General Provisions Clause Example with 18 Variations from Business Contracts
This page contains General Provisions clauses in business contracts and legal agreements. An example clause is provided at the top of the page, followed by clauses with minor variations. You can view the text differences by selecting the "Show Differences" option.
General Provisions. A. Borrower must sign all documents necessary at any time to comply with the Loan. B. Borrower's execution of this Note has been duly authorized by all necessary actions of its governing body. The person signing this Note is duly authorized to do so on behalf of Borrower. C. This Note shall not be governed by any existing or future credit agreement or loan agreement with Lender. The liabilities guaranteed pursuant to any existing or future guaranty in favor of Lender shall not include this Note.... The liabilities secured by any existing or future security instrument in favor Lender shall not include this Note. D. Lender may exercise any of its rights separately or together, as many times and in any order it chooses. Lender may delay or forgo enforcing any of its rights without giving up any of them. E. Borrower may not use an oral statement of Lender or SBA to contradict or alter the written terms of this Note. F. If any part of this Note is unenforceable, all other parts remain in effect. G. To the extent allowed by law, Borrower waives all demands and notices in connection with this Note, including presentment, demand, protest, and notice of dishonor. H. Borrower's liability under this Note will continue with respect to any amounts SBA may pay Bank based on an SBA guarantee of this Note. Any agreement with Bank under which SBA may guarantee this Note does not create any third party rights or benefits for Borrower and, if SBA pays Bank under such an agreement, SBA or Bank may then seek recovery from Borrower of amounts paid by SBA. I. Lender reserves the right to modify the Note Amount based on documentation received from Borrower.View More
Variations of a "General Provisions" Clause from Business Contracts
General Provisions. A. All individuals and entities signing this Note are jointly and severally liable. B. Borrower waives all suretyship defenses. C. Borrower must sign all documents necessary at any time to comply with the Loan. B. Borrower's execution of this Note has been duly authorized by all necessary actions of its governing body. The person signing this Note is duly authorized Loan Documents and to do so enable Lender to acquire, perfect, or maintain Lender's liens on behalf of Borrower. C. This Note shall... not be governed by any existing or future credit agreement or loan agreement with Lender. The liabilities guaranteed pursuant to any existing or future guaranty in favor of Lender shall not include this Note. The liabilities secured by any existing or future security instrument in favor Lender shall not include this Note. Collateral. D. Lender may exercise any of its rights separately or together, as many times and in any order it chooses. Lender may delay or forgo enforcing any of its rights without giving up any of them. E. Borrower may not use an oral statement of Lender or SBA to contradict or alter the written terms of this Note. F. E. If any part of this Note is unenforceable, all other parts remain in effect. G. F. To the extent allowed by law, Borrower waives all demands and notices in connection with this Note, including presentment, demand, protest, and notice of dishonor. H. Borrower's liability under this Note will continue Borrower also waives any defenses based upon any claim that Lender did not obtain any guarantee; did not obtain, perfect, or maintain a lien upon Collateral; impaired Collateral; or did not obtain the fair market value of Collateral at a sale. MATTERS REGARDING INTEREST TO BE CHARGED BY LENDER AND THE EXPORTATION OF INTEREST SHALL BE GOVERNED BY FEDERAL LAW (INCLUDING WITHOUT LIMITATION 12 U.S.C. SECTIONS 85 AND 1831(u) AND THE LAW OF THE STATE OF CALIFORNIA. Borrower agrees that any legal action or proceeding with respect to any amounts SBA of its obligations under this Note may pay Bank based on an SBA guarantee be brought by Lender in any state or federal court located in the State of California, as Lender in its sole discretion may elect. Borrower submits to and accepts in respect of its property, generally and unconditionally, the non-exclusive jurisdiction of those courts. Borrower waives any claim that the State of California is not a convenient forum or the proper venue for any such suit, action or proceeding. The extension of credit that is the subject of this Note. Any agreement with Bank Note is being made by Lender in California. 7 SVB Confidential 11. BORROWER'S NAME(S) AND SIGNATURE(S). BORROWER CERTIFIES THAT THE INFORMATION PROVIDED IN THIS APPLICATION AND THE INFORMATION PROVIDED IN ALL SUPPORTING DOCUMENTS AND FORMS IS TRUE AND ACCURATE IN ALL MATERIAL RESPECTS. BORROWER UNDERSTANDS THAT KNOWINGLY MAKING A FALSE STATEMENT TO OBTAIN A GUARANTEED LOAN FROM SBA IS PUNISHABLE UNDER THE LAW, INCLUDING UNDER 18 USC 1001 AND 3571 BY IMPRISONMENT OF NOT MORE THAN FIVE YEARS AND/OR A FINE OF UP TO $250,000; UNDER 15 USC 645 BY IMPRISONMENT OF NOT MORE THAN TWO YEARS AND/OR A FINE OF NOT MORE THAN $5,000; AND, IF SUBMITTED TO A FEDERALLY INSURED INSTITUTION, UNDER 18 USC 1014 BY IMPRISONMENT OF NOT MORE THAN THIRTY YEARS AND/OR A FINE OF NOT MORE THAN $1,000,000. By signing below, each individual or entity becomes obligated under which SBA may guarantee this Note does not create any third party rights or benefits as Borrower. Funds will be credited to your Deposit Account Number ending in: BORROWER: By: /s/Paulash