Common use of Government Consents Clause in Contracts

Government Consents. Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s business as currently conducted, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.

Appears in 147 contracts

Samples: Loan and Security Agreement (Precision Biosciences Inc), Loan and Security Agreement (Thayer Ventures Acquisition Corp), Loan and Security Agreement (On24 Inc.)

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Government Consents. Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s business as currently conducted, except where the failure to do so would could not reasonably be expected to cause a Material Adverse Effect.

Appears in 36 contracts

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

Government Consents. Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s business as currently conducted, except where the failure to do so would not reasonably be expected to cause obtain which could have a Material Adverse Effect.

Appears in 17 contracts

Samples: Loan and Security Agreement (Scientific Learning Corp), Loan and Security Agreement (Nexsan Corp), Loan and Security Agreement (Tripath Technology Inc)

Government Consents. Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, except where the failure to do so would could not reasonably be expected to cause a Material Adverse Effect.

Appears in 11 contracts

Samples: Loan and Security Agreement (Genoptix Inc), Loan and Security Agreement (Verso Technologies Inc), Loan and Security Agreement (Source Energy Corp /Ut/)

Government Consents. Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.

Appears in 11 contracts

Samples: Loan and Security Agreement (Cas Medical Systems Inc), Loan and Security Agreement (Spy Optic Inc), Loan and Security Agreement (Citadel Security Software Inc)

Government Consents. Borrower and each Subsidiary have has obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s business as currently conducted, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.

Appears in 10 contracts

Samples: Master Security Agreement, Loan and Security Agreement (NTN Buzztime Inc), Loan and Security Agreement (NTN Buzztime Inc)

Government Consents. Borrower and each Subsidiary have has obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, conducted except where the failure to do so would obtain any such consent, approval or authorization, to make any such declaration or filing, or to be given any such notice could not reasonably be expected to cause have a Material Adverse Effect.

Appears in 7 contracts

Samples: Loan Modification Agreement (Alteon Websystems Inc), Loan and Security Agreement (At Home Corp), Loan and Security Agreement (Integrated Packaging Assembly Corp)

Government Consents. Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, except where the failure to do so would not obtain which could reasonably be expected to cause have a Material Adverse Effect.

Appears in 6 contracts

Samples: Loan Agreement (Clarient, Inc), Loan and Security Agreement (Ditech Communications Corp), Loan and Security Agreement (Crystal Decisions Inc)

Government Consents. Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s business as currently conducted, except where the failure to do so would not obtain which could reasonably be expected to cause have a Material Adverse Effect.

Appears in 5 contracts

Samples: Loan and Security Agreement (Adnexus Therapeutics, Inc.), Loan and Security Agreement (Biomarin Pharmaceutical Inc), Loan and Security Agreement (Patient Infosystems Inc)

Government Consents. Each Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of such Borrower’s business as currently conducted, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.

Appears in 4 contracts

Samples: Loan and Security Agreement (Everside Health Group, Inc.), Loan and Security Agreement, Loan and Security Agreement (Obalon Therapeutics Inc)

Government Consents. Borrower and each Subsidiary have has obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, conducted except where the failure to do so would obtain such consent, approval or authorization, to make any such declaration or filing or to give any such notice could not reasonably be expected to cause have a Material Adverse Effect.

Appears in 4 contracts

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

Government Consents. Borrower and each Subsidiary of Borrower have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s business as currently conducted, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.

Appears in 4 contracts

Samples: Loan and Security Agreement (Bellicum Pharmaceuticals, Inc), Loan and Security Agreement (Bellicum Pharmaceuticals, Inc), Loan and Security Agreement (Violin Memory Inc)

Government Consents. Borrower and each Subsidiary have obtained all material consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s business as currently conducted, except where the failure to do so would in each case as could not have or reasonably be expected to cause result in a Material Adverse Effect.

Appears in 3 contracts

Samples: Loan and Security Agreement (Lightpath Technologies Inc), Loan and Security Agreement (Lightpath Technologies Inc), Loan and Security Agreement (Lightpath Technologies Inc)

Government Consents. Borrower and each Subsidiary have has obtained ------------------- all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, conducted except where the failure to do so would obtain any such consent, approval or authorization, to make any such declaration or filing, or to be given any such notice could not reasonably be expected to cause have a Material Adverse Effect.

