Conditions of Loans Contract Clauses (310)

Grouped Into 3 Collections of Similar Clauses From Business Contracts

This page contains Conditions of Loans clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
Conditions of Loans. 3.2 Conditions Precedent to all Credit Extensions. 3.3 Covenant to Deliver. 3.4 Procedures for Borrowing.
Found in Cytokinetics, Incorporated contract
Conditions of Loans. 3.2 Conditions Precedent to all Credit Extensions. 3.3 Covenant to Deliver. 3.4 Procedures for Borrowing.
Found in Alliqua BioMedical, Inc. contract
Conditions of Loans. 3.2 Conditions 3.2Conditions Precedent to all Credit Extensions. 3.3 Covenant 3.3Covenant to Deliver. 3.4 Procedures for Borrowing.
Found in XERIS PHARMACEUTICALS INC contract
Conditions of Loans. 3.2 Conditions 3.2Conditions Precedent to all Credit Extensions. 3.3 Covenant Loans. 3.3Covenant to Deliver. 3.4 Procedures 3.4Procedures for Borrowing.
Found in Inozyme Pharma, Inc. contract
View Variations (2)
Conditions of Loans. Each Lender's obligation to make the initial Loan is subject to the condition precedent that Lender shall have received, in form and substance satisfactory to Administrative Agent, such documents, and completion of such other matters, as Administrative Agent may reasonably deem necessary or appropriate, including, without limitation: (a) duly executed signatures to this Agreement; (b) duly executed original signatures to the Warrant; (c) duly executed signatures to the Fee Letter; (d) a certific...ate of each Borrower, duly executed by a Responsible Officer, certifying and attaching (i) the Operating Documents, (ii) resolutions duly approved by the Board, (iii) any resolutions, consent or waiver duly approved by the requisite holders of each Borrower's Equity Interests, if applicable (or certifying that no such resolutions, consent or waiver is required), and (iv) a schedule of incumbency; (e) the Perfection Certificate of Borrower Representative, together with the duly executed signature thereto; (f) evidence satisfactory to Administrative Agent, that the insurance policies required by Section 6.5 are in full force and effect; (g) a legal opinion of counsel to Borrower; (h) the original stock certificates representing any Shares, if any, together with a stock power or other appropriate instrument of transfer, duly executed by the holder of record of such Shares and in blank; and 6 (i) payment of the fees in accordance with the Fee Letter and Lender Expenses then due as specified in Section 2.4. 3.2 Conditions Precedent to all Loans. Each Lender's obligations to make each Loan is subject to the following conditions precedent: (a) except for the Term Loan made on the Closing Date, timely receipt of an executed Loan Request by Administrative Agent; (b) the representations and warranties in this Agreement and the other Loan Documents shall be true, accurate, and complete in all material respects on the date of the Loan Request and on the Funding Date of each Loan; provided, however, that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof; and provided, further that those representations and warranties expressly referring to a specific date shall be true, accurate and complete in all material respects as of such date; (c) no Default or Event of Default shall have occurred and be continuing or result from the Loan; and (d) there has not been any event or circumstance that has had or could reasonably be expected to have a Material Adverse Effect, or any material adverse deviation by Borrowers from the most recent business plan of Borrowers presented to and accepted by Administrative Agent, as determined by Administrative Agent in Administrative Agent's sole discretion. 3.3 Covenant to Deliver. (a) Loan Parties agree to deliver each item required to be delivered under this Agreement as a condition precedent to any Loan. Loan Parties expressly agree that a Loan made prior to the receipt of any such item shall not constitute a waiver by Administrative Agent of a Borrower's obligation to deliver such item, and the making of any Loan in the absence of a required item shall be in Administrative Agent's sole discretion. (b) Loan Parties agree to deliver the items set forth on Schedule 2 hereto within the timeframe set forth therein (or by such other date as Administrative Agent may approve in writing), in each case, in form and substance reasonably acceptable to Administrative Agent. 3.4 Procedures for Borrowing. To obtain a Loan, Borrower Representative shall deliver a completed Loan Request to Administrative Agent (which may be delivered by email) no later than 3:00 p.m. Eastern Time, ten (10) Business Days, (or one (1) Business Day with respect to the Loans to be made on the Closing Date) prior to the date such Loan is requested to be made. On the Funding Date, each applicable Lender shall fund the applicable Loan in the manner requested by the Loan Request, provided that each of the conditions precedent to such Loan is satisfied. View More
Found in Oncorus, Inc. contract