Mohsen Name: Paulash Mohsen Title: Authorized Signer Date: April 24, 2020 8 SVB Confidential EX-10.26 7 d29194dex1026.htm EX-10.26 EX-10.26 Exhibit 10.26 Silicon Valley Bank U.S. Small Business Administration Paycheck Protection Program Note SBA Loan No. 6285467101 SBA Loan Name Borrower Legal Name Yumanity Therapeutics Inc DBA Date Loan Amount $ 1123067 Interest Rate 1.0% per annum Borrower Yumanity Therapeutics Inc Operating Company Not applicable Lender Silicon Valley Bank 1 SVB Confidential "Per Annum" means for Borrower and, if SBA pays Bank under such a year deemed to be comprised of 360 days. "SBA" means the Small Business Administration, an agreement, SBA or Bank may then seek recovery from Borrower Agency of amounts paid by SBA. I. Lender reserves the right to modify the Note Amount based on documentation received from Borrower. United States of America. View More
General Provisions. A. All individuals and entities signing this Note are jointly and severally liable. B. Borrower waives all suretyship defenses. C. Borrower must sign all documents necessary at any time to comply with the Loan. B. Borrower's execution of this Note has been duly authorized by all necessary actions of its governing body. The person signing this Note is duly authorized Loan Documents and to do so enable Lender to acquire, perfect, or maintain Lender's liens on behalf of Borrower. C. This Note shall... not be governed by any existing or future credit agreement or loan agreement with Lender. The liabilities guaranteed pursuant to any existing or future guaranty in favor of Lender shall not include this Note. The liabilities secured by any existing or future security instrument in favor Lender shall not include this Note. Collateral. D. Lender may exercise any of its rights separately or together, as many times and in any order it chooses. Lender may delay or forgo enforcing any of its rights without giving up any of them. E. Borrower E.Borrower may not use an oral statement of Lender or SBA to contradict or alter the written terms of this Note. F. E. If any part of this Note is unenforceable, all other parts remain in effect. G. F. To the extent allowed by law, Borrower waives all demands and notices in connection with this Note, including presentment, demand, protest, and notice of dishonor. H. Borrower's liability under this Note will continue Borrower also waives any defenses based upon any claim that Lender did not obtain any guarantee; did not obtain, perfect, or maintain a lien upon Collateral; impaired Collateral; or did not obtain the fair market value of Collateral at a sale. MATTERS REGARDING INTEREST TO BE CHARGED BY LENDER AND THE EXPORTATION OF INTEREST SHALL BE GOVERNED BY FEDERAL LAW (INCLUDING WITHOUT LIMITATION 12 U.S.C. SECTIONS 85 AND 1831(u) AND THE LAW OF THE STATE OF CALIFORNIA. Borrower agrees that any legal action or proceeding with respect to any amounts SBA of its obligations under this Note may pay Bank based on an SBA guarantee be brought by Lender in any state or federal court located in the State of California, as Lender in its sole discretion may elect. Borrower submits to and accepts in respect of its property, generally and unconditionally, the non-exclusive jurisdiction of those courts. Borrower waives any claim that the State of California is not a convenient forum or the proper venue for any such suit, action or proceeding. The extension of credit that is the subject of this Note. Any agreement with Bank Note is being made by Lender in California. 7 SBA Form 147 (06/03/02) Version 4.1 SVB Confidential 11. BORROWER'S NAME(S) AND SIGNATURE(S). BORROWER CERTIFIES THAT THE INFORMATION PROVIDED IN THIS APPLICATION AND THE INFORMATION PROVIDED IN ALL SUPPORTING DOCUMENTS AND FORMS IS TRUE AND ACCURATE IN ALL MATERIAL RESPECTS. BORROWER UNDERSTANDS THAT KNOWINGLY MAKING A FALSE STATEMENT TO OBTAIN A GUARANTEED LOAN FROM SBA IS PUNISHABLE UNDER THE LAW, INCLUDING UNDER 18 USC 1001 AND 3571 BY IMPRISONMENT OF NOT MORE THAN FIVE YEARS AND/OR A FINE OF UP TO $250,000; UNDER 15 USC 645 BY IMPRISONMENT OF NOT MORE THAN TWO YEARS AND/OR A FINE OF NOT MORE THAN $5,000; AND, IF SUBMITTED TO A FEDERALLY INSURED INSTITUTION, UNDER 18 USC 1014 BY IMPRISONMENT OF NOT MORE THAN THIRTY YEARS AND/OR A FINE OF NOT MORE THAN $1,000,000. By signing below, each individual or entity becomes obligated under which SBA may guarantee this Note does not create any third party rights or benefits as Borrower. Funds will be credited to your Deposit Account Number ending in: 8511 BORROWER: By: /s/ MICHAEL A. ARENDS Name: Michael Arends Title: Authorized Signer Date: 5/4/2020 8 SBA Form 147 (06/03/02) Version 4.1 SVB Confidential EX-10.1 2 mchx-ex101_7.htm EX-10.1 mchx-ex101_7.htm Exhibit 10.1 Silicon Valley Bank U.S. Small Business Administration Paycheck Protection Program Note SBA Loan No. 4123277210 SBA Loan Name Borrower Legal Name Marchex, Inc. DBA Date 5/4/2020 Loan Amount $ 3970587 Interest Rate 1.0% per annum Borrower Marchex, Inc. Operating Company Not applicable Lender Silicon Valley Bank 1. PROMISE TO PAY. In return for the Loan, Borrower and, if SBA pays Bank under such an agreement, SBA or Bank may then seek recovery from Borrower promises to pay to the order of Lender the amount of $ 3970587Dollars, interest on the unpaid principal balance, and all other amounts paid required by SBA. I. Lender reserves the right to modify the Note Amount based on documentation received from Borrower. this Note. View More