Appears in 3 contracts

Samples: Loan and Security Agreement (Inktomi Corp), Loan and Security Agreement (Inktomi Corp), Loan and Security Agreement (Snowball Com Inc)

Government Consents. Borrower and each Subsidiary have Subsidiary, has obtained ------------------- all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, except where the failure to do so would not reasonably be expected to cause 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)

Government Consents. Borrower and each Subsidiary have has obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s business as currently conducted, except where the failure to do so would not reasonably be expected to cause obtain which could have a Material Adverse Effect.

Appears in 3 contracts

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

Government Consents. Such Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s its business as currently conducted, except where the failure to do so would could not reasonably be expected to cause a Material Adverse Effect.

Appears in 3 contracts

Samples: Loan and Security Agreement (Taiwan Liposome Company, Ltd.), Loan and Security Agreement (Taiwan Liposome Company, Ltd.), Loan and Security Agreement (Taiwan Liposome Company, Ltd.)

Government Consents. Borrower and each Subsidiary have has obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s business as currently conducted, except where to the extent that failure to do so would could not reasonably be expected to cause have a Material Adverse Effect.

Appears in 3 contracts

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

Government Consents. Borrower and each Subsidiary have has obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, except where to the extent that any failure to do so would not reasonably be expected to cause have a Material Adverse Effect.

Appears in 3 contracts

Samples: Loan and Security Agreement (Accrue Software Inc), Loan and Security Agreement (Verity Inc \De\), Loan and Security Agreement (Verity Inc \De\)

Government Consents. Borrower and each Subsidiary have has obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities Governmental Authorities that are necessary for the continued operation of Borrower’s business as currently conducted, except where the failure to do so would not reasonably be expected to cause obtain which could have a Material Adverse Effect.

Appears in 3 contracts

Samples: Loan and Security Agreement (Oaktree Strategic Income II, Inc.), Loan and Security Agreement (Oaktree Strategic Income II, Inc.), Loan and Security Agreement (Fifth Street Senior Floating Rate Corp.)

Government Consents. Borrower and each Subsidiary have obtained ------------------- all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, except where the failure to do so would not reasonably be expected to cause obtain which could have a Material Adverse Effect.

Appears in 3 contracts

Samples: Loan and Security Agreement (Loudeye Technologies Inc), Loan and Security Agreement (Egain Communications Corp), Loan Agreement (Logicvision Inc)

Government Consents. Such Borrower and each Subsidiary of its Subsidiaries have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of such Borrower’s business as currently conducted, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.

Appears in 3 contracts

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

Government Consents. Borrower and each Subsidiary have has obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, except where the failure to do so would not reasonably be expected to cause have a Material Adverse Effect.

Appears in 3 contracts

Samples: Loan and Security Agreement (Faxsav Inc), Loan and Security Agreement (Faxsav Inc), Loan and Security Agreement (Sonus Networks Inc)

Government Consents. Borrower and each Subsidiary have has obtained all material consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, except where the failure to do so would not obtain which could reasonably be expected to cause have a Material Adverse Effect.

Appears in 3 contracts

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

Government Consents. Each Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s business as currently conducted, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Security Agreement (Asante Solutions, Inc.), Loan and Security Agreement (Asante Solutions, Inc.)

Government Consents. Borrower and each Subsidiary have has obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s business as currently conducted, conducted except where the failure to do so obtain such consents, declarations, notices or filings would not reasonably be expected to cause have a Material Adverse Effect.

Appears in 2 contracts

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

Government Consents. Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities Governmental Bodies that are necessary for the continued operation of Borrower’s business as currently conducted, except where the failure to do so would could not reasonably be expected to cause a Material Adverse EffectEffect on Borrower.

Appears in 2 contracts

Samples: Loan and Security Agreement (Borland Software Corp), Loan and Security Agreement (Starbase Corp)

Government Consents. Borrower and each Subsidiary have obtained all material consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, except where the failure to do so would could not reasonably be expected to cause have a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Security Agreement (908 Devices Inc.), Loan and Security Agreement (908 Devices Inc.)

Government Consents. Each Borrower and each Subsidiary have has obtained all consents, approvals approvals, and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of such Borrower’s business as currently conducted, except where the failure to do so would could not reasonably be expected to cause a Material Adverse Effect.

Appears in 2 contracts

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

Government Consents. Each Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of such Borrower’s 's business as currently conducted, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.

