Common use of Material Adverse Change Clause in Contracts

Material Adverse Change. If there (i) occurs a material adverse change in the business, operations, or condition (financial or otherwise) of the Borrower, or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations or (iii) is a material impairment of the value or priority of Bank's security interests in the Collateral;

Appears in 29 contracts

Samples: Loan and Security Agreement (Headway Technologies Inc), Loan and Security Agreement (Objectspace Inc), Loan and Security Agreement (Mission Critical Software Inc)

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Material Adverse Change. If there (i) occurs a material adverse change in the business, operations, or financial condition (financial or otherwise) of the Borrower, or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations Obligations; or (iii) is a material impairment of the value or priority of Bank's ’s security interests in the Collateral;Collateral (the foregoing being defined as a “Material Adverse Change”).

Appears in 14 contracts

Samples: Loan and Security Agreement (Smart Move, Inc.), Loan and Security Agreement (Cardiomems Inc), Loan and Security Agreement (Netlogic Microsystems Inc)

Material Adverse Change. If there (i) occurs a material adverse change in the business, operations, or financial condition (financial or otherwise) of the Borrower, or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations Obligations; or (iii) is a material impairment of the value or priority of Bank's security interests in the Collateral;Collateral (the foregoing being defined as a "Material Adverse Change").

Appears in 10 contracts

Samples: Loan and Security Agreement (Divx Inc), Loan and Security Agreement (Limelight Networks, Inc.), Loan and Security Agreement (Optika Inc)

Material Adverse Change. If there (i) occurs a material adverse change in the business, operations, or condition (financial or otherwise) of the Borrower, Borrower or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations or (iii) is a material impairment of the value or priority of Bank's security interests in the Collateral;

Appears in 9 contracts

Samples: Loan and Security Agreement (Vidamed Inc), Loan and Security Agreement (Integrated Packaging Assembly Corp), Loan and Security Agreement (Pharmchem Laboratories Inc)

Material Adverse Change. If there (i) occurs a material adverse change in the business, operations, or condition (financial or otherwise) of the Borrower, or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations or (iii) is a material impairment of the value or priority of Bank's security interests in the Collateral;.

Appears in 8 contracts

Samples: Loan and Security Agreement (Silicon Storage Technology Inc), Loan and Security Agreement (Epoch Biosciences Inc), Loan and Security Agreement (Optium Corp)

Material Adverse Change. If there (i) occurs a material adverse change in the business, business operations, or condition (financial or otherwise) of the Borrower, ; or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations Obligations; or (iii) is a material impairment of the value or priority of Bank's ’s security interests in the Collateral;.

Appears in 6 contracts

Samples: Loan and Security Agreement (Saba Software Inc), Loan and Security Agreement (Xenogen Corp), Loan and Security Agreement (Saba Software Inc)

Material Adverse Change. If there (i) occurs a material adverse change in the business, operations, or condition (financial or otherwise) of the Borrower, or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations or (iii) is a material impairment of the value or priority of Bank's security interests in the Collateral;Collateral (any of the foregoing is referred to herein as a "Material Adverse Change").

Appears in 6 contracts

Samples: Loan and Security Agreement (Kintera Inc), Loan and Security Agreement (Dpac Technologies Corp), Loan and Security Agreement (Applied Molecular Evolution Inc)

Material Adverse Change. If there (i) occurs a material adverse change impairment in the business, operations, perfection or condition (financial or otherwise) priority of the Borrower, Bank's security interest in the Collateral or in the value of such Collateral which is not covered by adequate insurance or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations or (iii) is a material impairment of the value or priority of Bank's security interests in the Collateral;Obligations.

Appears in 6 contracts

Samples: Loan and Security Agreement (Corillian Corp), Loan and Security Agreement (Corillian Corp), Security Agreement (Corillian Corp)

Material Adverse Change. If there (i) occurs a material adverse change in the business, operations, or condition (financial or otherwise) of the Borrower, or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations or (iii) is a material impairment of the value or priority of Bank's ’s security interests in the Collateral;.

Appears in 6 contracts

Samples: Loan and Security Agreement (Optio Software Inc), Loan and Security Agreement (Roxio Inc), Loan and Security Agreement (Optio Software Inc)

Material Adverse Change. If there (i) occurs a material adverse change in the business, operations, or condition (financial or otherwise) of the Borrower, or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations or (iii) is a material impairment of the value or priority of Bank's security interests in the Collateral;

Appears in 5 contracts

Samples: Loan and Security Agreement (Tripath Imaging Inc), Loan and Security Agreement (Versatility Inc), Asset Purchase Agreement (Ross Technology Inc)

Material Adverse Change. If there (i) occurs a material adverse change ----------------------- in the business, operations, or condition (financial or otherwise) of the Borrower, or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations or (iii) is a material impairment of the value or priority of Bank's security interests in the Collateral;

Appears in 5 contracts

Samples: Loan and Security Agreement (Audible Inc), Loan and Security Agreement (C-Bridge Internet Solutions Inc), Loan and Security Agreement (Copper Mountain Networks Inc)

Material Adverse Change. If there (i) occurs a material adverse change in the business, operations, or condition (financial or otherwise) of the Borrower, or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations Obligations; or (iii) is a material impairment of the value or priority of Bank's security interests in the Collateral;.