General Provisions. A. All individuals and entities signing this Note are jointly and severally liable. B. Borrower waives all suretyship defenses. C. Borrower must sign all documents necessary at any time to comply with the Loan. B. Borrower's execution of this Note has been duly authorized by all necessary actions of its governing body. The person signing this Note is duly authorized Loan Documents and to do so enable Lender to acquire, perfect, or maintain Lender's liens on behalf of Borrower. C. This Note shall... not be governed by any existing or future credit agreement or loan agreement with Lender. The liabilities guaranteed pursuant to any existing or future guaranty in favor of Lender shall not include this Note. The liabilities secured by any existing or future security instrument in favor Lender shall not include this Note. Collateral. D. Lender may exercise any of its rights separately or together, as many times and in any order it chooses. Lender may delay or forgo enforcing any of its rights without giving up any of them. E. Borrower may not use an oral statement of Lender or SBA to contradict or alter the written terms of this Note. F. E. If any part of this Note is unenforceable, all other parts remain in effect. G. F. To the extent allowed by law, Borrower waives all demands and notices in connection with this Note, including presentment, demand, protest, and notice of dishonor. H. Borrower's liability under this Note will continue Borrower also waives any defenses based upon any claim that Lender did not obtain any guarantee; did not obtain, perfect, or maintain a lien upon Collateral; impaired Collateral; or did not obtain the fair market value of Collateral at a sale. MATTERS REGARDING INTEREST TO BE CHARGED BY LENDER AND THE EXPORTATION OF INTEREST SHALL BE GOVERNED BY FEDERAL LAW (INCLUDING WITHOUT LIMITATION 12 U.S.C. SECTIONS 85 AND 1831(u) AND THE LAW OF THE STATE OF CALIFORNIA. Borrower agrees that any legal action or proceeding with respect to any amounts SBA of its obligations under this Note may pay Bank based on an SBA guarantee be brought by Lender in any state or federal court located in the State of California, as Lender in its sole discretion may elect. Borrower submits to and accepts in respect of its property, generally and unconditionally, the non-exclusive jurisdiction of those courts. Borrower waives any claim that the State of California is not a convenient forum or the proper venue for any such suit, action or proceeding. The extension of credit that is the subject of this Note. Any agreement with Bank Note is being made by Lender in California. 7 SBA Form 147 (06/03/02) Version 4.1 SVB Confidential 11. BORROWER'S NAME(S) AND SIGNATURE(S). BORROWER CERTIFIES THAT THE INFORMATION PROVIDED IN THIS APPLICATION AND THE INFORMATION PROVIDED IN ALL SUPPORTING DOCUMENTS AND FORMS IS TRUE AND ACCURATE IN ALL MATERIAL RESPECTS. BORROWER UNDERSTANDS THAT KNOWINGLY MAKING A FALSE STATEMENT TO OBTAIN A GUARANTEED LOAN FROM SBA IS PUNISHABLE UNDER THE LAW, INCLUDING UNDER 18 USC 1001 AND 3571 BY IMPRISONMENT OF NOT MORE THAN FIVE YEARS AND/OR A FINE OF UP TO $250,000; UNDER 15 USC 645 BY IMPRISONMENT OF NOT MORE THAN TWO YEARS AND/OR A FINE OF NOT MORE THAN $5,000; AND, IF SUBMITTED TO A FEDERALLY INSURED INSTITUTION, UNDER 18 USC 1014 BY IMPRISONMENT OF NOT MORE THAN THIRTY YEARS AND/OR A FINE OF NOT MORE THAN $1,000,000. By signing below, each individual or entity becomes obligated under which SBA may guarantee this Note does not create any third party rights or benefits as Borrower. BORROWER: 9246 By: /s/ Michael D. Prinn Name: Michael D. Prinn Title: Authorized Signer Date: 5/5/2020 8 SBA Form 147 (06/03/02) Version 4.1 SVB Confidential EX-10.1 2 d876567dex101.htm EX-10.1 EX-10.1 Exhibit 10.1 Silicon Valley Bank U.S. Small Business Administration Paycheck Protection Program Note SBA Loan No. 5453827206 SBA Loan Name Borrower Legal Name SeaChange International, Inc. DBA Date 5/5/2020 Loan Amount $ 2412890.00 Interest Rate 1.0% per annum Borrower SeaChange International, Inc. Operating Company Not applicable Lender Silicon Valley Bank 1. PROMISE TO PAY. In return for the Loan, Borrower and, if SBA pays Bank under such an agreement, SBA or Bank may then seek recovery from Borrower promises to pay to the order of Lender the amount of $ 2412890.00 Dollars, interest on the unpaid principal balance, and all other amounts paid required by SBA. I. Lender reserves the right to modify the Note Amount based on documentation received from Borrower. this Note. View More
General Provisions. A. Borrower A.All individuals and entities signing this Note are jointly and severally liable. B.Borrower waives all suretyship defenses. C.Borrower must sign all documents necessary at any time to comply with the Loan. B. Borrower's execution of this Note has been duly authorized by all necessary actions of its governing body. The person signing this Note is duly authorized Loan Documents and to do so enable Lender to acquire, perfect, or maintain Lender's liens on behalf of Borrower. C. This N...ote shall not be governed by any existing or future credit agreement or loan agreement with Lender. The liabilities guaranteed pursuant to any existing or future guaranty in favor of Lender shall not include this Note. The liabilities secured by any existing or future security instrument in favor Lender shall not include this Note. D. Lender Collateral. D.Lender may exercise any of its rights separately or together, as many times and in any order it chooses. Lender may delay or forgo enforcing any of its rights without giving up any of them. E. Borrower may not use an oral statement of Lender or SBA to contradict or alter the written terms of this Note. F. If E.If any part of this Note is unenforceable, all other parts remain in effect. G. To F.To the extent allowed by law, Borrower waives all demands and notices in connection with this