Common use of Misrepresentations Clause in Contracts

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 316 contracts

Samples: Loan and Security Agreement (Max International Inc), Loan and Security Agreement (IsoPlexis Corp), Loan and Security Agreement (PhenomeX Inc.)

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Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.; or

Appears in 54 contracts

Samples: Loan and Security Agreement (Star Mountain Lower Middle-Market Capital Corp), Loan and Security Agreement (Interpace Biosciences, Inc.), Loan and Security Agreement (Backblaze, Inc.)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate or writing delivered to Bank by Borrower or any Responsible Officer Person acting on Borrower's behalf pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 42 contracts

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

Misrepresentations. If any material misrepresentation or ------------------ material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 13 contracts

Samples: Loan and Security Agreement (Jetfax Inc), Loan and Security Agreement (Thermatrix Inc), Loan and Security Agreement (Onsale Inc)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank Lender by any Responsible Officer pursuant to this Agreement or to induce Bank Lender to enter into this Agreement or any other Loan Document.

Appears in 11 contracts

Samples: Subordinated Term Loan and Security Agreement (Sonim Technologies Inc), Loan and Security Agreement (Roka BioScience, Inc.), Loan and Security Agreement (Roka BioScience, Inc.)

Misrepresentations. If any material misrepresentation or material ------------------ misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 11 contracts

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

Misrepresentations. If any material misrepresentation or material ------------------ misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate or writing delivered to Bank by Borrower or any Responsible Officer Person acting on Borrower's behalf pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 8 contracts

Samples: Loan and Security Agreement (Audible Inc), Loan Modification Agreement (Orapharma Inc), Loan and Security Agreement (Natural Microsystems Corp)

Misrepresentations. If any material Any misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein herein, in any other Loan Document or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or any other Loan Document, or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 8 contracts

Samples: Loan and Security Agreement (Unilens Vision Inc), Loan and Security Agreement (Cea Acquisition Corp), Centura   Loan and Security Agreement (Portfolio Recovery Associates Inc)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.;

Appears in 8 contracts

Samples: Loan and Security Agreement (Applied Optoelectronics, Inc.), Loan and Security Agreement (Applied Optoelectronics, Inc.), Loan and Security Agreement (Applied Optoelectronics, Inc.)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank as of the date such representation or warranty was made by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 6 contracts

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

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank Agent or any Lender by any Responsible Officer pursuant to this Agreement or to induce Bank Agent or any Lender to enter into this Agreement or any other Loan Document.

Appears in 6 contracts

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

Misrepresentations. If any material Any misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein herein, in any other Loan Document or in any certificate delivered to any Bank by any Responsible Officer pursuant to this Agreement or any other Loan Document, or to induce any Bank to enter into this Agreement or any other Loan Document.

Appears in 5 contracts

Samples: Loan and Security Agreement (Portfolio Recovery Associates Inc), Loan and Security Agreement (Portfolio Recovery Associates Inc), Loan and Security Agreement (Portfolio Recovery Associates Inc)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document; or.

Appears in 5 contracts

Samples: Loan and Security Agreement (Spectrum Global Solutions, Inc.), Loan and Security Agreement (MR2 Group, Inc.), Loan and Security Agreement (MR2 Group, Inc.)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan DocumentDocument when made or deemed made.

Appears in 4 contracts

Samples: Loan and Security Agreement (Allena Pharmaceuticals, Inc.), Loan and Security Agreement (Allena Pharmaceuticals, Inc.), Loan and Security Agreement (Unum Therapeutics, Inc.)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter when made in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 4 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement (Heat Biologics, Inc.), Loan and Security Agreement (GCT Semiconductor Inc)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank any Lender by any Responsible Officer pursuant to this Agreement or to induce Bank any Lender to enter into this Agreement or any other Loan Document.