Appears in 4 contracts

Samples: Loan and Security Agreement (Intrabiotics Pharmaceuticals Inc /De), Loan and Security Agreement (Novoste Corp /Fl/), Loan and Security Agreement (Mitokor)

Material Adverse Change. If there (i) occurs a material adverse change in the business, operations, or condition (financial or otherwise) of the Borrower, or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations or (iii) is a material impairment of the value or priority of Bank's security interests in the CollateralObligations;

Appears in 4 contracts

Samples: Loan and Security Agreement (Pharsight Corp), Loan and Security Agreement (Onyx Software Corp/Wa), Loan and Security Agreement (Onyx Software Corp/Wa)

Material Adverse Change. If there (i) occurs a material adverse change in the business, operations, or condition (financial or otherwise) of the BorrowerBorrower or any Subsidiary, or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations or (iii) is a material impairment of the value or priority of Bank's security interests in the Collateral;

Appears in 3 contracts

Samples: Loan and Security Agreement (Hie Inc), Loan and Security Agreement (Hie Inc), Loan and Security Agreement (Firstwave Technologies Inc)

Material Adverse Change. If there (i) occurs a material adverse change in the business, operations, or condition (financial or otherwise) of the BorrowerBorrower which has a Material Adverse Effect, or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations or (iii) is a material impairment of the value or priority of Bank's security interests in the Collateral;

Appears in 3 contracts

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

Material Adverse Change. If there (i) occurs a material adverse change in the business, operations, or condition (financial or otherwise) of the Borrower, or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations or (iii) is a material impairment of the value or priority of Bank's security interests in the Collateral;Obligations.

Appears in 3 contracts

Samples: Loan and Security Agreement (Akamai Technologies Inc), Loan Agreement (Continuus Software Corp /Ca), Loan and Security Agreement (Plumtree Software Inc)

Material Adverse Change. If there (i) occurs a material adverse change in the business, operations, or condition (financial or otherwise) of the Borrower, or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations or (iii) is a material impairment of the value or priority of Bank's ’s security interests in the Collateral;Collateral (any of the foregoing is referred to herein as a “Material Adverse Change”).

Appears in 3 contracts

Samples: Loan and Security Agreement (Occam Networks Inc/De), Loan and Security Agreement (Skinmedica Inc), Loan and Security Agreement (Senorx Inc)

Material Adverse Change. If there (i) occurs a material adverse change in the business, operations, or condition (financial or otherwise) of the Borrower, or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations Obligations, or (iii) is a material impairment of the value or priority of Bank's security interests in the Collateral;

Appears in 3 contracts

Samples: Loan and Security Agreement (Maker Communications Inc), Loan and Security Agreement (Maker Communications Inc), Loan Modification Agreement (Art Technology Group Inc)

Material Adverse Change. If there (i) occurs a material adverse change in the business, business operations, or condition (financial or otherwise) of the Borrower, ; or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations Obligations; or (iii) is a material impairment of the value or priority of Bank's ’s security interests in the Collateral;

Appears in 2 contracts

Samples: Loan and Security Agreement (Lexar Media Inc), Loan and Security Agreement (Lexar Media Inc)

Material Adverse Change. If there (i) occurs a material adverse change in the business, operations, or condition (financial or otherwise) of the Borrower, or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations or (iii) is a material impairment of the value or priority of Bank's ’s security interests in the CollateralCollateral (each of (i), (ii) and (iii) above shall be referred to herein as a “Material Adverse Change”);

Appears in 2 contracts

Samples: Loan and Security Agreement (California Micro Devices Corp), Loan and Security Agreement (California Micro Devices Corp)

Material Adverse Change. If there (i) occurs a material adverse change in the business, business operations, or condition (financial or otherwise) of the Borrower, ; or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations Obligations; or (iii) is a material impairment of the value or priority of Bank's security interests in the Collateral;.

Appears in 2 contracts

Samples: Loan and Security Agreement (Therma Wave Inc), Loan and Security Agreement (Vitria Technology Inc)

Material Adverse Change. If there (ia) occurs a material adverse change in the business, operations, or condition (financial or otherwise) of the Borrower, or (iib) is a material impairment of the prospect of repayment of any portion of the Obligations or (iiic) is a material impairment of the value or priority of Bank's security interests in the Collateral;

Appears in 2 contracts

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

Material Adverse Change. If there (i) occurs a material adverse change in the business, operations, or condition (financial or otherwise) of the BorrowerBorrowers and their Subsidiaries taken as a whole, or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations or (iii) is a material impairment of the value or priority of Bank's ’s security interests in the Collateral;.