Note, including presentment, demand, protest, and notice of dishonor. H. Borrower's liability under this Note will continue Borrower also waives any defenses based upon any claim that Lender did not obtain any guarantee; did not obtain, perfect, or maintain a lien upon Collateral; impaired Collateral; or did not obtain the fair market value of Collateral at a sale. MATTERS REGARDING INTEREST TO BE CHARGED BY LENDER AND THE EXPORTATION OF INTEREST SHALL BE GOVERNED BY FEDERAL LAW (INCLUDING WITHOUT LIMITATION 12 U.S.C. SECTIONS 85 AND 1831(u) AND THE LAW OF THE STATE OF CALIFORNIA. Borrower agrees that any legal action or proceeding with respect to any amounts SBA of its obligations under this Note may pay Bank based on an SBA guarantee be brought by Lender in any state or federal court located in the State of California, as Lender in its sole discretion may elect. Borrower submits to and accepts in respect of its property, generally and unconditionally, the non-exclusive jurisdiction of those courts. Borrower waives any claim that the State of California is not a convenient forum or the proper venue for any such suit, action or proceeding. The extension of credit that is the subject of this Note. Any agreement with Bank Note is being made by Lender in California. 7SVB Confidential 11. BORROWER'S NAME(S) AND SIGNATURE(S). BORROWER CERTIFIES THAT THE INFORMATION PROVIDED IN THIS APPLICATION AND THE INFORMATION PROVIDED IN ALL SUPPORTING DOCUMENTS AND FORMS IS TRUE AND ACCURATE IN ALL MATERIAL RESPECTS. BORROWER UNDERSTANDS THAT KNOWINGLY MAKING A FALSE STATEMENT TO OBTAIN A GUARANTEED LOAN FROM SBA IS PUNISHABLE UNDER THE LAW, INCLUDING UNDER 18 USC 1001 AND 3571 BY IMPRISONMENT OF NOT MORE THAN FIVE YEARS AND/OR A FINE OF UP TO $250,000; UNDER 15 USC 645 BY IMPRISONMENT OF NOT MORE THAN TWO YEARS AND/OR A FINE OF NOT MORE THAN $5,000; AND, IF SUBMITTED TO A FEDERALLY INSURED INSTITUTION, UNDER 18 USC 1014 BY IMPRISONMENT OF NOT MORE THAN THIRTY YEARS AND/OR A FINE OF NOT MORE THAN $1,000,000. By signing below, each individual or entity becomes obligated under which SBA may guarantee this Note does not create any third party rights or benefits for Borrower and, if SBA pays Bank under such an agreement, SBA or Bank may then seek recovery from Borrower of amounts paid by SBA. I. Lender reserves the right as Borrower. Funds will be credited to modify the Note Amount based on documentation received from Borrower. your Deposit Account Number ending in: XXXX BORROWER: By: /s/ David Guzman Name: David Guzman Title: Authorized Signer Date: 4/22/2020 8 SVB Confidential View More
General Provisions. A. Borrower waives all suretyship defenses. B. Borrower must sign all documents necessary at any time to comply with the Loan. B. Borrower's execution of this Note has been duly authorized by all necessary actions of its governing body. The person signing this Note is duly authorized Loan Documents and to do so enable Lender to acquire, perfect, or maintain Lender's liens on behalf of Borrower. Collateral. C. This Note shall not be governed by any existing or future credit agreement or loan agre...ement with Lender. The liabilities guaranteed pursuant to any existing or future guaranty in favor of Lender shall not include this Note. The liabilities secured by any existing or future security instrument in favor Lender shall not include this Note. D. Lender may exercise any of its rights separately or together, as many times and in any order it chooses. Lender may delay or forgo enforcing any of its rights without giving up any of them. E. Borrower may not use an oral statement of Lender or SBA to contradict or alter the written terms of this Note. F. D. If any part of this Note is unenforceable, all other parts remain in effect. G. E. To the extent allowed by law, Borrower waives all demands and notices in connection with this Note, including presentment, demand, protest, and notice of dishonor. H. Borrower's liability under this Note will continue Borrower also waives any defenses based upon any claim that Lender did not obtain any guarantee; did not obtain, perfect, or maintain a lien upon Collateral; impaired Collateral; or did not obtain the fair market value of Collateral at a sale. MATTERS REGARDING INTEREST TO BE CHARGED BY LENDER AND THE EXPORTATION OF INTEREST SHALL BE GOVERNED BY FEDERAL LAW (INCLUDING WITHOUT LIMITATION 12 U.S.C. SECTIONS 85 AND 1831(u) AND THE LAW OF THE STATE OF CALIFORNIA. Borrower agrees that any legal action or proceeding with respect to any amounts SBA of its obligations under this Note may pay Bank based on an SBA guarantee be brought by Lender in any state or federal court located in the State of California, as Lender in its sole discretion may elect. Borrower submits to and accepts in respect of its property, generally and unconditionally, the non-exclusive jurisdiction of those courts. Borrower waives any claim that the State of California is not a convenient forum or the proper venue for any such suit, action or proceeding. The extension of credit that is the subject of this Note. Any agreement with Bank under which Note is being made by Lender in California. 8 11. BORROWER'S NAME(S) AND SIGNATURE(S). BORROWER CERTIFIES THAT THE INFORMATION PROVIDED IN THIS APPLICATION AND THE INFORMATION PROVIDED IN ALL SUPPORTING DOCUMENTS AND FORMS IS TRUE AND ACCURATE IN ALL MATERIAL RESPECTS. BORROWER UNDERSTANDS THAT KNOWINGLY MAKING A FALSE STATEMENT TO OBTAIN A GUARANTEED LOAN FROM SBA may guarantee this Note does not create any third party rights or benefits for Borrower and, if SBA pays Bank under such an agreement, SBA or Bank may then seek recovery from Borrower of amounts paid by SBA. I. Lender reserves the right to modify the Note Amount based on documentation received from Borrower. IS PUNISHABLE UNDER THE LAW, INCLUDING UNDER 18 USC 1001 AND 3571 BY IMPRISONMENT OF NOT MORE THAN FIVE YEARS AND/OR A FINE OF UP TO $250,000; UNDER 15 USC 645 BY IMPRISONMENT OF NOT MORE THAN TWO YEARS AND/OR A FINE OF NOT MORE THAN $5,000; AND, IF SUBMITTED TO A FEDERALLY INSURED INSTITUTION, UNDER 18 USC 1014 BY IMPRISONMENT OF NOT MORE THAN THIRTY YEARS AND/OR A FINE OF NOT MORE THAN $1,000,000. View More