Appears in 4 contracts

Samples: Loan and Security Agreement (Enphase Energy, Inc.), Loan and Security Agreement (Enphase Energy, Inc.), Loan and Security Agreement (Enphase Energy, Inc.)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate or writing delivered to Bank by Borrower or any Responsible Officer Person acting on Borrower's behalf pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.; or

Appears in 4 contracts

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

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank Lender, including any Borrowing Notice, by any Responsible Officer pursuant to this Agreement or to induce Bank Lender to enter into this Agreement or any other Loan Document.

Appears in 4 contracts

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

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter when made or when deemed made in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 4 contracts

Samples: Loan and Security Agreement (Rocket Fuel Inc.), Loan and Security Agreement (Rocket Fuel Inc.), Loan and Security Agreement (Rocket Fuel Inc.)

Misrepresentations. If any material misrepresentation or material misstatement exists when made or deemed made now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.; or

Appears in 4 contracts

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

Misrepresentations. If any material misrepresentation or material misstatement exists exists, when made or deemed made, now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 3 contracts

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

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Documentthe Guaranty.

Appears in 3 contracts

Samples: Security Agreement (Aquinox Pharmaceuticals, Inc), Security Agreement (Aquinox Pharmaceuticals (Usa) Inc), Security Agreement (Solta Medical Inc)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter exists in any representation or warranty or representation set forth herein in this Agreement or in any certificate delivered or Advance Request submitted to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan DocumentLender in connection with the Loan.

Appears in 3 contracts

Samples: Loan Agreement (Corporate Property Associates 18 Global Inc), Loan Agreement (Carey Watermark Investors Inc), Loan Agreement (Carey Watermark Investors 2 Inc)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate or writing delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 3 contracts

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

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any other Loan Document or certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 3 contracts

Samples: Loan and Security Agreement (Silvaco Group, Inc.), Loan and Security Agreement (Journey Medical Corp), Loan and Security Agreement (Journey Medical Corp)

Misrepresentations. If any material misrepresentation or material misstatement exists when made now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 3 contracts

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

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document. 9.

Appears in 3 contracts

Samples: Loan and Security Agreement (Scientific Learning Corp), Loan and Security, Agreement (Jetfax Inc), Loan and Security Agreement (Consilium Inc)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any report, certificate or other writing delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 3 contracts

Samples: Loan and Security Agreement (Turnstone Biologics Corp.), Loan and Security Agreement (Precision Biosciences Inc), Loan and Security Agreement (Precision Biosciences Inc)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

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.)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank Lender by any Responsible Officer pursuant to this Agreement or to induce Bank Lender to enter into this Agreement or any other Loan Document.;

Appears in 3 contracts

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

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank Lenders by any Responsible Officer pursuant to this Agreement and the Original Credit Agreement or to induce Bank Lenders to enter into this Agreement or any other Loan Document.; or

Appears in 2 contracts

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

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 2 contracts

Samples: Loan Agreement (Stanford Microdevices Inc), Revolving Credit and Term (Motorvac Technologies Inc)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank Lenders by any Responsible Officer pursuant to this Agreement or to induce Bank Lenders to enter into this Agreement or any other Loan Document.

Appears in 2 contracts

Samples: Loan and Security Agreement (Imageware Systems Inc), Loan and Security Agreement (Imageware Systems Inc)

Misrepresentations. If any material misrepresentation or ------------------ material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank Creditor by any Responsible Officer pursuant to this Agreement or to induce Bank Creditor to enter into this Agreement or any other Loan Document.

Appears in 2 contracts

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

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.Document which could reasonably be expected to have a Material Adverse Effect; or

Appears in 2 contracts

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

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate or writing delivered to to. Bank by Borrower or any Responsible Officer Person acting on Borrower's behalf pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 2 contracts

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

Misrepresentations. If any material misrepresentation or material misstatement exists now when made or hereafter deemed made in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 2 contracts

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

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter (as of the date when made or deemed made) in any warranty or representation set forth herein or in any certificate or writing delivered to Bank by Borrower or any Responsible Officer Person acting on Borrower's behalf pursuant to this Agreement or or, to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 2 contracts

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

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter as of the date made in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 2 contracts

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

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein in (a) any Loan Document or in the Merger Agreement or (b) any document or certificate delivered to Bank by any Responsible Officer Lender (i) pursuant to this any Loan Document or the Merger Agreement or (ii) to induce Bank Lender to enter into this Agreement any Loan Document or any other Loan Documentthe Merger Agreement.

