constituent documents), nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect. The execution, delivery, and performance of the Loan Documents do not require the consent of any Person which has not been obtained.

Appears in 1 contract

Samples: Loan and Security Agreement (Mti Technology Corp)

Due Authorization; No Conflict. The execution, delivery, and performance of the Exim Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles of Incorporation or Bylaws, nor will they .they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any material agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Invision Technologies Inc)

Due Authorization; No Conflict. The execution, delivery, and ------------------------------ performance of the Loan Documents Document are within Borrower's corporate powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles Articles/Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any material agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Esperion Therapeutics Inc/Mi)

Due Authorization; No Conflict. The execution, delivery, and ------------------------------ performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Snowball Com Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within such Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in such Borrower's Articles of Incorporation or BylawsBylaws (or similar constituent documents), nor will they constitute an event of default under any material agreement to which such Borrower is a party or by which such Borrower is bound. Such Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan Agreement (Cymer Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of all provisions of the Loan Documents relating to Borrower are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Photoworks Inc /Wa)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower's corporate powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could have would have, or is likely to cause, a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Franklin Ophthalmic Instruments Co Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are will not in conflict with nor with, and will not constitute a breach of of, any provision contained in Borrower's Articles Certificate of Incorporation or Bylaws, nor will they such execution, delivery and performance constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. bound Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Centra Software Inc)

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Due Authorization; No Conflict. The execution, delivery, and ------------------------------ performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan Modification Agreement (Placeware Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Borrower's-Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower 3orrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Jetfax Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower's ’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's ’s Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Anda Networks Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party party, or by which it is bound, which default could have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Cortech Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within such Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in such Borrower's Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which such Borrower is a party or by which such Borrower is bound. Such Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could have a Material Adverse EffectEffect on the financial condition or business operations of such Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Rasterops)

Due Authorization; No Conflict. The execution, delivery, and ------------------------------ performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could be reasonably likely to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Matrixone Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor and do not constitute a breach of any provision contained in Borrower's Articles Articles/Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Eprise Corp)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents to which they are a party are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles of Incorporation or BylawsBorrowers' organizational documents, nor will they constitute an event of default under any material agreement to which any Borrower is a party or by which any Borrower is boundbound which default could have a Material Adverse Effect. No Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan Agreement (Lionbridge Technologies Inc /De/)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles Articles/Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower 14 is not in default under any agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Concord Communications Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could is reasonably likely to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Therma Wave Inc)

Due Authorization; No Conflict. The execution, ------------------------------ delivery, and performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Iprint Technologies Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower's powers, have been duly authorized, authorized and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.

Appears in 1 contract

Samples: Senior Subordinated Loan and Security Agreement (Objectspace Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower's ’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's ’s Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could is reasonably likely to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Wj Communications Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the he Loan Documents are within each Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in any Borrower's Articles of Incorporation or Bylawsorganizational documents, nor will they constitute an event of default under any material agreement to which any Borrower is a party or by which any Borrower is bound. Except as disclosed in SCHEDULE A, no Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan Agreement (Moldflow Corp)

Due Authorization; No Conflict. The execution, delivery, delivery and performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles Articles/Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Opus360 Corp)

Due Authorization; No Conflict. The execution, delivery, and ------------------------------ performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. .Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Somnus Medical Technologies Inc)

Due Authorization; No Conflict. The execution, delivery, and ------------------------------ performance of the Loan Documents are within Borrower's corporate powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Liquid Audio Inc)

Due Authorization; No Conflict. The execution, delivery, and ------------------------------ performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to in which it is a party or by which it is bound, which default could have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Curon Medical Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles Certificate of Incorporation Incorporation, bylaws, or Bylawsother governing documents, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Tripath Imaging Inc)

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