Common use of Commitment Termination Clause in Contracts

Commitment Termination. Each Applicable Commitment shall terminate automatically without further action upon the earlier of (a) the making by the Lenders of the Loans to which such Applicable Commitment relates on the Applicable Funding Date and (b) the last day of the Applicable Availability Period. The Borrower shall have the right at any time or from time to time to terminate in full (but not in part) all of the then outstanding Applicable Commitments with respect to the Tranche A-2 Term Loans, Tranche B Term Loans, Tranche C Term Loans and/or the Tranche D Term Loans; provided that the Borrower shall give the Lender and the Administrative Agent at least three (3) Business Days’ notice of each such termination. Any notice of termination delivered pursuant to this Section 3.04 may state that such notice is conditional upon the effectiveness of other credit facilities or the receipt of the proceeds from the issuance of other Indebtedness or the occurrence of some other identifiable event or condition, in which case such notice of termination may be revoked by the Borrower (by notice to the Administrative Agent on or prior to the specified date of termination) if such condition is not satisfied. The termination of any Applicable Commitment shall be permanent.

Appears in 1 contract

Samples: Credit Agreement and Guaranty (Seres Therapeutics, Inc.)

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Commitment Termination. Each Applicable Commitment shall terminate automatically without further action upon the earlier of (a) the making by the Lenders of the Loans to which such Applicable Commitment relates on the Applicable Funding Date and (b) the last day of the Applicable Availability Period. The Borrower shall have the right at any time or from time to time to terminate in full (but not in part) all of the then outstanding Applicable Commitments with respect to the Tranche A-2 Term Loans, Tranche B Term Loans, the Tranche C Term Loans and/or and the Tranche D Term Loans; provided that the Borrower shall give the Lender and the Administrative Agent at least three (3) Business Days’ written notice of each such termination. Any notice of termination delivered pursuant to this Section 3.04 may state that such notice is conditional upon the effectiveness of other credit facilities or the receipt of the proceeds from the issuance of other Indebtedness or the occurrence of some other identifiable event or condition, in which case such notice of termination may be revoked by the Borrower (by written notice to the Administrative Agent on or prior to the specified date of termination) if such condition is not satisfied. The termination of any Applicable Commitment shall be permanent.

Appears in 1 contract

Samples: Credit Agreement and Guaranty (Establishment Labs Holdings Inc.)

Commitment Termination. Each Applicable Commitment shall terminate automatically without further action upon the earlier of (a) the making by the Lenders of the Loans to which such Applicable Commitment relates on the Applicable Funding Date and (b) the last day of the Applicable Availability Period. The Borrower shall have the right at any time or from time to time to terminate in full (but not in part) all of the then outstanding Applicable Commitments with respect to the all Tranches (other than Tranche A-2 A Term Loans, Tranche B Term Loans, Tranche C Term Loans and/or the Tranche D Term Loans); provided that the Borrower shall give the Lender and the Administrative Agent at least three (3) Business Days’ notice of each such termination. Any notice of termination delivered pursuant to this Section 3.04 may state that such notice is conditional upon the effectiveness of other credit facilities or the receipt of the proceeds from the issuance of other Indebtedness or the occurrence of some other identifiable event or condition, in which case such notice of termination may be revoked by the Borrower (by notice to the Administrative Agent on or prior to the specified date of termination) if such condition is not satisfied. The termination of any Applicable Commitment shall be permanent.

Appears in 1 contract

Samples: Credit Agreement (Fractyl Health, Inc.)

Commitment Termination. Each Applicable Commitment shall terminate automatically without further action upon the earlier of (ai) the making by the Lenders of the Loans to which such Applicable Commitment relates on the Applicable Funding Date and Date, (bii) with respect to the Incremental Tranche A Commitment, the last day of the Applicable Incremental Tranche A Availability Period and (iii) with respect to the Tranche B Commitment, the last day of the Tranche B Availability Period. The Borrower shall have the right at any time or from time to time to terminate in full (but not in part) all of the then outstanding Applicable Commitments with respect to the Incremental Tranche A-2 A Term Loans, Loans or the Tranche B Term Loans, Tranche C Term Loans and/or the Tranche D Term Loans; provided that the Borrower shall give the Lender and the Administrative Agent at least three (3) Business Days’ prior written notice of each such termination. Any notice of termination delivered pursuant to this Section 3.04 may state that such notice is conditional upon the effectiveness of other credit facilities or the receipt of the proceeds from the issuance of other Indebtedness or the occurrence of some other identifiable event or condition, in which case such notice of termination may be revoked by the Borrower (by written notice to the Administrative Agent on or prior to the specified date of termination) if such condition is not satisfied. The termination of any Applicable the Incremental Tranche A Commitment or the Tranche B Commitment pursuant to this Section 3.04 shall be permanent.

Appears in 1 contract

Samples: Credit Agreement and Guaranty (Harrow Health, Inc.)

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Commitment Termination. Each Applicable Commitment shall terminate automatically without further action upon the earlier of (a) the making by the Lenders of the Loans to which such Applicable Commitment relates on the Applicable Funding Date and (b) the last day of the Applicable Availability Period. The Borrower shall have the right at any time or from time to time to terminate in full (but not in part) all of the then outstanding Applicable Commitments with respect to the Tranche A-2 Term Loans, Tranche B Term Loans, Tranche C Term Loans and/or the Tranche D C Term Loans; provided that the Borrower shall give the Lender and the Administrative Agent at least three (3) Business Days’ notice of each such termination. Any notice of termination delivered pursuant to this Section 3.04 may state that such notice is conditional upon the effectiveness of other credit facilities or the receipt of the proceeds from the issuance of other Indebtedness or the occurrence of some other identifiable event or condition, in which case such notice of termination may be revoked by the Borrower (by notice to the Administrative Agent on or prior to the specified date of termination) if such condition is not satisfied. The termination of any Applicable Commitment shall be permanent.

Appears in 1 contract

Samples: Credit Agreement and Guaranty (scPharmaceuticals Inc.)

Commitment Termination. Each Applicable Commitment shall terminate automatically without further action upon the earlier of (ai) the making by the Lenders of the Loans to which such Applicable Commitment relates on the Applicable Funding Date and (bii) with respect to the Tranche B Commitment, the last day of the Applicable Tranche B Availability Period. The Borrower shall have the right at any time or from time to time to terminate in full (but not in part) all of the then outstanding Applicable Commitments with respect to the Tranche A-2 Term Loans, Tranche B Term Loans, Tranche C Term Loans and/or the Tranche D Term Loans; provided that the Borrower shall give the Lender and the Administrative Agent at least three (3) Business Days’ prior written notice of each such termination. Any notice of termination delivered pursuant to this Section 3.04 may state that such notice is conditional upon the effectiveness of other credit facilities or the receipt of the proceeds from the issuance of other Indebtedness or the occurrence of some other identifiable event or condition, in which case such notice of termination may be revoked by the Borrower (by written notice to the Administrative Agent on or prior to the specified date of termination) if such condition is not satisfied. The termination of any Applicable the Tranche B Commitment pursuant to this Section 3.04 shall be permanent.

Appears in 1 contract

Samples: Credit Agreement and Guaranty (Harrow Health, Inc.)

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