Conditions of Loans. Each Lender's obligation to make the initial First Tranche Term Loan is subject to the condition precedent that Lender shall have received, in form and substance satisfactory to Administrative Agent, such documents, and completion of such other matters, as Administrative Agent may reasonably deem necessary or appropriate, including, without limitation: (a) duly executed signatures to this Agreement; (b) duly executed original signatures to the Pledge and Security Agreement; (c) duly executed sig...natures to the Canadian Security Documents; (d) duly executed signatures to the Israeli Security Documents; (e) duly executed signatures to the Warrant; (c) (f) duly executed signatures to the Fee Letter; (d) (g) duly executed signatures to the Collateral Access Agreement(s) for such locations as Administrative Agent may require; (h) a certificate of each Borrower, Loan Party, duly executed by a Responsible Officer, certifying and attaching (i) the Operating Documents, (ii) resolutions duly approved by the Board, (iii) any resolutions, consent or waiver duly approved by the requisite holders of each Borrower's such Loan Party's Equity Interests, if applicable (or certifying that no such resolutions, consent or waiver is required), applicable, and (iv) a schedule of incumbency; (e) (i) a payoff letter with respect to Indebtedness outstanding as of the Closing Date to Perceptive Credit Holdings, LP, together with all documents reasonably required in connection with the payoff and release of security interests; (j) the Perfection Certificate of Borrower Representative, together with the duly executed signature thereto; (f) evidence satisfactory to Administrative Agent, that the insurance policies required by Section 6.5 are in full force and effect; (g) (k) a legal opinion of US counsel to Borrower; (h) the original stock certificates representing any Shares, if any, together with a stock power or other appropriate instrument of transfer, Loan Parties, Canadian counsel to the Loan Parties and Israeli counsel to the Loan Parties, in each case, in form and substance satisfactory to Administrative Agent; (l) the Guaranty and Security Documents, duly executed by the holder of record of such Shares Loan Parties party thereto; and in blank; and 6 (i) (m) payment of the fees in accordance with the Fee Letter and Lender Expenses then due as specified in Section 2.4. 2.4(a). 6 3.2 Conditions Precedent to all Loans. Each Lender's obligations to make each Loan is subject to the following conditions precedent: (a) except for the Term Loan made on the Closing Date, timely receipt of an executed Loan Request by Administrative Agent; (b) the representations and warranties in this Agreement and the other Loan Documents shall be true, accurate, and complete in all material respects on the date of the Loan Request and on the Funding Date of each Loan; provided, however, that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof; and provided, further that those representations and warranties expressly referring to a specific date shall be true, accurate and complete in all material respects as of such date; (c) no Default or Event of Default shall have occurred and be continuing or result from the Loan; and (d) there has not been any event or circumstance that has had or could reasonably be expected to have a Material Adverse Effect, or any material adverse deviation by Borrowers Loan Parties from the most recent business plan of Borrowers Loan Parties presented to and accepted by Administrative Agent, as determined by Administrative Agent in Administrative Agent's sole discretion. reasonable business judgment. 3.3 Covenant to Deliver. (a) Each Loan Parties agree Party agrees to deliver each item required to be delivered under this Agreement as a condition precedent to any Loan. Each Loan Parties Party expressly agree agrees that a Loan made prior to the receipt of any such item shall not constitute a waiver by Administrative Agent of a Borrower's any Loan Party's obligation to deliver such item, and the making of any Loan in the absence of a required item shall be in Administrative Agent's sole discretion. (b) Each Loan Parties agree Party agrees to deliver the items set forth on Schedule 2 hereto within the timeframe set forth therein (or by such other date as Administrative Agent may approve in writing), in each case, in form and substance reasonably acceptable to Administrative Agent. 3.4 Procedures for Borrowing. To obtain a Loan, Borrower Representative shall deliver a completed Loan Request to Administrative Agent (which may be delivered by email) no later than 3:00 p.m. Eastern Time, ten (10) Business Days, (or one (1) Business Day with respect to the Loans to be made on the Closing Date) Days prior to the date such Loan is requested to be made. On the Funding Date, each applicable Lender shall fund the applicable Loan in the manner requested by the Loan Request, provided that each of the conditions precedent to such Loan is satisfied. View More
Found in VBI Vaccines Inc contract
