Common use of Compliance with Privacy Laws Clause in Contracts

Compliance with Privacy Laws. To the extent that any Loan Party or any Subsidiary has access to any individually identifiable information of any individual, the Loan Parties and their respective Subsidiaries are in material compliance with all applicable Privacy Laws, and maintain information security processes that (a) include safeguards for the security, privacy, confidentiality, and integrity of transactions and confidential or proprietary data or individually identifiable health information used, disclosed, or accessed by the Loan Parties and their respective Subsidiaries, and (b) are designed to protect against unauthorized access to the Systems and data of the Loan Parties and their respective Subsidiaries, and the Systems of any third person service providers that have access to the data or Systems of the Loan Parties and their respective Subsidiaries, in compliance with applicable Privacy Laws, and (c) have been in compliance with all applicable Privacy Laws in all material respects. Neither any Loan Party nor any Subsidiary has received written notice, nor to the knowledge of the Borrower, oral notice, of any claim that such Loan Party or Subsidiary or any of their respective contractors or employees, have suffered a breach of Personal Information as defined under applicable Law or is not in compliance with applicable Laws relating to the collection, use or disclosure of Personal Information, except to the extent any such breach or non-compliance: (i) did not require and is not likely to require such Loan Party or such Subsidiary to provide notification in accordance with applicable Law to affected customers, patients or other impacted individuals, or to any Governmental Authority, (ii) could not be reasonably likely, either individually or in the aggregate, to have a Material Adverse Effect, and (iii) has not resulted in or is not reasonably likely to result in any claim or notice from any Governmental Authority alleging a breach of Personal Information or non-compliance with Law or referencing the investigation of any such breach of Personal Information or non-compliance with Law.

Appears in 2 contracts

Sources: Credit Agreement (Esperion Therapeutics, Inc.), Credit Agreement (Esperion Therapeutics, Inc.)

Compliance with Privacy Laws. To the extent that any Loan Credit Party or any Subsidiary has access to any individually identifiable information of any individual, and except as could not, individually or in the Loan aggregate, reasonably be expected to result in losses or liability in excess of $[***], the Credit Parties and their respective Subsidiaries are in material compliance with all applicable Privacy Laws, and maintain information security processes that (a) include safeguards for the security, privacy, confidentiality, and integrity of transactions and confidential or proprietary data or individually identifiable health information used, disclosed, or accessed by the Loan Credit Parties and their respective Subsidiaries, and (b) are designed to protect against unauthorized access to the Systems and data of the Loan Credit Parties and their respective Subsidiaries, and the Systems of any third person service providers that have access to the data or Systems of the Loan Credit Parties and their respective Subsidiaries, in compliance with applicable Privacy Laws, and (c) have been in compliance with all applicable Privacy Laws in all material respects. Neither any Loan Credit Party nor any Subsidiary has received written notice, nor to the knowledge of the Borrower, oral notice, notice of any claim that such Loan Credit Party or Subsidiary or any of their respective contractors or employees, have suffered a breach of Personal Information as defined under applicable Law or is not in compliance with applicable Laws relating to the collection, use or disclosure of Personal Information, except to the extent any such breach or non-compliance: (i) did not require and is not likely to require such Loan Credit Party or such Subsidiary to provide notification in accordance with applicable Law to affected customers, patients or other impacted individuals, or to any Governmental Authority, (ii) could not be reasonably likely, either individually or in the aggregate, to have a Material Adverse Effect, and (iii) has not resulted in or is not reasonably likely to result in any claim or notice from any Governmental Authority alleging a breach of Personal Information or non-compliance with Law or referencing the investigation of any such breach of Personal Information or non-compliance with Law.

Appears in 1 contract

Sources: Note Purchase Agreement (Revance Therapeutics, Inc.)