Appears in 2 contracts

Samples: Loan and Security Agreement (Manugistics Group Inc), Loan and Security Agreement (Manugistics Group Inc)

Material Adverse Change. If there (i) occurs a material adverse change in the business, operations, or condition (financial or otherwise) or prospects of the Borrower, or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations or (iii) is a material impairment of the value or priority of BankLender's security interests in the Collateral;

Appears in 2 contracts

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

Material Adverse Change. If there (i) occurs a material adverse change in the business, operations, or condition (financial or otherwise) of the Borrower, or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations Obligations; or (iii) is a material impairment of the value or priority of Bank's ’s security interests in the Collateral;.

Appears in 2 contracts

Samples: Loan Modification Agreement (Synaptics Inc), Loan and Security Agreement (Endocardial Solutions Inc)

Material Adverse Change. If there (i) occurs a material adverse change in the business, operations, or condition (financial or otherwise) of the any Borrower, or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations or (iii) is a material impairment of the value or priority of Bank's ’s security interests in the Collateral;.

Appears in 2 contracts

Samples: Loan and Security Agreement (Visual Networks Inc), Loan and Security Agreement (Visual Networks Inc)

Material Adverse Change. If there (i) occurs a material adverse change in the business, operations, or condition (financial or otherwise) of the Borrower, ; or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations Obligations; or (iii) is a material impairment of the value or priority of Bank's security interests in a material portion of the Collateral;

Appears in 2 contracts

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

Material Adverse Change. If there (i) occurs a material adverse change in the business, operations, or condition (financial or otherwise) of the Borrower, or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations or (iii) is the foregoing being defined as a material impairment of the value or priority of Bank's security interests in the Collateral;“Material Adverse Change”).

Appears in 2 contracts

Samples: Loan and Security Agreement (Thomas Weisel Partners Group, Inc.), Loan Agreement (JH Evergreen Management, LLC)

Material Adverse Change. If there (i) occurs a material adverse change in the business, operations, or condition (financial or otherwise) of the Borrower, or (ii) is a material impairment of the prospect of repayment of any nay portion of the Obligations or (iii) is a material impairment of the value or priority of Bank's ’s security interests in the Collateral;.

Appears in 2 contracts

Samples: Loan and Security Agreement (Sirf Technology Holdings Inc), Loan Modification Agreement (Sirf Technology Holdings Inc)

Material Adverse Change. If there (i) occurs occurs, compared to the date hereof, a material adverse change in the business, operations, or condition (financial or otherwise) of the Borrower, or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations or (iii) is a material impairment of the value or priority of Bank's security interests in the Collateral (assuming that as of the date hereof the Bank has a first perfected security interest in the Collateral, subject only to the Permitted Liens);

Appears in 2 contracts

Samples: Loan and Security Agreement (Maxim Pharmaceuticals Inc), Loan and Security Agreement (Maxim Pharmaceuticals Inc)

Material Adverse Change. If there (i) occurs a material adverse change in ----------------------- the business, operations, or condition (financial or otherwise) of the Borrower, or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations or (iii) is a material impairment of the value or priority of Bank's security interests in the CollateralCollateral (any of the foregoing events or occurrences is referred to herein as a "Material Adverse Change");

Appears in 2 contracts

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

Material Adverse Change. If there (ia) occurs a material adverse change in the business, operations, or condition (financial or otherwise) of the Borrower, or (iib) is a material impairment of the prospect of repayment of any portion of the Obligations Obligations, or (iiic) is a material impairment of the value or priority of Bank's ’s security interests in the Collateral;

Appears in 2 contracts

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

Material Adverse Change. If there (i) occurs A material impairment in the perfection or priority of Bank's security interest in the Collateral or in the value of such Collateral which is not covered by adequate insurance occurs; (ii) a material adverse change in the business, operations, or condition (financial or otherwise) of the Borrower, Borrowers on a consolidated basis occurs; or (iiiii) is a material impairment of the prospect of repayment of any portion of the Obligations or (iii) is a material impairment of the value or priority of Bank's security interests in the Collateral;occurs.

Appears in 2 contracts

Samples: Loan and Security Agreement by And (Kanbay International Inc), Loan and Security Agreement by And (Kanbay International Inc)

Material Adverse Change. If there (i) occurs a material impairment in the perfection or priority of the Bank's security interest in the Collateral or in the value of such Collateral which is not covered by adequate insurance or (ii) is a material adverse change in the business, operations, operations or condition (financial or otherwise) of the Borrower, or Borrower (ii) is a material impairment of the prospect of repayment of any portion of the Obligations or (iii) is a material impairment of the value or priority of Bank's security interests in the Collateral;"Material Adverse Change").