Appears in 2 contracts

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

Misrepresentations. If any material misrepresentation or material ------------------ misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank Creditor by any Responsible Officer pursuant to this Agreement or to induce Bank Creditor to enter into this Agreement or any other Loan Document.

Appears in 2 contracts

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

Misrepresentations. If any material misrepresentation or material misstatement exists now or when made hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 2 contracts

Samples: Loan and Security Agreement (Cas Medical Systems Inc), Loan and Security Agreement (Cas Medical Systems Inc)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter existed in any warranty or representation representation, when made, set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 2 contracts

Samples: Loan and Security Agreement (Silk Road Medical Inc), Loan and Security Agreement (Silk Road Medical Inc)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.; and

Appears in 2 contracts

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

Misrepresentations. If any a material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 2 contracts

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

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate or writing delivered to Bank by Borrower or any Responsible Officer Subsidiary or any Person acting on Borrower's or any Subsidiaries' behalf pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 2 contracts

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

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan DocumentDocument as of the date such representation or warranty was made or deemed made.

Appears in 2 contracts

Samples: Loan and Security Agreement (CS Disco, Inc.), Loan and Security Agreement (CS Disco, Inc.)

Misrepresentations. If any material misrepresentation or material misstatement exists now when made or hereafter deemed made in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 2 contracts

Samples: Loan and Security Agreement (Align Technology Inc), Loan and Security Agreement (Align Technology Inc)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 2 contracts

Samples: Loan and Security Agreement (Proteinsimple), Loan and Security Agreement (Reliant Technologies Inc)

Misrepresentations. If any material misrepresentation or material misstatement exists now as of the date made or hereafter deemed made in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 2 contracts

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

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate or writing delivered to Bank by Borrower or any Responsible Officer Person acting on Borrower’s behalf pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 2 contracts

Samples: Loan and Security Agreement (Focus Enhancements Inc), Loan and Security Agreement (Anda Networks Inc)

Misrepresentations. If any material misrepresentation or ------------------ material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate or writing delivered to Bank by Borrower or any Responsible Officer Person acting on Borrower's behalf pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 2 contracts

Samples: Loan and Security Agreement (Manhattan Associates Inc), Loan and Security Agreement (Matrixone Inc)

Misrepresentations. If any Any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein herein, in any other Loan Document or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or any other Loan Document, or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 2 contracts

Samples: Loan and Security Agreement (Verilink Corp), Bank     Loan and Security Agreement (API Technologies Corp.)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank Lender by any Responsible Officer Borrower or EESV pursuant to this Loan Agreement or to induce Bank Lender to enter into this Loan Agreement or any other Loan Document.

Appears in 2 contracts

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

Misrepresentations. If any Any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 1 contract

Samples: Loan and Security Agreement (Integrated Security Systems Inc)

Misrepresentations. If If, as of the date made or deemed made, any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 1 contract

Samples: Loan and Security Agreement (Verenium Corp)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any report, certificate or other writing delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.; or

Appears in 1 contract

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

Misrepresentations. If any material misrepresentation or material ------------------ misstatement exists now as of date made or hereafter the date deemed to be made in any warranty or representation set forth herein or in any certificate or writing delivered to Bank by Borrower or any Responsible Officer Person acting on Borrower's behalf pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 1 contract

Samples: Loan and Security Agreement (Copper Mountain Networks Inc)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.. [ TABLE OF CONTENTS ]