Compliance with Privacy Laws. To the extent that any Loan Credit Party or any Subsidiary has access to any individually identifiable information of any individual, and except as could not, individually or in the Loan aggregate, reasonably be expected to result in losses or liability in excess of the Threshold Amount, the Credit Parties and their respective Subsidiaries are in material compliance with all applicable Privacy Laws, and maintain information security processes that (a) include safeguards for the security, privacy, confidentiality, and integrity of transactions and confidential or proprietary data or individually identifiable health information used, disclosed, or accessed by the Loan Credit Parties and their respective Subsidiaries, and (b) are designed to protect against unauthorized access to the Systems and data of the Loan Credit Parties and their respective Subsidiaries, and the Systems of any third person service providers that have access to the data or Systems of the Loan Credit Parties and their respective Subsidiaries, in compliance with applicable Privacy Laws, and (c) have been in compliance with all applicable Privacy Laws in all material respects. Neither any Loan Credit Party nor any Subsidiary has received written notice, nor to the knowledge of the Borrower, oral notice, notice of any claim that such Loan Credit Party or Subsidiary or any of their respective contractors or employees, have suffered a breach of Personal Information as defined under applicable Law or is not in compliance with applicable Laws relating to the collection, use or disclosure of Personal Information, except to the extent any such breach or non-non- compliance: (i) did not require and or is not likely to require such Loan Credit Party or such Subsidiary to provide notification in accordance with applicable Law to affected customers, patients or other impacted individuals, or to any Governmental Authority, (ii) could not be reasonably likely, either individually or in the aggregate, to have a Material Adverse Effect, and (iii) has not resulted in or is not reasonably likely to result in any claim or notice from any Governmental Authority alleging a breach of Personal Information or non-compliance with Law or referencing the investigation of any such breach of Personal Information or non-compliance with Law.

Appears in 1 contract

Sources: Note Purchase Agreement (RVL Pharmaceuticals PLC)

Compliance with Privacy Laws. To Except as could not reasonably be expected, either individually or in the aggregate, to result in a Material Adverse Effect or a material adverse effect on Product Development and Commercialization Activities concerning any Material Product, to the extent that any Loan Credit Party or any Subsidiary has access to any individually identifiable information of any individualPersonal Information, the Loan Credit Parties and their respective Subsidiaries are in material compliance with all applicable Privacy Laws, and maintain information security processes that (a) include safeguards for are designed to safeguard the security, privacy, confidentiality, and integrity of transactions and confidential or proprietary data or individually identifiable health information Personal Information used, disclosed, or accessed by the Loan Credit Parties and their respective Subsidiaries, and (b) are designed to protect against unauthorized access to the Systems and data of the Loan Parties and their respective Subsidiaries, and the Systems of any third person service providers that have access to the data or Systems of the Loan Credit Parties and their respective Subsidiaries, in compliance with applicable Privacy Laws, and (c) have been in compliance with all applicable Privacy Laws in all material respects. Neither any Loan Credit Party nor any Subsidiary has received written notice, nor to the knowledge of the Borrower, oral notice, notice of any claim that such Loan Credit Party or Subsidiary or any of their respective contractors or employees, have suffered a breach of Personal Information as defined under applicable Privacy Law or is not in compliance with applicable Laws relating to the collection, use or disclosure of Personal InformationPrivacy Laws, except to the extent any such breach or non-compliance: (i) did not require and is not likely to require such Loan Credit Party or such Subsidiary to provide notification in accordance with applicable Privacy Law to affected customers, patients or other impacted individuals, or to any Governmental Authority, (ii) could not be reasonably likely, either individually or in the aggregate, to have a Material Adverse Effect, and (iii) has not resulted in or is not reasonably likely to result in any claim or notice from any Governmental Authority alleging a breach of Personal Information or non-compliance with Law or referencing the investigation of any such breach of Personal Information or non-compliance with Privacy Law.

Appears in 1 contract

Sources: Note Purchase Agreement (Puma Biotechnology, Inc.)

Compliance with Privacy Laws. To the extent that any Loan Credit Party or any Subsidiary has access to any individually identifiable information of any individual, and except as could not, individually or in the Loan aggregate, reasonably be expected to result in losses or liability in excess of the Threshold Amount, the Credit Parties and their respective Subsidiaries are in material compliance with all applicable Privacy Laws, and maintain information security processes that (a) include safeguards for the security, privacy, confidentiality, and integrity of transactions and confidential or proprietary data or individually identifiable health information used, disclosed, or accessed by the Loan Credit Parties and their respective Subsidiaries, and (b) are designed to protect against unauthorized access to the Systems and data of the Loan Credit Parties and their respective Subsidiaries, and the Systems of any third person service providers that have access to the data or Systems of the Loan Credit Parties and their respective Subsidiaries, in compliance with applicable Privacy Laws, and (c) have been in compliance with all applicable Privacy Laws in all material respects. Neither any Loan Credit Party nor any Subsidiary has received written notice, nor to the knowledge of the Borrower, oral notice, notice of any claim that such Loan Credit Party or Subsidiary or any of their respective contractors or employees, have suffered a breach of Personal Information as defined under applicable Law or is not in compliance with applicable Laws relating to the collection, use or disclosure of Personal Information, except to the extent any such breach or non-compliance: (i) did not require and or is not likely to require such Loan Credit Party or such Subsidiary to provide notification in accordance with applicable Law to affected customers, patients or other impacted individuals, or to any Governmental Authority, (ii) could not be reasonably likely, either individually or in the aggregate, to have a Material Adverse Effect, and (iii) has not resulted in or is not reasonably likely to result in any claim or notice from any Governmental Authority alleging a breach of Personal Information or non-compliance with Law or referencing the investigation of any such breach of Personal Information or non-compliance with Law.