Appears in 2 contracts

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

Material Adverse Change. If there (i) occurs a material adverse change in the business, operations, operations or condition (financial or otherwise) of the Borrower, or (ii) is Borrower that results in a material impairment of the prospect of repayment of any portion of the Obligations or (iii) is a material impairment of the value or priority of Bank's security interests interest in a material portion of the Collateral;

Appears in 2 contracts

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

Material Adverse Change. If there occurs: (i) occurs a material adverse change in the business, operations, or condition (financial or otherwise) other condition of the Borrower, ; or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations Obligations; or (iii) is a material impairment of the value or priority of Bank's security interests in the Collateral;

Appears in 1 contract

Samples: Loan and Security Agreement (Callidus Software Inc)

Material Adverse Change. If there (ia) occurs a material adverse change in the business, operations, or condition (financial or otherwise) of the Borrower, or (iib) is a material impairment of the prospect of repayment of any portion of the Obligations Obligations; or (iiic) is a material impairment of the value or priority of Bank's ’s security interests in the CollateralCollateral (the foregoing being defined as a “Material Adverse Change”);

Appears in 1 contract

Samples: Loan and Security Agreement (GSV Capital Corp.)

Material Adverse Change. If there (i) occurs a material adverse change in the business, operations, or condition (financial or otherwise) or prospects of the Borrower, Borrower or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations or (iii) is a material impairment of the value or priority of Bank's ’s security interests in the Collateral;

Appears in 1 contract

Samples: Loan and Security Agreement (Anda Networks Inc)

Material Adverse Change. If there (i) occurs a material adverse change in the business, operations, financial condition or condition (financial or otherwise) prospects of the Borrower, Borrower or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations or (iii) is a material impairment of the value or priority of Bank's ’s security interests in the Collateral;

Appears in 1 contract

Samples: Loan and Security Agreement (Focus Enhancements Inc)

Material Adverse Change. If there (i) occurs a material adverse change in the business, operations, or condition (financial or otherwise) of the Borrower, or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations Obligations, or (iii) is a material impairment of the value of the Collateral or a negative change in the priority of Bank's security interests in the Collateral; and the occurrence of any one of which shall, for purposes of this Agreement, constitute a "Material Adverse Change";

Appears in 1 contract

Samples: Loan and Security Agreement (Advanced Energy Industries Inc)

Material Adverse Change. If there (i) occurs a material adverse change in the business, operations, or condition (financial or otherwise) of the BorrowerBorrower and its Subsidiaries taken as a whole, or (ii) is a material impairment of Borrower's ability to repay the prospect of repayment of any portion of the outstanding Obligations in their entirety or (iii) is a material impairment of the value or priority of Bank's security interests in the Collateral;

Appears in 1 contract

Samples: Loan and Security Agreement (Inhibitex Inc)

Material Adverse Change. If there (i) occurs a material adverse change in the business, operations, or condition (financial or otherwise) of the Borrower, or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations or (iii) is a material impairment of the value or priority of Bank's security interests interest in the Collateral;.

Appears in 1 contract

Samples: Loan and Security Agreement (Novacept Inc)

Material Adverse Change. If there (i) occurs a material adverse ----------------------- change in the business, operations, or condition (financial or otherwise) of the Borrower, Borrower or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations or (iii) is a material impairment of the value or priority of BankLender's security interests in the Collateral;

Appears in 1 contract

Samples: Loan and Security Agreement (Snowball Com Inc)

Material Adverse Change. If there There occurs (i) occurs a material adverse change in the business, operations, operations or condition (financial or otherwise) of the Borrower, or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations Obligations, or (iii) is a material impairment of to the value or priority of Bank's security interests interest in the Collateral;Collateral (or any material portion thereof).

Appears in 1 contract

Samples: Loan and Security Agreement (Critical Path Inc)

Material Adverse Change. (i) If there (i) occurs a material adverse change in the business, operations, or condition (financial or otherwise) of the Borrower, or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations or (iii) is a material impairment of the value or priority of Bank's security interests in the Collateral;

Appears in 1 contract

Samples: Loan and Security Agreement (Packeteer Inc)

Material Adverse Change. If there (i) occurs a material adverse change in the business, operations, or condition (financial or otherwise) of the Borrower, or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations or (iii) is a material impairment of the value or priority of Bank's security interests in the Collateral;Collateral (each of (i), (ii) or (iii) being called a "Material Adverse Change").