General Provisions. A. All individuals and entities signing this Note are jointly and severally liable. B. Borrower waives all suretyship defenses. C. Borrower must sign all documents necessary at any time to comply with the Loan. B. Borrower's execution of this Note has been duly authorized by all necessary actions of its governing body. The person signing this Note is duly authorized Loan Documents and to do so enable Lender to acquire, perfect, or maintain Lender's liens on behalf of Borrower. C. This Note shall... not be governed by any existing or future credit agreement or loan agreement with Lender. The liabilities guaranteed pursuant to any existing or future guaranty in favor of Lender shall not include this Note. The liabilities secured by any existing or future security instrument in favor Lender shall not include this Note. Collateral. D. Lender may exercise any of its rights separately or together, as many times and in any order it chooses. Lender may delay or forgo enforcing any of its rights without giving up any of them. E. Borrower may not use an oral statement of Lender or SBA to contradict or alter the written terms of this Note. F. E. If any part of this Note is unenforceable, all other parts remain in effect. G. F. To the extent allowed by law, Borrower waives all demands and notices in connection with this Note, including presentment, demand, protest, and notice of dishonor. H. Borrower's liability under this Note will continue Borrower also waives any defenses based upon any claim that Lender did not obtain any guarantee; did not obtain, perfect, or maintain a lien upon Collateral; impaired Collateral; or did not obtain the fair market value of Collateral at a sale. MATTERS REGARDING INTEREST TO BE CHARGED BY LENDER AND THE EXPORTATION OF INTEREST SHALL BE GOVERNED BY FEDERAL LAW (INCLUDING WITHOUT LIMITATION 12 U.S.C. SECTIONS 85 AND 1831(u) AND THE LAW OF THE STATE OF CALIFORNIA. Borrower agrees that any legal action or proceeding with respect to any amounts SBA of its obligations under this Note may pay Bank based on an SBA guarantee be brought by Lender in any state or federal court located in the State of California, as Lender in its sole discretion may elect. Borrower submits to and accepts in respect of its property, generally and unconditionally, the non-exclusive jurisdiction of those courts. Borrower waives any claim that the State of California is not a convenient forum or the proper venue for any such suit, action or proceeding. The extension of credit that is the subject of this Note. Any agreement with Bank Note is being made by Lender in California. 7 11. BORROWER'S NAME(S) AND SIGNATURE(S). BORROWER CERTIFIES THAT THE INFORMATION PROVIDED IN THIS APPLICATION AND THE INFORMATION PROVIDED IN ALL SUPPORTING DOCUMENTS AND FORMS IS TRUE AND ACCURATE IN ALL MATERIAL RESPECTS. BORROWER UNDERSTANDS THAT KNOWINGLY MAKING A FALSE STATEMENT TO OBTAIN A GUARANTEED LOAN FROM SBA IS PUNISHABLE UNDER THE LAW, INCLUDING UNDER 18 USC 1001 AND 3571 BY IMPRISONMENT OF NOT MORE THAN FIVE YEARS AND/OR A FINE OF UP TO $250,000; UNDER 15 USC 645 BY IMPRISONMENT OF NOT MORE THAN TWO YEARS AND/OR A FINE OF NOT MORE THAN $5,000; AND, IF SUBMITTED TO A FEDERALLY INSURED INSTITUTION, UNDER 18 USC 1014 BY IMPRISONMENT OF NOT MORE THAN THIRTY YEARS AND/OR A FINE OF NOT MORE THAN $1,000,000. By signing below, each individual or entity becomes obligated under which SBA may guarantee this Note does not create any third party rights or benefits as Borrower. Funds will be credited to your Deposit Account Number ending in: 7345 BORROWER: By: Name: Kenneth B. Spink Title: Authorized Signer Date: 4/23/2020 8 EX-10.1 2 aehr_ex101.htm PROMISSORY NOTE aehr_ex101 Exhibit 10.1 Silicon Valley Bank U.S. Small Business Administration Paycheck Protection Program Note SBA Loan No. 4678457100 SBA Loan Name Borrower Legal Name AEHR TEST SYSTEMS DBA Date 4/23/2020 Loan Amount $ 1678789 Interest Rate 1.0% per annum Borrower AEHR TEST SYSTEMS Operating Company Not applicable Lender Silicon Valley Bank 1. PROMISE TO PAY. In return for the Loan, Borrower and, if SBA pays Bank under such an agreement, SBA or Bank may then seek recovery from Borrower promises to pay to the order of Lender the amount of $ 1678789 Dollars, interest on the unpaid principal balance, and all other amounts paid required by SBA. I. Lender reserves the right to modify the Note Amount based on documentation received from Borrower. this Note. View More
