Common use of Evidence of Compliance Clause in Contracts

Evidence of Compliance. Borrowers shall furnish to Agent, as required by Section 4.1, a Compliance Certificate as evidence of (a) the monthly cash and Cash Equivalents of Borrowers and Borrowers and their Consolidated Subsidiaries, (b) Borrowers’ compliance with the covenants in this Article, and (c) that no Event of Default specified in this Article has occurred. The Compliance Certificate shall include, without limitation, (x) a statement and report, in form and substance reasonably satisfactory to Agent, detailing Borrowers’ calculations, and (y) if requested by Agent, back-up documentation (including, without limitation, bank statements, invoices, receipts and other evidence of costs incurred during such quarter as Agent shall reasonably require) evidencing the propriety of the calculations.

Appears in 5 contracts

Samples: Credit and Security Agreement (Akoya Biosciences, Inc.), Credit and Security Agreement (Alpha Teknova, Inc.), Credit and Security Agreement (Alpha Teknova, Inc.)

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Evidence of Compliance. Borrowers shall furnish to Agent, as required by Section 4.1, a Compliance Certificate as evidence of (ax) the monthly cash and Cash Equivalents cash equivalents of Borrowers and Borrowers and their Consolidated Subsidiaries, (by) as applicable, of Borrowers’ compliance with the covenants in this Article, and (cz) that no Event of Default specified in this Article has occurred. The Compliance Certificate shall include, without limitation, (xa) a statement and report, in form and substance reasonably satisfactory to Agent, detailing Borrowers’ calculations, and (yb) if requested by Agent, back-up documentation (including, without limitation, bank statements, invoices, receipts and other evidence of costs incurred during such quarter as Agent shall reasonably require) evidencing the propriety of the calculations.

Appears in 5 contracts

Samples: Credit and Security Agreement (Sientra, Inc.), Credit and Security Agreement (Aziyo Biologics, Inc.), Credit and Security Agreement (Aziyo Biologics, Inc.)

Evidence of Compliance. Borrowers shall furnish to Agent, as together with the financial reporting required by of Borrowers in Section 4.14.1 hereof, a Compliance Certificate as evidence of (ax) the monthly cash and Cash Equivalents cash equivalents of Borrowers and Borrowers and their Consolidated Subsidiaries, (by) as applicable, of Borrowers’ compliance with the applicable covenants in this Article, and (cz) that no Event of Default specified in this Article has occurred. The Compliance Certificate shall include, without limitation, (xa) a statement and report, in on a form and substance reasonably satisfactory to approved by Agent, detailing Borrowers’ calculations, and (yb) if requested by Agent, back-up documentation (including, without limitation, bank statements, invoices, receipts and other evidence of costs incurred during such quarter as Agent shall reasonably require) evidencing the propriety of the calculations.

Appears in 5 contracts

Samples: Credit and Security Agreement (Aterian, Inc.), Credit and Security Agreement (Mohawk Group Holdings, Inc.), Credit and Security Agreement (Mohawk Group Holdings, Inc.)

Evidence of Compliance. Borrowers shall furnish to Agent, as required by Section 4.1, a Compliance Certificate as evidence of (a) the monthly cash and Cash Equivalents of Borrowers and Borrowers and their Consolidated Subsidiaries, (b) Borrowers’ compliance with the covenants in this Article, and (c) that no Event of Default specified in this Article has occurred. The Compliance Certificate shall include, without limitation, (x) a statement and report, in form and substance reasonably satisfactory to Agent, detailing Borrowers’ calculations, and (y) if requested by Agent, back-up backup documentation (including, without limitation, bank statements, invoices, receipts and other evidence of costs incurred during such quarter as Agent shall reasonably require) evidencing the propriety of the calculations.

Appears in 2 contracts

Samples: Credit and Security Agreement (Akoya Biosciences, Inc.), Credit and Security Agreement (Akoya Biosciences, Inc.)

Evidence of Compliance. Borrowers shall furnish to Agent, as required by Section 4.1, a Compliance Certificate as evidence of (ax) the monthly cash and Cash Equivalents cash equivalents of Borrowers and Borrowers and their Consolidated Subsidiaries, (by) as applicable, of Borrowers’ compliance with the covenants in this Article, and (cz) that no Event of Default specified in this Article has occurred. The Compliance Certificate shall include, without limitation, (xa) a statement and report, in on a form and substance reasonably satisfactory to approved by Agent, detailing Borrowers’ calculations, and (yb) if requested by Agent, back-up documentation (including, without limitation, bank statements, invoices, receipts and other evidence of costs incurred during such quarter month as Agent shall reasonably require) evidencing the propriety of the calculations.

Appears in 2 contracts

Samples: Credit and Security Agreement (Novadaq Technologies Inc), Credit and Security Agreement (Novadaq Technologies Inc)

Evidence of Compliance. Borrowers shall furnish to Agent, as required by Section 4.1, a Compliance Certificate as evidence of (ax) the monthly cash and Cash Equivalents cash equivalents of Borrowers and Borrowers and their Consolidated Subsidiaries, (by) as applicable, of Borrowers’ compliance with the covenants in this Article, and (cz) that no Event of Default specified in this Article has occurredoccurred and is continuing. The Compliance Certificate shall include, without limitation, (xa) a statement and report, in form and substance reasonably satisfactory to Agent, detailing Borrowers’ calculations, and (yb) if requested by Agent, back-up documentation (including, without limitation, bank statements, invoices, receipts and other evidence of costs incurred during such quarter month as Agent shall reasonably require) evidencing the propriety of the calculations.