Appears in 2 contracts

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

Government Consents. Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities Governmental Authorities that are necessary for the continued operation of Borrower’s business as currently conducted, except where the failure to do so would could not reasonably be expected to cause a Material Adverse Effect.

Appears in 2 contracts

Samples: Term Loan  and Security Agreement (Environmental Energy Services Inc), Term Loan  and Security Agreement (Blaze Energy Corp.)

Government Consents. Borrower and each Subsidiary have has obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s business as currently conducted, except where the failure to do so would not reasonably be expected to cause obtain which could have a Material Adverse Effect.

Appears in 2 contracts

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

Government Consents. Borrower and each Subsidiary have has obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, conducted except where the any failure to do so would not reasonably be expected to cause have a Material Adverse Effect.

Appears in 2 contracts

Samples: Subordination Agreement (Hybrid Networks Inc), Loan and Security Agreement (Ribogene Inc / Ca/)

Government Consents. Subject to Section 6.11, Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s business as currently conducted, except where the failure to do so would could not reasonably be expected to cause a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Security Agreement (Pac-West Telecomm Inc), Loan and Security Agreement (Pac-West Telecomm Inc)

Government Consents. The Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all material declarations or filings with, and given all notices to, all governmental authorities Governmental Authorities that are necessary for the continued operation of the Borrower’s business as currently conducted, except where to the extent the failure to do so obtain, make or file the same would not reasonably be expected to cause have a Material Adverse Effect.

Appears in 2 contracts

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

Government Consents. Each Borrower and each Subsidiary have obtained all material consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of such Borrower’s business as currently conducted, except where the failure to do so would in each case as could not have or reasonably be expected to cause result in a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement (Lightpath Technologies Inc)

Government Consents. Borrower and each Subsidiary have has obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's or such Subsidiary's business as currently conducted, except where the failure to do so would not reasonably be expected to cause obtain which could have a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Security Agreement (Ilx Lightwave Corp), Loan and Security Agreement (Ilx Lightwave Corp)

Government Consents. Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s and its Subsidiaries’ business as currently conducted, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Security Agreement (U-Swirl, Inc.), Loan and Security Agreement (Rocky Mountain Chocolate Factory Inc)

Government Consents. Borrower and each Subsidiary have obtained all consents, approvals approvals, and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s business as currently conducted, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.

Appears in 2 contracts

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

Government Consents. Each Borrower and each Subsidiary have has obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrowereach Borrowers’ or any Subsidiary’s business as currently conducted, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect, including without limitation, all licenses, permits or authorizations from any regulatory authority with respect to the insurance business.

Appears in 2 contracts

Samples: Credit Agreement (Trupanion Inc.), Credit Agreement (Trupanion Inc.)

Government Consents. The Borrower and each Subsidiary of its Subsidiaries have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities Governmental Authorities that are necessary for the continued operation of the Borrower’s business as currently conducted, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Aly Energy Services, Inc.), Credit Agreement (Aly Energy Services, Inc.)

Government Consents. Borrower and each Subsidiary have has obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, except where the failure to do so would not reasonably be expected to cause obtain which could have a Material Adverse Effect.

Appears in 2 contracts

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

Government Consents. Each Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s such Borrowers’ business as currently conducted, except where the failure to do so would could not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Inphonic Inc)

Government Consents. Borrower and each Subsidiary have of Borrower has obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's and each such Subsidiary's business as currently conducted, except where the failure of which to do so obtain would not reasonably be expected to cause have a Material Adverse EffectEffect on Borrower's financial condition, operations or business.

Appears in 1 contract

Samples: Loan and Security Agreement (Vtel Corp)

Government Consents. Borrower Borrowers and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of each Borrower’s 's business as currently conducted, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Pfsweb Inc)

Government Consents. Borrower and each Subsidiary have has obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, except where conducted and the failure to do so absence of which would not reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Allaire Corp)

Government Consents. Borrower and each Subsidiary have has obtained all material consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s business as currently conducted, except where the failure to do so would not obtain which could reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Sonic Solutions/Ca/)

Government Consents. Each Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s such Borrowers' business as currently conducted, except where the failure to do so would could not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Inphonic Inc)

Government Consents. Borrower and each Subsidiary have obtained all material consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, except where the failure to do so would not reasonably be expected to cause obtain which could have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Seebeyond Technology Corp)

Government Consents. Borrower and each Subsidiary have has obtained all material consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, except where to the extent the failure to do so would could not reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Ultra Clean Holdings Inc)

Government Consents. Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, conducted except where the failure to do so would obtain any such consent, approval or authorization, to make any such declaration or filing, or to be given any such notice could not reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Cardiac Pathways Corp)

Government Consents. Borrower and each Subsidiary have has obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s business as currently conducted, except where the failure to do so would could not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Align Technology Inc)

Government Consents. Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, with and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s business as currently conducted, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Samples: Loan Agreement (PogoTec, Inc.)

