Common use of Agent in Its Individual Capacity Clause in Contracts

Agent in Its Individual Capacity. The Person serving as the Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Agent and the term “Lender” shall, unless otherwise expressly indicated or unless the context otherwise requires, include each such Person serving as Agent hereunder in its individual capacity.

Appears in 101 contracts

Samples: Loan and Security Agreement (Replimune Group, Inc.), Loan and Security Agreement (Abeona Therapeutics Inc.), Loan and Security Agreement (enGene Holdings Inc.)

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Agent in Its Individual Capacity. The Person serving as the Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Agent and the term “Lender” shall, unless otherwise expressly indicated or unless the context otherwise requires, include each such Person serving as Agent hereunder in its individual capacity.

Appears in 35 contracts

Samples: Loan and Security Agreement (Eightco Holdings Inc.), Loan and Security Agreement (Sight Sciences, Inc.), Loan and Security Agreement (Eightco Holdings Inc.)

Agent in Its Individual Capacity. The Person serving as the Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Agent and the term “Lender” shall, unless otherwise expressly indicated or unless the context otherwise requires, include each such Person serving as Agent hereunder in its individual capacity.. (d)

Appears in 6 contracts

Samples: Loan and Security Agreement (Replimune Group, Inc.), Loan and Security Agreement (X4 Pharmaceuticals, Inc), Loan and Security Agreement (Tricida, Inc.)

Agent in Its Individual Capacity. The Person serving as the Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Agent and the term "Lender" shall, unless otherwise expressly indicated or unless the context otherwise requires, include each such Person serving as Agent hereunder in its individual capacity.

Appears in 3 contracts

Samples: Loan and Security Agreement (Communications Systems Inc), Loan and Security Agreement (Cerecor Inc.), Loan and Security Agreement (Cerecor Inc.)

Agent in Its Individual Capacity. The Person serving as the Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Agent and the term “Lender” shall, unless otherwise expressly indicated or unless the context otherwise requires, include each such Person serving as Agent hereunder in its individual capacity.

Appears in 2 contracts

Samples: Loan and Security Agreement (Genocea Biosciences, Inc.), Loan and Security Agreement (Genocea Biosciences, Inc.)

Agent in Its Individual Capacity. The Person serving as the Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Agent and the term “Lender” shall, unless otherwise expressly indicated or unless the context otherwise requires, include each such Person serving as Agent hereunder in its individual capacity.term

Appears in 1 contract

Samples: Pledge Agreement (Lincare Holdings Inc)

Agent in Its Individual Capacity. The Person serving as the Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Agent and the term "Lender" shall, unless otherwise expressly indicated or unless the context otherwise requires, include each such Person serving as Agent hereunder in its individual capacity.

Appears in 1 contract

Samples: Loan and Security Agreement (Cytrx Corp)

Agent in Its Individual Capacity. The Person serving as the Agent hereunder shall have the same rights and powers in its capacity as a Lender Lenders as any other Lender Lenders and may exercise the same as though it were not the Agent and the term “LenderLenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include each such Person serving as Agent hereunder in its individual capacity.

Appears in 1 contract

Samples: Working Capital Loan and Security Agreement (Communications Systems Inc)

Agent in Its Individual Capacity. The Person serving as the Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Agent and the term “Lender” shall, unless otherwise expressly indicated or unless the context otherwise requires, include each such Person serving as Agent hereunder in its individual capacity. Certain information marked as [***] has been excluded from this exhibit because it is both (i) not material and (ii) the type that the Registrant treats as private or confidential.

Appears in 1 contract

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

Agent in Its Individual Capacity. The Person serving as the Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Agent and the term “Lender” shall, unless otherwise expressly indicated or unless the context otherwise requires, include each such Person serving as Agent hereunder in its individual capacity.. (d)

Appears in 1 contract

Samples: Loan and Security Agreement

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Agent in Its Individual Capacity. The Person serving as the Agent hereunder shall have the same rights and powers in its capacity as a Lender Purchaser as any other Lender Purchaser and may exercise the same as though it were not the Agent and the term “LenderPurchaser” shall, unless otherwise expressly indicated or unless the context otherwise requires, include each such Person serving as Agent hereunder in its individual capacity.

Appears in 1 contract

Samples: Securities Purchase Agreement (Myovant Sciences Ltd.)

Agent in Its Individual Capacity. The Person serving as the Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Agent and the term “Lender” shall, unless otherwise expressly indicated or unless the context otherwise requires, include each such Person serving as Agent hereunder in its individual capacity.

Appears in 1 contract

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

Agent in Its Individual Capacity. The Person Each person serving as the an Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Agent an Agent, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include each such Person the person serving as an Agent hereunder in its individual capacity.individual

Appears in 1 contract

Samples: Credit Agreement (Amag Pharmaceuticals Inc.)

Agent in Its Individual Capacity. The Person serving as the Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Agent and the term “Lender” shall, unless otherwise expressly indicated or unless the context otherwise requires, include each such Person serving as the Agent hereunder in its individual capacity.

Appears in 1 contract

Samples: Loan and Security Agreement (Auris Medical Holding AG)

Agent in Its Individual Capacity. The Person serving as the Agent hereunder shall shall, if applicable, have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Agent and the term “Lender” shall, unless otherwise expressly indicated or unless the context otherwise requires, include each such Person serving as Agent hereunder in its individual capacity.

Appears in 1 contract

Samples: Loan and Security Agreement (BridgeBio Pharma, Inc.)

Agent in Its Individual Capacity. The Person serving as the Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Agent and the term “Lender” shall, unless otherwise expressly indicated or unless the context otherwise requires, include each such Person serving as Agent hereunder in its individual capacity. Confidential material omitted and filed separately with the Commission.

Appears in 1 contract

Samples: Loan and Security Agreement (Mesoblast LTD)

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