Appears in 1 contract

Samples: Loan and Security Agreement (Witness Systems Inc)

Material Adverse Change. If there (i) occurs a material adverse change ---- ------------------------ in the business, operations, or condition (financial or otherwise) of the Borrower, or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations as the same shall become due or (iii) is a material impairment of the value or priority of Bank's security interests in the Collateral;

Appears in 1 contract

Samples: Loan and Security Agreement (Seachange International Inc)

Material Adverse Change. If there (ia) occurs a material adverse change in the business, operations, or financial condition (financial or otherwise) of the BorrowerBorrowers, or (iib) is a material impairment of the prospect of repayment of any portion of the Obligations Obligations; or (iiic) is a material impairment of the value or priority of Bank's security interests in the CollateralCollateral (the foregoing being defined as a "Material Adverse Change");

Appears in 1 contract

Samples: Loan and Security Agreement (Ramtron International Corp)

Material Adverse Change. If there (i) occurs a material adverse change in the business, operations, or condition (financial or otherwise) of the BorrowerBorrower and any Subsidiary which is a party to the Loan Documents taken as a whole, or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations or (iii) is a material impairment of the value or priority of Bank's ’s security interests in the Collateral;.

Appears in 1 contract

Samples: Loan and Security Agreement (Sourcefire Inc)

Material Adverse Change. If there (i) occurs a material adverse change in the business, business operations, or condition (financial or otherwise) of the Borrower, ; or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations Obligations; or (iii) is a material impairment of the value or priority of Bank's security interests in the Collateral;.

Appears in 1 contract

Samples: Loan and Security Agreement (Egain Communications Corp)

Material Adverse Change. If there (i) occurs a material adverse change in the business, operations, or condition (financial or otherwise) of the Borrower, or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations Obligation or (iii) is a material impairment of the value or priority of Bank's security interests in the Collateral;

Appears in 1 contract

Samples: Loan and Security Agreement (Opus360 Corp)

Material Adverse Change. If there (ia) occurs a material adverse change in the business, operations, or condition (financial or otherwise) of the Borrower, or (iib) is a material impairment of the prospect of repayment of any portion of the Obligations or (iiic) is a material impairment of the value or priority of Bank's ’s security interests in the Collateral;

Appears in 1 contract

Samples: Loan and Security Agreement (Harmonic Inc)

Material Adverse Change. If there (i) occurs a material adverse change in the business, operations, or condition (financial or otherwise) of the Borrower, or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations or (iii) is a material impairment of the value or priority of Bank's security interests in the Collateral;Company Collateral (each of (i), (ii) and (iii) a "Material Adverse Change").

Appears in 1 contract

Samples: Loan and Security Agreement (Viewlocity Inc)

Material Adverse Change. If there (ia) occurs a material adverse change in the general affairs, management, business, operations, or condition (financial or otherwise) of the Borrower, or (iib) is a material impairment of the prospect of repayment of any portion of the Obligations Obligations; or (iiic) is a material impairment of the value or priority of Bank's security interests in the CollateralCollateral (the foregoing being defined as a "Material Adverse Change");

Appears in 1 contract

Samples: Loan and Security Agreement (Displaytech Inc)

Material Adverse Change. If there (i) occurs a material adverse change in the business, business operations, or condition (financial or otherwise) of the BorrowerCompany and its Subsidiaries, on a consolidated basis; or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations Obligations; or (iii) is a material impairment of the value or priority of Bank's ’s security interests in the Collateral;Collateral (the foregoing being referred to as a “Material Adverse Change”).

Appears in 1 contract

Samples: Loan and Security Agreement (3d Systems Corp)

Material Adverse Change. If there (i) occurs a material adverse change in the business, operations, or condition (financial or otherwise) of the BorrowerCorporation and its Subsidiaries taken as a whole, or (ii) is a material impairment of Corporation’s ability to repay the prospect of repayment of any portion of the outstanding Obligations in their entirety or (iii) is a material impairment of the value or priority of Bank's Lender’s security interests in the Collateral;

Appears in 1 contract

Samples: Loan and Security Agreement (Pet Express Supply Inc)

Material Adverse Change. If there (i) occurs a material adverse change in the business, operations, or financial condition (financial or otherwise) of the BorrowerBorrower from the forecasts provided to the Lender, or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations as determined by the Lender; or (iii) is a material impairment of the value or priority of BankLender's security interests in the CollateralCollateral (the foregoing being defined as a "Material Adverse Change");

Appears in 1 contract

Samples: Loan and Security Agreement (Winwin Gaming Inc)

Material Adverse Change. If there (i) occurs a material adverse change in the business, operations, or condition (financial or otherwise) of the Borrower, or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations Obligations, other than due to general economic conditions, or (iii) is a material impairment of the value of the Collateral or a negative change in the priority of Bank's security interests in the Collateral; and the occurrence of any one of which shall, for purposes of this Agreement, constitute a "Material Adverse Change";

Appears in 1 contract

Samples: Loan and Security Agreement (Infonow Corp /)

Material Adverse Change. If there (ia) occurs a material adverse change in the business, operations, or financial condition (financial or otherwise) of the Borrower, or (iib) is a material impairment of the prospect of repayment of any portion of the Obligations Obligations; or (iiic) is a material impairment of the value or priority of Bank's security interests in the CollateralCollateral (the foregoing being defined as a "Material Adverse Change");

Appears in 1 contract

Samples: Loan and Security Agreement (Ramtron International Corp)

Material Adverse Change. If there (i) occurs a material adverse change in the business, operations, or condition (financial or otherwise) of the Borrower, or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations or (iii) is a material impairment of the value or priority of Bank's security interests in the Collateral, which is not covered by adequate insurance;

Appears in 1 contract

Samples: Loan and Security Agreement (Centra Software Inc)

Material Adverse Change. If there There occurs (i) occurs a material adverse change in the business, operations, operations or condition (financial or otherwise) of the Borrower, or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations Obligations, or (iii) is a material impairment of to the value or priority of Bank's security interests interest in the Collateral;Collateral (or any material portion thereof).