Appears in 1 contract

Samples: Loan and Security Agreement (Vitalstream Holdings Inc)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate or other writing delivered to Bank by Borrower or any Person acting for Borrower (including any Responsible Officer pursuant to Officer) in connection with this Agreement or any other Loan Document or to induce Bank to enter into this Agreement or any other Loan Document.; or 8.11

Appears in 1 contract

Samples: Loan and Security Agreement

Misrepresentations. If any material misrepresentation or material ------------------ misstatement on or as of the date made exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 1 contract

Samples: Loan and Security Agreement (Corsair Communications Inc)

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Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate or writing delivered to Bank by Borrower or any Responsible Officer Person acting on Borrower's behalf pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 1 contract

Samples: Loan and Security Agreement (Mobius Management Systems Inc)

Misrepresentations. If any Any material misrepresentation or material misstatement that exists now or comes into being hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank Lenders by any Responsible Officer pursuant to this Agreement or to induce Bank Lenders to enter into this Agreement or any other Loan Document.

Appears in 1 contract

Samples: Master Security Agreement

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer Representative pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.Document which is reasonably likely to result in a Material Adverse Effect; or

Appears in 1 contract

Samples: Loan and Security Agreement (Wj Communications Inc)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter at the time furnished to the Bank in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.; or

Appears in 1 contract

Samples: Loan and Security Agreement (Lime Energy Co.)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate or other writing delivered to Bank by Borrower or any Person acting for Borrower (including any Responsible Officer pursuant to Officer) in connection with this Agreement or any other Loan Document or to induce Bank to enter into this Agreement or any other Loan Document.; or

Appears in 1 contract

Samples: Loan and Security Agreement (Carbonite Inc)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in on the date hereof with respect to any warranty or representation set forth herein or in on the delivery date of any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 1 contract

Samples: Loan and Security Agreement (Newgistics, Inc)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter at the time made in any warranty or representation set forth herein or in any certificate or writing delivered to Bank by Borrower or any Responsible Officer Person acting on Borrower's behalf pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 1 contract

Samples: Loan and Security Agreement (Allaire Corp)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter at the time made in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 1 contract

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

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.Document which is reasonably likely to result in a Material Adverse Effect;

Appears in 1 contract

Samples: Loan and Security Agreement (Therma Wave Inc)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter existed at the time such representation and warrant was made in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 1 contract

Samples: Loan and Security Agreement (Women Com Networks Inc)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document, whether such warranty or representation is given now or hereafter.

Appears in 1 contract

Samples: Loan and Security Agreement (Silicon Image Inc)

Misrepresentations. If any material misrepresentation misrepresentation, misstatement or material misstatement omission exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank Lender by any Responsible Officer pursuant to this Agreement or to induce Bank Lender to enter into this Agreement or any other Loan Document.

Appears in 1 contract

Samples: Loan and Security Agreement (Crossroads Systems Inc)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document; or *** Confidential treatment requested and the redacted material has been separately filed with the Commission.

Appears in 1 contract

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

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank Lender by any Responsible Officer pursuant to this Agreement or to induce Bank Lender to enter into this Agreement or any other Loan Document.; or

Appears in 1 contract

Samples: Credit Agreement (Trupanion Inc.)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer Borrower pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 1 contract

Samples: Loan and Security Agreement (Egain Communications Corp)

Misrepresentations. If any material misrepresentation or material misstatement exists exists, when made or deemed made, now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.;

Appears in 1 contract

Samples: Loan and Security Agreement (Intelepeer Inc)

Misrepresentations. If any material misrepresentation or ------------------ material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate or writing delivered to Bank any Lender by Borrower or any Responsible Officer Person acting on Borrower's behalf pursuant to this Agreement agreement or to induce Bank lender to enter into this Agreement agreement or any other Loan Document.

Appears in 1 contract

Samples: Loan and Security Agreement (Snowball Com Inc)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any report or certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.; or

Appears in 1 contract

Samples: Loan and Security Agreement (Xilio Therapeutics, Inc.)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Letter of Credit Document.