Government Consents. Borrower and each Subsidiary have has obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, conducted except where the failure to do so would not reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Innerdyne Inc)

Government Consents. Borrower (and each Subsidiary have Subsidiary, if any) has ------------------- obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, except where the failure to do so would not reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan Modification Agreement (Orapharma Inc)

Government Consents. Borrower and each Subsidiary have has obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s business as currently conducted, except where the failure to do so would could not reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Anda Networks Inc)

Government Consents. Each Borrower and each Subsidiary have obtained all material consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of such Borrower’s business as currently conducted, except where for such consents, approval or authorization the failure to do so would obtain could not reasonably be expected to cause result in a Material Adverse Effect.

Appears in 1 contract

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

Government Consents. Borrower and each Subsidiary have has obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, conducted except where the failure to do so obtain any such consent, approval or authorization, to make any such declaration or filing or to give any such notice would not reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Nuko Information Systems Inc /Ca/)

Government Consents. Borrower and each Material Subsidiary have has obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s business as currently conducted, except where the failure to do so would not obtain, make or give which is reasonably be expected likely to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Wj Communications Inc)

Government Consents. Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities and third parties that are necessary or advisable for the continued operation of Borrower’s business as currently conducted, except where the failure to do so would could not reasonably be expected to cause have a Material Adverse Effect, or to permit the consummation of the transactions contemplated by the Loan Documents.

Appears in 1 contract

Samples: Loan and Security Agreement (Salix Pharmaceuticals LTD)

Government Consents. Borrower and each Material Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s business as currently conducted, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

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

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Government Consents. Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, except where the failure to do so would not reasonably be expected to cause obtain which could have a Material Adverse Effect.. 5.16

Appears in 1 contract

Samples: Loan and Security Agreement (Persistence Software Inc)

Government Consents. Borrower and each Subsidiary have has obtained all consents, approvals and authorizations of, made all declarations or filings with, with and given all notices to, to all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, conducted except where the failure got obtain any such consent, approval or authorization, to do so would make any such declaration or filing, or to be given any such notice could not reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Va Linux Systems Inc)

Government Consents. Borrower and each Subsidiary have has obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, except where the failure to do so of which would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Synchronicity Inc)

Government Consents. Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s business as currently conducted, except where the failure to do so would not reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Concur Technologies Inc)

Government Consents. Each of Borrower and each Subsidiary have its Subsidiaries has obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s the business of each of Borrower and its Subsidiaries as currently conducted, except where the failure to do so would could not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Orchid Biosciences Inc)

Government Consents. Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, of made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s business as currently conducted, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (GLAUKOS Corp)

Government Consents. Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s business as currently conducted, except where the failure to do so would not reasonably be expected to cause result in a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Igi Laboratories, Inc)

Government Consents. Borrower and each Subsidiary have has obtained all ------------------- consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, conducted except where the failure to do so would obtain any such consent, approval or authorization, to make any such declaration or filing, or to be given any such notice could not reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Inktomi Corp)

Government Consents. Borrower and each Subsidiary have has obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s Xxxxxxxx's business as currently conducted, conducted except where the failure to do so would obtain such consent, approval or authorization, to make any such declaration or filing or to give any such notice could not reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement

Government Consents. Borrower and each Subsidiary have has obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, except where the failure of which to do so obtain would not reasonably be expected to cause have a Material Adverse EffectEffect on Borrower's financial condition, operations or business.

Appears in 1 contract

Samples: Loan and Security Agreement (Vtel Corp)

Government Consents. Borrower and each Subsidiary have has obtained all consents, approvals and authorizations of, made all declarations or filings with, with and given all notices to, to all governmental authorities that are necessary for the continued operation of Borrower’s business as currently conducted, conducted except where the failure got obtain any such consent, approval or authorization, to do so would make any such declaration or filing, or to be given any such notice could not reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Odetics Inc)

Government Consents. Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s business as currently conducted, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

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

Government Consents. Borrower and each Subsidiary have obtained all material consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s business as currently conducted, except where the failure to do so would could not reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (908 Devices Inc.)