General Provisions. A. Borrower A.All individuals and entities signing this Note are jointly and severally liable. B.Borrower waives all suretyship defenses. C.Borrower must sign all documents necessary at any time to comply with the Loan. B. Borrower's execution of this Note has been duly authorized by all necessary actions of its governing body. The person signing this Note is duly authorized Loan Documents and to do so enable Lender to acquire, perfect, or maintain Lender's liens on behalf of Borrower. C. This N...ote shall not be governed by any existing or future credit agreement or loan agreement with Lender. The liabilities guaranteed pursuant to any existing or future guaranty in favor of Lender shall not include this Note. The liabilities secured by any existing or future security instrument in favor Lender shall not include this Note. D. Lender Collateral. D.Lender may exercise any of its rights separately or together, as many times and in any order it chooses. Lender may delay or forgo enforcing any of its rights without giving up any of them. E. Borrower may not use an oral statement of Lender or SBA to contradict or alter the written terms of this Note. F. If E.If any part of this Note is unenforceable, all other parts remain in effect. G. To F.To the extent allowed by law, Borrower waives all demands and notices in connection with this Note, including presentment, demand, protest, and notice of dishonor. H. Borrower's liability under this Note will continue Borrower also waives any defenses based upon any claim that Lender did not obtain any guarantee; did not obtain, perfect, or maintain a lien upon Collateral; impaired Collateral; or did not obtain the fair market value of Collateral at a sale. MATTERS REGARDING INTEREST TO BE CHARGED BY LENDER AND THE EXPORTATION OF INTEREST SHALL BE GOVERNED BY FEDERAL LAW (INCLUDING WITHOUT LIMITATION 12 U.S.C. SECTIONS 85 AND 1831(u) AND THE LAW OF THE STATE OF CALIFORNIA. Borrower agrees that any legal action or proceeding with respect to any amounts SBA of its obligations under this Note may pay Bank based on an SBA guarantee be brought by Lender in any state or federal court located in the State of California, as Lender in its sole discretion may elect. Borrower submits to and accepts in respect of its property, generally and unconditionally, the non-exclusive jurisdiction of those courts. Borrower waives any claim that the State of California is not a convenient forum or the proper venue for any such suit, action or proceeding. The extension of credit that is the subject of this Note. Any agreement with Bank Note is being made by Lender in California. 7 11. BORROWER'S NAME(S) AND SIGNATURE(S). BORROWER CERTIFIES THAT THE INFORMATION PROVIDED IN THIS APPLICATION AND THE INFORMATION PROVIDED IN ALL SUPPORTING DOCUMENTS AND FORMS IS TRUE AND ACCURATE IN ALL MATERIAL RESPECTS. BORROWER UNDERSTANDS THAT KNOWINGLY MAKING A FALSE STATEMENT TO OBTAIN A GUARANTEED LOAN FROM SBA IS PUNISHABLE UNDER THE LAW, INCLUDING UNDER 18 USC 1001 AND 3571 BY IMPRISONMENT OF NOT MORE THAN FIVE YEARS AND/OR A FINE OF UP TO $250,000; UNDER 15 USC 645 BY IMPRISONMENT OF NOT MORE THAN TWO YEARS AND/OR A FINE OF NOT MORE THAN $5,000; AND, IF SUBMITTED TO A FEDERALLY INSURED INSTITUTION, UNDER 18 USC 1014 BY IMPRISONMENT OF NOT MORE THAN THIRTY YEARS AND/OR A FINE OF NOT MORE THAN $1,000,000. By signing below, each individual or entity becomes obligated under which SBA may guarantee this Note does not create any third party rights or benefits as Borrower. Funds will be credited to your Deposit Account Number ending in: 5366 BORROWER: By: /s/ Jeffrey Hamet Name: Jeffrey Hamet Title: Authorized Signer Date: 5/7/2020 8 EX-10.14 21 tm2023171d8_ex10-14.htm EXHIBIT 10.14 Exhibit 10.14 Silicon Valley Bank U.S. Small Business Administration Paycheck Protection Program Note SBA Loan No. 6608117303 SBA Loan Name Borrower Legal Name Aziyo Biologics, Inc. DBA Date 5/7/2020 Loan Amount $ 2995265 Interest Rate 1.0% per annum Borrower Aziyo Biologics, Inc. Operating Company Not applicable Lender Silicon Valley Bank 1. PROMISE TO PAY. In return for the Loan, Borrower and, if SBA pays Bank under such an agreement, SBA or Bank may then seek recovery from Borrower promises to pay to the order of Lender the amount of $ 2995265 Dollars, interest on the unpaid principal balance, and all other amounts paid required by SBA. I. Lender reserves the right to modify the Note Amount based on documentation received from Borrower. this Note. View More
General Provisions. A. All individuals and entities signing this Note are jointly and severally liable. B. Borrower waives all suretyship defenses. C. Borrower must sign all documents necessary at any time to comply with the Loan. B. Borrower's execution of this Note has been duly authorized by all necessary actions of its governing body. The person signing this Note is duly authorized Loan Documents and to do so enable Lender to acquire, perfect, or maintain Lender's liens on behalf of Borrower. C. This Note shall... not be governed by any existing or future credit agreement or loan agreement with Lender. The liabilities guaranteed pursuant to any existing or future guaranty in favor of Lender shall not include this Note. The liabilities secured by any existing or future security instrument in favor Lender shall not include this Note. Collateral. D. Lender may exercise any of its rights separately or together, as many times and in any order it chooses. Lender may delay or forgo enforcing any of its rights without giving up any of them. E. Borrower may not use an oral statement of Lender or SBA to contradict or alter the written terms of this Note. F. E. If any part of this Note is unenforceable, all other parts remain in effect. G. F. To the extent allowed by law, Borrower waives all demands and notices in connection with this Note, including presentment, demand, protest, and notice of dishonor. H. Borrower's liability under this Note will continue Borrower also waives any defenses based upon any claim that Lender did not obtain any guarantee; did not obtain, perfect, or maintain a lien upon Collateral; impaired Collateral; or did not obtain the fair market value of Collateral at a sale. MATTERS REGARDING INTEREST TO BE CHARGED BY LENDER AND THE EXPORTATION OF INTEREST SHALL BE GOVERNED BY FEDERAL LAW (INCLUDING WITHOUT LIMITATION 12 U.S.C. SECTIONS 85 AND 1831(u) AND THE LAW OF THE STATE OF CALIFORNIA. Borrower agrees that any legal action or proceeding with respect to any amounts SBA of its obligations under this Note may pay Bank based on an SBA guarantee be brought by Lender in any state or federal court located in the State of California, as Lender in its sole discretion may elect. Borrower submits to and accepts in respect of its property, generally and unconditionally, the non-exclusive jurisdiction of those courts. Borrower waives any claim that the State of California is not a convenient forum or the proper venue for any such suit, action or proceeding. The extension of credit that is the subject of this Note. Any agreement with Bank Note is being made by Lender in California. 