Common use of Advances; Payments Clause in Contracts

Advances; Payments. If Agent receives any payment for the account of Lenders on or prior to 11:00 a.m. (New York time) on any Business Day, Agent shall pay to each applicable Lender such Lender’s Pro Rata Share of such payment on such Business Day. If Agent receives any payment for the account of Lenders after 11:00 a.m. (New York time) on any Business Day, Agent shall pay to each applicable Lender such Lender’s Pro Rata Share of such payment on the next Business Day. To the extent that any Lender has failed to fund any Credit Extension (a “Non-Funding Lender”), Agent shall be entitled to set-off the funding short-fall against that Non-Funding Lender’s Pro Rata Share of all payments received from Borrower.

Appears in 13 contracts

Samples: Credit and Security Agreement (Ocular Therapeutix, Inc), Credit and Security Agreement (Sarepta Therapeutics, Inc.), Credit and Security Agreement (Cytomedix Inc)

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Advances; Payments. If Agent receives any payment for the account of Lenders on or prior to 11:00 a.m. (New York time) on any Business Day, Agent shall pay to each applicable Lender such Lender’s Pro Rata Share of such payment on such Business Day. If Agent receives any payment for the account of Lenders after 11:00 a.m. (New York time) on any Business Day, Agent shall pay to each applicable Lender such Lender’s Pro Rata Share of such payment on the next Business Day. To the extent that any Lender has failed to fund any Credit Extension such payments and Term Loans (a “Non-Funding Lender”), Agent shall be entitled to set-set off the funding short-fall against that Non-Funding Lender’s Pro Rata Share of all payments received from Borrower.

Appears in 10 contracts

Samples: Loan and Security Agreement (Pacira Pharmaceuticals, Inc.), Loan and Security Agreement (Syndax Pharmaceuticals Inc), Loan and Security Agreement (Achillion Pharmaceuticals Inc)

Advances; Payments. If Agent receives any payment for the account of the Lenders on or prior to 11:00 a.m. (New York time) on any Business Day, Agent shall pay to each applicable Lender such Lender’s Pro Rata Share of such payment on such Business Day. If Agent receives any payment for the account of the Lenders after 11:00 a.m. (New York time) on any Business Day, Agent shall pay to each applicable Lender such Lender’s Pro Rata Share of such payment on the next Business Day. To the extent that any Lender has failed to fund any Credit Extension (a “Non-Funding Lender”), Agent shall be entitled to set-off the funding short-fall against that Non-Funding Lender’s Pro Rata Share of all payments received from Borrower.

Appears in 9 contracts

Samples: Credit and Security Agreement (Mannkind Corp), Credit, Guaranty and Security Agreement (Midatech Pharma PLC), Credit and Security Agreement (Rigel Pharmaceuticals Inc)

Advances; Payments. If Agent receives any payment for the account of Lenders on or prior to 11:00 a.m. (New York time) on any Business Day, Agent shall pay to each applicable Lender such Lender’s Pro Rata Share of such payment on such Business Day. If Agent receives any payment for the account of Lenders after 11:00 a.m. (New York time) on any Business Day, Agent shall pay to each applicable Lender such Lender’s Pro Rata Share of such payment on the next Business Day. To the extent that any Lender has failed to fund any Credit Extension such payments and Term Loan (a “Non-Funding Lender”), Agent shall be entitled to set-set off the funding short-fall against that Non-Funding Lender’s Pro Rata Share of all payments received from Borrower.

Appears in 3 contracts

Samples: Loan and Security Agreement (Cytori Therapeutics, Inc.), Loan and Security Agreement (Synta Pharmaceuticals Corp), Loan and Security Agreement (Infraredx Inc)

Advances; Payments. If Agent receives any payment for the account of Lenders on or prior to 11:00 a.m. 2:00 p.m. (New York time) on any Business Day, Agent shall pay to each applicable Lender such Lender’s Pro Rata Share of such payment on such Business Day. If Agent receives any payment for the account of Lenders after 11:00 a.m. 2:00 p.m. (New York time) on any Business Day, Agent shall pay to each applicable Lender such Lender’s Pro Rata Share of such payment on the next Business Day. To the extent that any Lender has failed to fund any Credit Extension such payments and Term Loans (a “Non-Funding Lender”), Agent shall be entitled to set-set off the funding short-fall against that Non-Funding Lender’s Pro Rata Share of all payments received from BorrowerBorrowers.