Appears in 1 contract

Samples: Loan and Security Agreement (Invision Technologies Inc)

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Material Adverse Change. If after the date hereof there (ia) occurs a material adverse change in the business, operations, operations or condition (financial or otherwise) of the Borrower, Borrower or a material Subsidiary; (iib) is a material impairment of the prospect of repayment of any portion of the Obligations Obligations; or (iiic) is a material impairment of the value or priority of Bank's security interests in the Collateral;

Appears in 1 contract

Samples: Loan and Security Agreement (Safeguard Health Enterprises Inc)

Material Adverse Change. If there (i) occurs a material ----------------------- adverse change in the business, operations, or condition (financial or otherwise) of the any Borrower, or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations or (iii) is a material impairment of the value or priority of Bank's security interests in the Collateral;

Appears in 1 contract

Samples: Loan and Security Agreement (SQL Financials International Inc /De)

Material Adverse Change. If there (i) occurs a material adverse change in the business, operations, or condition (financial or otherwise) of the Borrower, or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations or (iii) is the foregoing being defined as a material impairment of the value or priority of Bank's security interests in the Collateral;"Material Adverse Change").

Appears in 1 contract

Samples: Loan Agreement (Pharsight Corp)

Material Adverse Change. If there (i) occurs a material adverse change impairment in the business, operations, perfection or condition (financial or otherwise) priority of the Borrower, Bank's security interest in the Collateral or in the value of such Collateral taken as a whole which is not covered by adequate insurance or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations or (iii) is a material impairment of the value or priority of Bank's security interests in the Collateral;Obligations.

Appears in 1 contract

Samples: Loan and Security Agreement (Stentor Inc)

Material Adverse Change. If there (i) occurs a material ----------------------- adverse change in the business, operations, or condition (financial or otherwise) of the Borrower, or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations Obligations, or (iii) is a material impairment of the value or priority of Bank's security interests in the Collateral;

Appears in 1 contract

Samples: Loan Modification Agreement (Orapharma Inc)

Material Adverse Change. If there (i) occurs a material adverse change in the business, operations, or condition (financial or otherwise) or prospects of the Borrower, a Borrower or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations or (iii) is a material impairment of the value or priority of Bank's security interests in the Collateral;

Appears in 1 contract

Samples: Loan and Security Agreement (Home Director Inc)

Material Adverse Change. If there (i) occurs a material adverse change in the business, operations, or condition (financial or otherwise) of the any Borrower, or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations Obligations, or (iii) is a material impairment of the value or priority of Bank's ’s security interests in the Collateral;

Appears in 1 contract

Samples: Term Loan and Security Agreement (Allied Motion Technologies Inc)

Material Adverse Change. If there (i) occurs a material adverse change in the business, operations, or condition (financial or otherwise) of the BorrowerBorrowers on a consolidated basis, or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations or (iii) is a material impairment of the value or priority of Bank's security interests in the Collateral;

Appears in 1 contract

Samples: Loan and Security Agreement (Isky Inc)

Material Adverse Change. If there (i) occurs a material adverse change in the business, operations, or condition (financial or otherwise) of the Borrower, or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations or (iii) is a material impairment of the value or priority of Bank's security interests in the Collateral;

Appears in 1 contract

Samples: Loan and Security Agreement (Stericycle Inc)

Material Adverse Change. If there (i) occurs a material adverse change in the business, operations, or condition (financial or otherwise) of the Borrower, or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations Obligations, or (iii) is a material impairment of the value or priority of Bank's security interests in the CollateralCollateral (the foregoing being defined as a "Material Adverse Change");

Appears in 1 contract

Samples: Loan and Security Agreement (Qualmark Corp)

Material Adverse Change. If there (i) occurs a material adverse change in the business, operations, or condition (financial or otherwise) of the either Borrower, or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations or (iii) is a material impairment of the value or priority of Bank's security interests in the Collateral;

Appears in 1 contract

Samples: Loan and Security Agreement (Spectranetics Corp)

Material Adverse Change. If there (i) occurs a material adverse change in the business, operations, or condition (financial or otherwise) of the Borrower, or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations or (iii(i) is and (ii) each being a material impairment of the value or priority of Bank's security interests in the Collateral;"Material Adverse Change").