Appears in 1 contract

Samples: Credit Agreement (Brocade Communications Systems Inc)

Misrepresentations. If any material misrepresentation or material misstatement when made or deemed made exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank Agent by any Responsible Officer pursuant to this Agreement or to induce Bank Lenders to enter into this Agreement or any other Loan Document.. 8.11

Appears in 1 contract

Samples: Loan and Security Agreement (Cue Health Inc.)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation (in each case, when made) set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 1 contract

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

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or the other Loan Documents, or to induce Bank to enter into this Agreement or any other Loan DocumentDocument as of the date such representation or statement was made.

Appears in 1 contract

Samples: Loan and Security Agreement (Roche Robert W.)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to any Bank by any Responsible Officer pursuant to this Agreement or to induce any Bank to enter into this Agreement or any other Loan Document.

Appears in 1 contract

Samples: Loan and Security Agreement (Tegal Corp /De/)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in of any warranty or representation set forth herein in this Agreement or in any certificate writing delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.; or

Appears in 1 contract

Samples: Loan and Security Agreement (North American Scientific Inc)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter existed in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan DocumentDocument at the time such representation or warranty was made or such certificate was delivered.

Appears in 1 contract

Samples: Loan Modification Agreement (Alteon Websystems Inc)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank Lender by any Responsible Officer pursuant to this Agreement Note or to induce Bank Lender to enter into this Agreement Note or any other Loan Document, in each case when made.

Appears in 1 contract

Samples: Altmore BDC, Inc.

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan DocumentDocument determined as of the time such representation or warranty was made.

Appears in 1 contract

Samples: Loan and Security Agreement (Virata Corp)

Misrepresentations. If If, as of the date a representation or warranty is made, any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 1 contract

Samples: Loan and Security Agreement (Lynx Therapeutics Inc)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.any

Appears in 1 contract

Samples: Loan and Security Agreement (Laserscope)

Misrepresentations. If any material misrepresentation or ------------------ material misstatement exists now or hereafter in any material warranty or material representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document, as of the date of such warranty or representation.

Appears in 1 contract

Samples: Loan and Security Agreement (Ise Labs Inc)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter as of the date made or deemed made in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 1 contract

Samples: Loan and Security Agreement (Cidara Therapeutics, Inc.)

Misrepresentations. If any material misrepresentation or ------------------ material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate or writing delivered to Bank by any Responsible Officer Borrower or any Person acting on such Borrower's behalf pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 1 contract

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

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank Administrative Agent or Lenders by any Responsible Officer pursuant to this Agreement or to induce Bank Lenders to enter into this Agreement or any other Loan Document.; or

Appears in 1 contract

Samples: Loan and Security Agreement (Five9, Inc.)

Misrepresentations. If any material misrepresentation or material ---- ------------------ misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate or writing delivered to Bank by Borrower or any Responsible Officer Person acting on Borrower's behalf pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 1 contract

Samples: Loan and Security Agreement (Seachange International Inc)

Misrepresentations. If any material misrepresentation or material misstatement exists when made now or hereafter in any warranty or representation set forth herein or in any report, certificate or other writing delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 1 contract

Samples: Loan and Security Agreement (Adicet Bio, Inc.)

Misrepresentations. If any material misrepresentation ------------------ or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank Creditor by any Responsible Officer pursuant to this Agreement or to induce Bank Creditor to enter into this Agreement or any other Loan Document.

Appears in 1 contract

Samples: Loan and Security Agreement (Iprint Technologies Inc)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate or writing delivered to Bank by any Responsible Officer Borrower or any Person acting on any Borrower's behalf pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 1 contract

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

Misrepresentations. If If, as of the date made or deemed made, any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.; and

Appears in 1 contract

Samples: Loan and Security Agreement (Verenium Corp)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 1 contract

Samples: Loan and Security Agreement

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