Conditions of Loans. Each Lender's obligation to make the initial Loan is subject to the condition precedent that Lender Agent shall have received, in form and substance satisfactory to Administrative Agent, such documents, and completion of such other matters, as Administrative Agent may reasonably deem necessary or appropriate, including, without limitation: (a) duly executed signatures to this Agreement; (b) duly executed original signatures to the Warrant; (c) duly executed signatures to the Fee Letter; IP Secur...ity Agreement; (d) duly executed signatures to a Subordination Agreement with respect to convertible notes outstanding as of the Closing Date; 5 (e) duly executed signatures to the Account Control Agreement(s) required under Section 6.6(b); (f) a certificate of each Borrower, duly executed by a Responsible Officer, certifying and attaching (i) the Operating Documents, (ii) resolutions duly approved by the Board, (iii) any resolutions, consent or waiver duly approved by the requisite holders of each Borrower's Equity Interests, if applicable (or certifying that no such resolutions, consent or waiver is required), and (iv) a schedule of incumbency; (e) (g) the Perfection Certificate of Borrower Representative, together with the duly executed signature thereto; (f) (h) evidence satisfactory to Administrative Agent, that the insurance policies and endorsements required by Section 6.5 are in full force and effect; (g) (i) the Intercreditor Agreement; (j) copies of the executed Revolving Loan Agreement and all related loan documents; (k) a legal opinion of counsel to Borrower; (h) Borrower Representative; (l) Borrower Representative shall have received after the original Closing Date net cash proceeds from the issuance of preferred stock certificates representing any Shares, if any, together with a stock power or other appropriate instrument Subordinated Debt (not including proceeds from the conversion or cancellation of transfer, duly executed by Indebtedness) in an aggregate amount of at least $10,000,000, and shall have provided evidence thereof reasonably satisfactory to Agent; (m) Agent shall have received evidence reasonably satisfactory to Agent that Borrower Representative has achieved Revenue of at least $[***] during the holder period from October 21, 2018 through March 31, 2019, while maintaining Yielded BOM Margin of record of not less than [***] during such Shares period; and in blank; and 6 (i) (n) payment of the fees closing fee as specified in accordance with the Fee Letter Section 2.4(a) and Lender Expenses then due as specified in Section 2.4. 2.4(d). 3.2 Conditions Precedent to all Loans. Each Lender's obligations to make each Loan is subject to the following conditions precedent: (a) except for the Term Loan made on the Closing Date, timely receipt of an executed Loan Request by Administrative Agent; Agent (whereupon Agent shall promptly deliver a copy of such Loan Request to each applicable Lender); (b) the representations and warranties in this Agreement and the other Loan Documents shall be true, accurate, and complete in all material respects on the date of the Loan Request and on the Funding Date of each Loan; provided, however, that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof; and provided, further that those representations and warranties expressly referring to a specific date shall be true, accurate and complete in all material respects as of such date; 6 (c) no Default or Event of Default shall have occurred and be continuing or result from the Loan; and (d) there has not been any event or circumstance that has had or could reasonably be expected to have a Material Adverse Effect, or any material adverse deviation by Borrowers from the most recent business plan of Borrowers presented to and accepted by Administrative Agent, as determined by Administrative Agent in Administrative Agent's sole discretion. 3.3 Covenant to Deliver. (a) Loan Parties Subject to Section 3.3(b), Borrowers agree to deliver to Agent each item required to be delivered to Agent under this Agreement as a condition precedent to any Loan. Loan Parties Borrowers expressly agree that a Loan made prior to the receipt by Agent of any such item shall not constitute a waiver by Administrative Agent of a Borrower's obligation to deliver such item, and the making of any Loan in the absence of a required item shall be in Administrative Agent's sole reasonable discretion. (b) Loan Parties agree Borrower agrees to deliver the items set forth on Schedule 2 hereto within the timeframe set forth therein (or by such other date as Administrative Agent may approve in writing), in each case, in form and substance reasonably acceptable to Administrative Agent. 3.4 Procedures for Borrowing. To obtain a Loan, Borrower Representative shall Borrowers must deliver a completed Loan Request to Administrative Agent (which may be delivered by email) no later than 3:00 p.m. Eastern Time, ten (10) fifteen (15) Business Days, (or one (1) Business Day with respect to the Loans to be made on the Closing Date) Days prior to the date such Loan is requested to be made. made (whereupon Agent shall promptly provide a copy of such Loan Request to the affected Lenders). On the Funding Date, each applicable Lender shall fund the applicable Loan in the manner requested by the Loan Request, provided that each of the conditions precedent to such Loan is are satisfied. View More
Found in Colonnade Acquisition Corp. contract
View Variations (2)
Conditions of Loans. 3.1 Conditions Precedent to Initial Credit Extension. 3.2 Conditions Precedent to all Credit Extensions.
Found in Cinedigm Corp. contract
Conditions of Loans. 3.1 Conditions 3.1Conditions Precedent to Initial Credit Extension. 3.2 Conditions 3.2Conditions Precedent to all Credit Extensions. 3.3Post-Closing Conditions.
Found in SPARK NETWORKS INC contract
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