Appears in 1 contract

Samples: Third Loan Modification Agreement (Atherogenics Inc)

Material Adverse Change. If there (i) occurs a material adverse change in the business, business operations, or condition (financial or otherwise) of the Borrower, ; or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations Obligations; or (iii) is a material impairment of the value or priority of Bank's ’s security interests in the Collateral;Collateral (the foregoing being defined as a “Material Adverse Change”).

Appears in 1 contract

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

Material Adverse Change. If there There occurs (i) occurs a material adverse change in the business, operations, operations or condition (financial or otherwise) of the Borrower, or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations Obligations, or (iii) is a material impairment of to the value or priority of Bank's ’s security interests interest in the Collateral;Collateral (or any material portion thereof), all as determined by Bank in good faith.

Appears in 1 contract

Samples: Loan and Security Agreement (Broadvision Inc)

Material Adverse Change. If there (i) occurs a material adverse ----------------------- change in the business, operations, or condition (financial or otherwise) of the Borrower, or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations Obligations, or (iii) is a material impairment of the value or priority of Bank's security interests in the Collateral;

Appears in 1 contract

Samples: Loan and Security Agreement (Matrixone Inc)

Material Adverse Change. If there (ia) occurs a material adverse change in the business, operations, or condition (financial or otherwise) of the Borrower, or (iib) is a material impairment of the prospect of repayment of any portion of the Obligations or (iii) is a material impairment of the value or priority of Bank's security interests in the CollateralObligations;

Appears in 1 contract

Samples: Loan and Security Agreement (Redback Networks Inc)

Material Adverse Change. If there (i) occurs a material adverse change in the business, operations, or condition (financial or otherwise) of the Borrower, or (ii) is a material impairment of the prospect of repayment of any material portion of the Obligations or (iii) is a material impairment of the value or priority of BankLender's security interests in a material portion of the Collateral;Collateral (in any event, a "Material Adverse Change").

Appears in 1 contract

Samples: Loan and Security Agreement (Networth Technologies, Inc.)

Material Adverse Change. If there (i) occurs a material adverse change in the business, operations, or condition (financial or otherwise) of the any Borrower, or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations or (iii) is a material impairment of the value or priority of Bank's security interests in the Collateral;.

Appears in 1 contract

Samples: Loan and Security Agreement (Animas Corp)

Material Adverse Change. If there (i) occurs a material adverse change in the business, operations, or condition (financial or otherwise) of the Borrower, or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations or (iii) is a material impairment of the value or priority of Bankthe Borrower's security interests in the Collateralassets;

Appears in 1 contract

Samples: Loan Agreement (Systemsoft Corp)

Material Adverse Change. If there (i) occurs a material adverse change in the business, operations, or condition (financial or otherwise) of the Borrower, or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations or (iii) is a material impairment of the value value, perfection, or priority of Bank's security interests in the Collateral;

Appears in 1 contract

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

Material Adverse Change. If there (i) occurs a material adverse change in the business, operations, or condition (financial or otherwise) of the Borrower, or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations or (iii) is a material impairment of the value or priority of Bank's security interests in the Collateral;:

Appears in 1 contract

Samples: Loan and Security Agreement (Synchronicity Inc)

Material Adverse Change. If there (i) occurs a material adverse change in the business, operations, or condition (financial or otherwise) of the BorrowerBorrowers, collectively, or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations Obligations, or (iii) is a material impairment of the value or priority of Bank's security interests in the Collateral, which is not covered by adequate insurance;

Appears in 1 contract

Samples: Loan and Security Agreement (Ecollege Com)

Material Adverse Change. If there There occurs (i) occurs a material adverse change in the business, operations, operations or condition (financial or otherwise) of the Borrower, or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations Obligations, or (iii) is a material impairment of to the value or priority of Bank's ’s security interests interest in the Collateral;Collateral (or any material portion thereof).

Appears in 1 contract

Samples: Loan and Security Agreement (Intraware Inc)

Material Adverse Change. If there (i) occurs a material adverse change in the business, operations, or condition (financial or otherwise) of the BorrowerBorrowers, or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations or (iii) is a material impairment of the value or priority of Bank's security interests in the Collateral;.

Appears in 1 contract

Samples: Loan and Security Agreement (Immunicon Corp)

Material Adverse Change. If there (i) occurs a material adverse change in the business, operations, or condition (financial or otherwise) of the Borrower, or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations Obligations; or (iii) is a material impairment of the value or priority of Bank's security interests in the Collateral;Collateral (the foregoing being defined as a "Material Adverse Change").

Appears in 1 contract

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

Material Adverse Change. If there (i) occurs a material adverse change in the business, business operations, or condition (financial or otherwise) of the Borrower, ; or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations Obligations; or (iii) is a material impairment of the value or priority of Bank's security interests in the Collateral;."