Appears in 2 contracts

Samples: Credit and Security Agreement (Sight Sciences, Inc.), Credit and Security Agreement (Sight Sciences, Inc.)

Evidence of Compliance. Borrowers Credit Parties shall furnish to Agent, as required by Section 4.14.1 hereof, a Compliance Certificate as evidence of (a) the monthly cash and Cash Equivalents of Borrowers and Borrowers (x) Credit Parties and their Consolidated Subsidiaries and (y) the Excluded Subsidiaries, (b) BorrowersCredit Parties’ compliance with the applicable covenants in this Article, Article and (c) that no Event of Default specified in this Article has occurred. The Compliance Certificate shall include, without limitation, (xi) a statement and report, report in form and substance reasonably satisfactory to Agent, detailing BorrowersCredit Parties’ calculations, and (yii) if requested by Agent, back-up documentation (including, without limitation, bank statements, invoices, receipts and other evidence of costs or expenses incurred during such quarter month as Agent shall reasonably require) evidencing the propriety of the calculations.

Appears in 1 contract

Samples: Credit, Security and Guaranty Agreement (Rubicon Technologies, Inc.)

Evidence of Compliance. Borrowers shall furnish to Agent, as required by Section 4.1, a Compliance Certificate as evidence (x) of (a) the monthly cash and Cash Equivalents of Borrowers and Borrowers and their Consolidated Subsidiaries, (by) of Borrowers’ compliance with the covenants in this Article, and (cz) that no Event of Default specified in this Article has occurred. The Compliance Certificate shall include, without limitation, (xa) a statement and report, in form and substance reasonably satisfactory to Agent, detailing Borrowers’ calculations, and (yb) if to the extent reasonably requested by Agent, back-up documentation (including, without limitation, bank statements, invoices, receipts and other evidence of costs incurred during such quarter as Agent shall reasonably require) evidencing the propriety of the calculations.

Appears in 1 contract

Samples: Credit and Security Agreement (TherapeuticsMD, Inc.)

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Evidence of Compliance. Borrowers shall furnish to Agent, as required by Section 4.1, a Compliance Certificate as evidence of (a) the monthly cash and Cash Equivalents cash equivalents of Borrowers and Borrowers and their Consolidated Subsidiaries, (b) as applicable, of Borrowers’ compliance with the covenants in this Article, and (c) that no Event of Default specified in this Article has occurred. The Compliance Certificate shall include, without limitation, (xi) a statement and report, in form and substance reasonably satisfactory to Agent, detailing Borrowers’ calculations, and (yii) if requested by Agent, back-up documentation (including, without limitation, bank statements, invoices, receipts and other evidence of costs incurred during such quarter as Agent shall reasonably require) evidencing the propriety of the calculations.

Appears in 1 contract

Samples: Credit and Security Agreement (HTG Molecular Diagnostics, Inc)

Evidence of Compliance. Borrowers shall furnish to Agent, as required by Section 4.1, a Compliance Certificate as evidence of (a) the monthly cash and Cash Equivalents cash equivalents of Borrowers and Borrowers and their Consolidated Subsidiaries, (b) Borrowers’ compliance with the covenants in this Article, as applicable and (c) that no Event of Default specified in this Article has occurred. The Compliance Certificate shall include, without limitation, (xi) a statement and report, in form and substance reasonably satisfactory to Agent, detailing Borrowers’ calculations, and (yii) if requested by Agent, back-up documentation (including, without limitation, bank statements, invoices, receipts and other evidence of costs incurred during such quarter as Agent shall reasonably require) evidencing the propriety of the calculations.

Appears in 1 contract

Samples: Credit and Security Agreement (PTC Therapeutics, Inc.)

Evidence of Compliance. Borrowers shall furnish to Lender Agent, as together with the financial reporting required by Section 4.1, a Compliance Certificate as evidence of (a) the monthly cash and Cash Equivalents of Borrowers pursuant to Section 4.1 (Reports and Borrowers Notices), evidence (in form and their Consolidated Subsidiaries, (bcontent satisfactory to Lender Agent) of Borrowers’ compliance with the covenants in this Article, Section 6.17 and (c) evidence that no Default or Event of Default specified in resulting from the provisions of this Article Section 6.17 has occurredoccurred and is continuing. The Compliance Certificate Such evidence shall include, without limitation, (xa) a statement and report, in on a form and substance reasonably satisfactory to approved by Lender Agent, detailing Borrowers’ calculations, and (yb) if requested by Lender Agent, back-up documentation (including, without limitation, bank statements, invoices, receipts and other evidence of costs incurred during such quarter as Lender Agent shall reasonably require) evidencing the propriety of the calculations.

Appears in 1 contract

Samples: Credit Agreement (Integrated Healthcare Holdings Inc)

Evidence of Compliance. Borrowers shall furnish to Agent, as required by Section 4.1, a Compliance Certificate as evidence of (a) the monthly cash and Cash Equivalents of Borrowers and Borrowers and their Consolidated Subsidiaries, (b) Borrowers’ compliance with the covenants in this Article, and (c) that no Event of Default specified in this Article has occurred. The Compliance Certificate shall include, without limitation, (x) a statement and report, in form and substance reasonably satisfactory to Agent, detailing Borrowers’ calculations, and (y) if requested by Agent, back-up documentation (including, without limitation, bank statements, invoices, receipts and other evidence of costs incurred during such quarter as Agent shall reasonably require) evidencing the propriety of the calculations.. ​

Appears in 1 contract

Samples: Credit and Security Agreement (Akoya Biosciences, Inc.)

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