7 11. BORROWER'S NAME(S) AND SIGNATURE(S). BORROWER CERTIFIES THAT THE INFORMATION PROVIDED IN THIS APPLICATION AND THE INFORMATION PROVIDED IN ALL SUPPORTING DOCUMENTS AND FORMS IS TRUE AND ACCURATE IN ALL MATERIAL RESPECTS. BORROWER UNDERSTANDS THAT KNOWINGLY MAKING A FALSE STATEMENT TO OBTAIN A GUARANTEED LOAN FROM SBA IS PUNISHABLE UNDER THE LAW, INCLUDING UNDER 18 USC 1001 AND 3571 BY IMPRISONMENT OF NOT MORE THAN FIVE YEARS AND/OR A FINE OF UP TO $250,000; UNDER 15 USC 645 BY IMPRISONMENT OF NOT MORE THAN TWO YEARS AND/OR A FINE OF NOT MORE THAN $5,000; AND, IF SUBMITTED TO A FEDERALLY INSURED INSTITUTION, UNDER 18 USC 1014 BY IMPRISONMENT OF NOT MORE THAN THIRTY YEARS AND/OR A FINE OF NOT MORE THAN $1,000,000. By signing below, each individual or entity becomes obligated under which SBA may guarantee this Note does not create any third party rights or benefits as Borrower. BORROWER: By: /s/ Mark Weinswig Name: Mark Weinswig Title: Authorized Signer Date: 4/20/2020 8 EX-10.1 2 ex_182545.htm EXHIBIT 10.1 ex_182545.htm Exhibit 10.1 Silicon Valley Bank U.S. Small Business Administration Paycheck Protection Program Note SBA Loan No. ********** SBA Loan Name Borrower Legal Name Avinger, Inc. DBA Date 4/20/2020 Loan Amount $ 2329900 Interest Rate 1.0% Per Annum Borrower Avinger, Inc. Operating Company Not applicable Lender Silicon Valley Bank 1. PROMISE TO PAY. In return for the Loan, Borrower and, if SBA pays Bank under such an agreement, SBA or Bank may then seek recovery from Borrower promises to pay to the order of Lender the amount of $ 2329900 Dollars, interest on the unpaid principal balance, and all other amounts paid required by SBA. I. Lender reserves the right to modify the Note Amount based on documentation received from Borrower. this Note. View More
General Provisions. A. All individuals and entities signing this Note are jointly and severally liable. B. Borrower waives all suretyship defenses. C. Borrower must sign all documents necessary at any time to comply with the Loan. B. Borrower's execution of this Note has been duly authorized by all necessary actions of its governing body. The person signing this Note is duly authorized Loan Documents and to do so enable Lender to acquire, perfect, or maintain Lender's liens on behalf of Borrower. C. This Note shall... not be governed by any existing or future credit agreement or loan agreement with Lender. The liabilities guaranteed pursuant to any existing or future guaranty in favor of Lender shall not include this Note. The liabilities secured by any existing or future security instrument in favor Lender shall not include this Note. Collateral. D. Lender may exercise any of its rights separately or together, as many times and in any order it chooses. Lender may delay or forgo enforcing any of its rights without giving up any of them. E. Borrower E.Borrower may not use an oral statement of Lender or SBA to contradict or alter the written terms of this Note. F. E. If any part of this Note is unenforceable, all other parts remain in effect. G. F. To the extent allowed by law, Borrower waives all demands and notices in connection with this Note, including presentment, demand, protest, and notice of dishonor. H. Borrower's liability under this Note will continue Borrower also waives any defenses based upon any claim that Lender did not obtain any guarantee; did not obtain, perfect, or maintain a lien upon Collateral; impaired Collateral; or did not obtain the fair market value of Collateral at a sale. MATTERS REGARDING INTEREST TO BE CHARGED BY LENDER AND THE EXPORTATION OF INTEREST SHALL BE GOVERNED BY FEDERAL LAW (INCLUDING WITHOUT LIMITATION 12 U.S.C. SECTIONS 85 AND 1831(u) AND THE LAW OF THE STATE OF CALIFORNIA. Borrower agrees that any legal action or proceeding with respect to any amounts SBA of its obligations under this Note may pay Bank based on an SBA guarantee be brought by Lender in any state or federal court located in the State of California, as Lender in its sole discretion may elect. Borrower submits to and accepts in respect of its property, generally and unconditionally, the non-exclusive jurisdiction of those courts. Borrower waives any claim that the State of California is not a convenient forum or the proper venue for any such suit, action or proceeding. The extension of credit that is the subject of this Note. Any agreement with Bank Note is being made by Lender in California. 