Government Consents. Borrower and each Subsidiary have has obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, except where the failure to do so obtain any such consent, approval or authorization, to make any such declaration or filing or to given any such notice would not reasonably be expected to cause a have Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Abgenix Inc)

Government Consents. Borrower and each Subsidiary have of its Subsidiaries has obtained all consents, approvals approvals, franchises, certificates, licenses, permits and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrowersuch Person’s business as currently conducted, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Siebert Financial Corp)

Government Consents. Borrower and each Subsidiary have has obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, except where the any failure to do so would not reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Viant Corp)

Government Consents. Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s business as currently conducted, except where the failure to do so would could not reasonably be expected to cause a Material Adverse Effect.. April 4, 2012

Appears in 1 contract

Samples: Loan and Security Agreement

Government Consents. Each Borrower and each Subsidiary have has obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of each Borrower’s 's business as currently conducted, conducted except in each case where the failure of any of the foregoing to do so would be true and correct could not reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Uniphase Corp /Ca/)

Government Consents. Borrower and each Subsidiary have has obtained all ------------------- consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, except where the failure to do so would not conducted noncompliance with which could reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Liquid Audio Inc)

Government Consents. Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s business as currently conducted, except where the failure to do so would not reasonably be expected likely to cause result in a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Qumu Corp)

Government Consents. Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, conducted except where the failure to do so obtain any such consent, approval or authorization, to make any such declaration or filing, or to be given any such notice would not reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Vidamed Inc)

Government Consents. Borrower Borrowers and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s Borrowers’ business as currently conducted, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Limeade, Inc)

Government Consents. To the best of Borrower's knowledge, Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, except where the failure to do so would could not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Vitalstream Holdings Inc)

Government Consents. To the best of Borrower’s knowledge, Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s business as currently conducted, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Provide Commerce Inc)

Government Consents. Except as disclosed in the Schedule, Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s business as currently conducted, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

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

Government Consents. Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, except where the failure to do so obtain which would not reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Lynx Therapeutics Inc)

Government Consents. Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of BorrowerXxxxxxxx’s business as currently conducted, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Precision Biosciences Inc)

Government Consents. Borrower and each Subsidiary have has obtained all ------------------- consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, except where to the extent that failure to do so would not reasonably be expected to cause have a Material Adverse EffectEffect on the Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Corsair Communications Inc)

Government Consents. Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental 14 authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, except where the failure to do so would not obtain which could reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Novatel Wireless Inc)

Government Consents. Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s business as currently conducted, except where the failure to do so would not reasonably be expected to cause obtain which could have a Material Adverse Effect.. 12 5.16

Appears in 1 contract

Samples: Loan and Security Agreement (Scientific Learning Corp)

Government Consents. Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s business as currently conducted, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

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

Government Consents. Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s business as currently conducted, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.. 5.12

Appears in 1 contract

Samples: Loan and Security Agreement

Government Consents. Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, except where the failure to do so would not obtain which is reasonably be expected likely to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Tci Solutions Inc)

Government Consents. Borrower and each Subsidiary have has obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that which are necessary for the continued operation of Borrower’s 's business as currently conducted, except where the failure to do so would not reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Mti Technology Corp)

Government Consents. Borrower and each Subsidiary have of its Subsidiaries has obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s business as currently conducted, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Egain Communications Corp)

Government Consents. Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, ; except in each case where the failure of any of the foregoing to do so would be true and correct could not reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Master Credit Agreement (Domark International Inc.)

Government Consents. Borrower and each Subsidiary have has obtained all ------------------- consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, except where the failure to do so would not reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

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

Government Consents. Borrower and each Subsidiary have has obtained ------------------- all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for where the continued operation of failure so to do could be reasonably likely to have a material adverse effect on Borrower’s 's ability to operate its business as currently conducted, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Matrixone Inc)

Government Consents. Borrower and each Subsidiary have obtained all consents, approvals approvals, franchises, certificates, licenses, permits and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s business as currently conducted, except where the failure to do so would not reasonably be expected to cause a Material Adverse EffectChange.

Appears in 1 contract

Samples: Subordinated Term Loan and Security Agreement (Sonim Technologies Inc)

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