Appears in 1 contract

Samples: Fourth Loan Modification Agreement (Inktomi Corp)

Material Adverse Change. If there (i) occurs a material adverse change in the business, operations, or condition (financial or otherwise) of the Borrower, or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations or (iii) is a material impairment of the value or priority of BankBorrower's security interests in the CollateralAssets;

Appears in 1 contract

Samples: Loan Agreement (Advanced Technology Materials Inc /De/)

Material Adverse Change. If there (i) occurs a material adverse change in the business, operations, or financial condition (financial or otherwise) of the Borrower, ; or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations Obligations; or (iii) is a material impairment of the value or priority of Bank's ’s security interests in the Collateral;.

Appears in 1 contract

Samples: Loan and Security Agreement (Deltagen Inc)

Material Adverse Change. If there (i) occurs a material adverse change in the business, operations, or financial condition (financial or otherwise) of the Borrower, or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations Obligations; or (iii) is a material impairment of the value or priority of Bank's Lender’s security interests in the Collateral;Collateral (the foregoing being defined as a “Material Adverse Change”).

Appears in 1 contract

Samples: Loan and Security Agreement (Senorx Inc)

Material Adverse Change. If there (i) occurs a material adverse change in the business, business operations, or condition (financial or otherwise) of the Borrower, Borrowers taken together; or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations Obligations; or (iii) is a material impairment of the value or priority of Bank's ’s security interests in the CollateralCollateral (each a “Material Adverse Change”);

Appears in 1 contract

Samples: Loan and Security Agreement (Xenogen Corp)

Material Adverse Change. If there There occurs (i) occurs a material adverse change in the business, operations, operations or condition (financial or otherwise) of the Borrower, or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations Obligations, or (iii) is a material impairment of to the value of, or the priority of Bank's security interests in Lien upon, the Collateral;Collateral (or any material portion thereof).

Appears in 1 contract

Samples: Loan and Security Agreement (Exelixis Inc)

Material Adverse Change. If there (i) occurs a material adverse change in the business, operations, or condition (financial or otherwise) of the Borrower, or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations or (iii) is a material impairment of the value or priority of Bank's security interests in the Collateral;Collateral ((i) - (iii) each being a "Material Adverse Change").

Appears in 1 contract

Samples: Loan and Security Agreement (Atherogenics Inc)

Material Adverse Change. If there (i) occurs a material adverse change in the business, operations, or condition (financial or otherwise) of the BorrowerBorrowers and their Subsidiaries taken as a whole, or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations or (iii) is a material impairment of the value or priority of Bank's security interests in the Collateral;.

Appears in 1 contract

Samples: Loan and Security Agreement (Manugistics Group Inc)

Material Adverse Change. If there (i) occurs a material adverse change in the business, operations, or condition (financial or otherwise) of the any Borrower, or (ii) is is, based upon a reasonable standard, a material impairment of the prospect of repayment of any portion of the Obligations or (iii) is a material impairment of the value or priority of Bank's security interests in the Collateral;

Appears in 1 contract

Samples: Loan and Security Agreement (Simione Central Holdings Inc)

Material Adverse Change. If there (i) occurs a material adverse change in the business, operations, or condition (financial or otherwise) of the Borrower, Borrower or (ii) is a material impairment of the prospect of repayment of Borrower's ability to repay any portion of the Obligations when and as due or (iii) is a material impairment of the value or priority of Bank's security interests in the Collateral;

Appears in 1 contract

Samples: Loan and Security Agreement (Ribogene Inc / Ca/)

Material Adverse Change. If there (i) occurs a material adverse change in the business, operations, or condition (financial or otherwise) of the Borrower, or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations or (iii) is a material impairment of the value or priority of Bank's security interests in the Collateral;Collateral (each of (i), (ii) and (iii) above shall be referred to herein as a "Material Adverse Change").

Appears in 1 contract

Samples: Loan and Security Agreement (California Micro Devices Corp)

Material Adverse Change. If there (i) occurs a material adverse change in the business, operations, or condition (financial or otherwise) of the Borrower, or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations Obligations, or (iii) is a material impairment of the value or priority of Bank's security interests in the Collateral, which is not covered by adequate insurance;

Appears in 1 contract

Samples: Loan and Security Agreement (Ecollege Com)

Material Adverse Change. If there (i) occurs a material adverse change in the business, operations, or condition (financial or otherwise) of the Borrower, Borrower or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations or (iii) is a material impairment of the value or priority of Bank's security interests in the Collateral, and Bank gives notice of any of the foregoing to Borrower;

Appears in 1 contract

Samples: Loan and Security Agreement (At Home Corp)

Material Adverse Change. If there (i) occurs a material adverse change in the business, operations, or condition (financial or otherwise) of the Borrower, ; or (ii) is a material impairment of the prospect of repayment of any portion of the Obligations Obligations; or (iii) is a material impairment of the value or priority of Bank's security interests in the Collateral;.

Appears in 1 contract

Samples: Loan and Security Agreement (Taser International Inc)

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