7 11. BORROWER'S NAME(S) AND SIGNATURE(S). BORROWER CERTIFIES THAT THE INFORMATION PROVIDED IN THIS APPLICATION AND THE INFORMATION PROVIDED IN ALL SUPPORTING DOCUMENTS AND FORMS IS TRUE AND ACCURATE IN ALL MATERIAL RESPECTS. BORROWER UNDERSTANDS THAT KNOWINGLY MAKING A FALSE STATEMENT TO OBTAIN A GUARANTEED LOAN FROM SBA IS PUNISHABLE UNDER THE LAW, INCLUDING UNDER 18 USC 1001 AND 3571 BY IMPRISONMENT OF NOT MORE THAN FIVE YEARS AND/OR A FINE OF UP TO $250,000; UNDER 15 USC 645 BY IMPRISONMENT OF NOT MORE THAN TWO YEARS AND/OR A FINE OF NOT MORE THAN $5,000; AND, IF SUBMITTED TO A FEDERALLY INSURED INSTITUTION, UNDER 18 USC 1014 BY IMPRISONMENT OF NOT MORE THAN THIRTY YEARS AND/OR A FINE OF NOT MORE THAN $1,000,000. By signing below, each individual or entity becomes obligated under which SBA may guarantee this Note does not create any third party rights as Borrower. Funds will be credited to your Deposit Account Number ending in: 8674 BORROWER: By: /s/ Emmanuel Reamico Name: Emmanuel Reamico Title: Controller Date: 4/22/2020 8 EX-10.1 2 irix-ex101_7.htm EX-10.1 irix-ex101_7.htm Exhibit 10.1 Silicon Valley Bank U.S. Small Business Administration Paycheck Protection Program Note SBA Loan No. 9560177107 SBA Loan Name Borrower Legal Name IRIDEX CORPORATION DBA Date 4/22/2020 Loan Amount $2,497,199 Interest Rate 1.0% per annum Borrower IRIDEX CORPORATION Operating Company Not applicable Lender Silicon Valley Bank 1. PROMISE TO PAY. In return or benefits for the Loan, Borrower and, if SBA pays Bank under such an agreement, SBA or Bank may then seek recovery from Borrower promises to pay to the order of Lender the amount of $2,497,199, interest on the unpaid principal balance, and all other amounts paid required by SBA. I. Lender reserves the right to modify the Note Amount based on documentation received from Borrower. this Note. View More
General Provisions. A. All individuals and entities signing this Note are jointly and severally liable. B. Borrower waives all suretyship defenses. C. Borrower must sign all documents necessary at any time to comply with the Loan. B. Borrower's execution of this Note has been duly authorized by all necessary actions of its governing body. The person signing this Note is duly authorized Loan Documents and to do so enable Lender to acquire, perfect, or maintain Lender's liens on behalf of Borrower. C. This Note shall... not be governed by any existing or future credit agreement or loan agreement with Lender. The liabilities guaranteed pursuant to any existing or future guaranty in favor of Lender shall not include this Note. The liabilities secured by any existing or future security instrument in favor Lender shall not include this Note. Collateral. D. Lender may exercise any of its rights separately or together, as many times and in any order it chooses. Lender may delay or forgo enforcing any of its rights without giving up any of them. E. Borrower may not use an oral statement of Lender or SBA to contradict or alter the written terms of this Note. F. E. If any part of this Note is unenforceable, all other parts remain in effect. G. F. To the extent allowed by law, Borrower waives all demands and notices in connection with this Note, including presentment, demand, protest, and notice of dishonor. H. Borrower's liability under this Note will continue Borrower also waives any defenses based upon any claim that Lender did not obtain any guarantee; did not obtain, perfect, or maintain a lien upon Collateral; impaired Collateral; or did not obtain the fair market value of Collateral at a sale. MATTERS REGARDING INTEREST TO BE CHARGED BY LENDER AND THE EXPORTATION OF INTEREST SHALL BE GOVERNED BY FEDERAL LAW (INCLUDING WITHOUT LIMITATION 12 U.S.C. SECTIONS 85 AND 1831(u) AND THE LAW OF THE STATE OF CALIFORNIA. Borrower agrees that any legal action or proceeding with respect to any amounts SBA of its obligations under this Note may pay Bank based on an SBA guarantee be brought by Lender in any state or federal court located in the State of California, as Lender in its sole discretion may elect. Borrower submits to and accepts in respect of its property, generally and unconditionally, the non-exclusive jurisdiction of those courts. Borrower waives any claim that the State of California is not a convenient forum or the proper venue for any such suit, action or proceeding. The extension of credit that is the subject of this Note. Any agreement with Bank Note is being made by Lender in California. 7 11. BORROWER'S NAME(S) AND SIGNATURE(S). BORROWER CERTIFIES THAT THE INFORMATION PROVIDED IN THIS APPLICATION AND THE INFORMATION PROVIDED IN ALL SUPPORTING DOCUMENTS AND FORMS IS TRUE AND ACCURATE IN ALL MATERIAL RESPECTS. BORROWER UNDERSTANDS THAT KNOWINGLY MAKING A FALSE STATEMENT TO OBTAIN A GUARANTEED LOAN FROM SBA IS PUNISHABLE UNDER THE LAW, INCLUDING UNDER 18 USC 1001 AND 3571 BY IMPRISONMENT OF NOT MORE THAN FIVE YEARS AND/OR A FINE OF UP TO $250,000; UNDER 15 USC 645 BY IMPRISONMENT OF NOT MORE THAN TWO YEARS AND/OR A FINE OF NOT MORE THAN $5,000; AND, IF SUBMITTED TO A FEDERALLY INSURED INSTITUTION, UNDER 18 USC 1014 BY IMPRISONMENT OF NOT MORE THAN THIRTY YEARS AND/OR A FINE OF NOT MORE THAN $1,000,000. By signing below, each individual or entity becomes obligated under which SBA may guarantee this Note does not create any third party rights or benefits as Borrower. Funds will be credited to your Deposit Account Number ending in: 1624 BORROWER: By: Name: Myra Lau Title: Authorized Signer Date: 4/21/2020 8 EX-10.1 2 ex_182753.htm EXHIBIT 10.1 ex_182753.htm Exhibit 10.1 Silicon Valley Bank U.S. Small Business Administration Paycheck Protection Program Note SBA Loan No. 5036207109 SBA Loan Name Borrower Legal Name CUTERA INC DBA Date 4/21/2020 Loan Amount $ 7135348 Interest Rate 1.0% per annum Borrower CUTERA INC Operating Company Not applicable Lender Silicon Valley Bank 1. PROMISE TO PAY. In return for the Loan, Borrower and, if SBA pays Bank under such an agreement, SBA or Bank may then seek recovery from Borrower promises to pay to the order of Lender the amount of $ 7135348 Dollars, interest on the unpaid principal balance, and all other amounts paid required by SBA. I. Lender reserves the right to modify the Note Amount based on documentation received from Borrower. this Note. View More