Appears in 2 contracts

Samples: Loan and Security Agreement (MDRNA, Inc.), License Agreement (MDRNA, Inc.)

Advances; Payments. If Agent receives any payment for the account of Lenders on or prior to 11:00 a.m. 1:00 p.m. (New York time) on any Business Day, Agent shall pay to each applicable Lender such Lender’s Pro Rata Share of such payment on such Business Day. If Agent receives any payment for the account of Lenders after 11:00 a.m. 1:00 p.m. (New York time) on any Business Day, Agent shall pay to each applicable Lender such Lender’s Pro Rata Share of such payment on the next Business Day. To the extent that any Lender has failed to fund any Credit Extension such payments and Term Loans (a “Non-Funding Lender”), Agent shall be entitled to set-set off the funding short-fall against that Non-Funding Lender’s Pro Rata Share of all payments received from Borrower.

Appears in 2 contracts

Samples: Loan Agreement (XOMA Corp), Loan and Security Agreement (Oncothyreon Inc.)

Advances; Payments. If Agent receives any payment for the account of Lenders on or prior to 11:00 a.m. (New York time) on any Business Day, Agent shall pay to each applicable Lender such Lender’s Pro Rata Share of such payment on such Business Day. If Agent receives any payment for the account of Lenders after 11:00 a.m. (New York time) on any Business Day, Agent shall pay to each applicable Lender such Lender’s Pro Rata Share of such payment on the next Business Day. To the extent that any Lender has failed to fund any Credit Extension such payments and Term Loans (a “Non-Funding Lender), Agent shall be entitled to set-set off the funding short-fall against that Non-Funding Lender’s Pro Rata Share of all payments received from Borrower.

Appears in 1 contract

Samples: Loan Agreement (Peplin Inc)

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Advances; Payments. If Agent receives any payment for the account of Lenders on or prior to 11:00 a.m. (New York time) on any Business Day, Agent shall pay to each applicable Lender such Lender’s Pro Rata Share of such payment on such Business Day. If Agent receives any payment for the account of Lenders after 11:00 a.m. (New York time) on any Business Day, Agent shall pay to each applicable Lender such Lender’s Pro Rata Share of such payment on the next Business Day. To the extent that Midcap / Quotient / Amended and Restated Credit Agreement 34 any Lender has failed to fund any Credit Extension (a “Non-Funding Lender”), Agent shall be entitled to set-off the funding short-fall against that Non-Funding Lender’s Pro Rata Share of all payments received from Borrower.

Appears in 1 contract

Samples: Credit, Guaranty and Security Agreement (Quotient LTD)

Advances; Payments. If Agent receives any payment for the account of Lenders on or prior to 11:00 a.m. (New York time) on any Business Day, Agent shall pay to each applicable Lender such Lender’s Pro Rata Share of such payment on such Business Day. If Agent receives any payment for the account of Lenders after 11:00 a.m. (New York time) on any Business Day, Agent shall pay to each applicable Lender such Lender’s Pro Rata Share of such payment on the next Business Day. To the extent that any Lender has failed to fund any Credit Extension (a “Non-Funding Lender”), Agent shall be entitled to set-off the funding short-fall against that Non-Funding Lender’s Pro Rata Share of all payments received from Borrower.. MidCap / Ocular / 4th A&R Credit Agreement

Appears in 1 contract

Samples: Credit and Security Agreement (Ocular Therapeutix, Inc)

Advances; Payments. If Agent receives any payment for the account of Lenders on or prior to 11:00 a.m. (New York time) on any Business Day, Agent shall pay to each applicable Lender such Lender’s 's Pro Rata Share of such payment on such Business Day. If Agent receives any payment for the account of Lenders after 11:00 a.m. (New York time) on any Business Day, Agent shall pay to each applicable Lender such Lender’s 's Pro Rata Share of such payment on the next Business Day. To the extent that any Lender has failed to fund any Credit Extension (a "Non-Funding Lender"), Agent shall be entitled to set-off the funding short-fall against that Non-Funding Lender’s 's Pro Rata Share of all payments received from Borrower.

Appears in 1 contract

Samples: Credit and Security Agreement (STRATA Skin Sciences, Inc.)

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