Appears in 1 contract

Sources: Note Purchase Agreement (Osmotica Pharmaceuticals PLC)

Compliance with Privacy Laws. To the extent that any Loan Credit Party or any Subsidiary has access to any individually identifiable information of any individual, and except as could not, individually or in the Loan aggregate, reasonably be expected to result in losses or liability in excess of $[***], the Credit Parties and their respective Subsidiaries are in material compliance with all applicable Privacy Laws, and maintain information security processes that (a) include safeguards for the security, privacy, confidentiality, and integrity of transactions and confidential or proprietary data or individually identifiable health information used, disclosed, or accessed by the Loan Credit Parties and their respective Subsidiaries, and (b) are designed to protect against unauthorized access to the Systems and data of the Loan Credit Parties and their respective Subsidiaries, and the Systems of any third person service providers that have access to the data or Systems of the Loan Credit Parties and their respective Subsidiaries, in compliance with applicable Privacy Laws, and (c) have been in compliance with all applicable Privacy Laws in all material respects. Neither any Loan Credit Party nor any Subsidiary has received written notice, nor to the knowledge of the Borrower, oral notice, notice of any claim that such Loan Credit Party or Subsidiary or any of their respective contractors or employees, have suffered a breach of Personal Information as defined under applicable Law or is not in compliance with applicable Laws relating to the collection, use or disclosure of Personal Information, except to the extent any such breach or non-compliance: (i) except as set forth on Schedule 6.29 to the Disclosure Letter, did not require and is not likely to require such Loan Credit Party or such Subsidiary to provide notification in accordance with applicable Law to affected customers, patients or other impacted individuals, or to any Governmental Authority, (ii) could not be reasonably likely, either individually or in the aggregate, to have a Material Adverse Effect, and (iii) has not resulted in or is not reasonably likely to result in any claim or notice from any Governmental Authority alleging a breach of Personal Information or non-compliance with Law or referencing the investigation of any such breach of Personal Information or non-compliance with Law.

Appears in 1 contract

Sources: Note Purchase Agreement (Revance Therapeutics, Inc.)

Compliance with Privacy Laws. To the extent that any Loan Party or any Subsidiary has access to any individually identifiable information of any individual, and except as could not, individually or in the aggregate, reasonably be expected to result in losses or liability in excess of the Threshold Amount, the Loan Parties and their respective Subsidiaries are in material compliance with all applicable Privacy Laws, and maintain information security processes that (a) include safeguards for the security, privacy, confidentiality, and integrity of transactions and confidential or proprietary data or individually identifiable health information used, disclosed, or accessed by the Loan Parties and their respective Subsidiaries, and (b) are designed to protect against unauthorized access to the Systems and data of the Loan Parties and their respective Subsidiaries, and the Systems of any third person service providers that have access to the data or Systems of the Loan Parties and their respective Subsidiaries, in compliance with applicable Privacy Laws, and (c) have been in compliance with all applicable Privacy Laws in all material respects. Neither any Loan Party nor any Subsidiary has received written notice, nor to the knowledge of the Borrower, oral notice, notice of any claim that such Loan Party or Subsidiary or any of their respective contractors or employees, have suffered a breach of Personal Information as defined under applicable Law or is not in compliance with applicable Laws relating to the collection, use or disclosure of Personal Information, except to the extent any such breach or non-compliance: (i) did not require and or is not likely to require such Loan Party or such Subsidiary to provide notification in accordance with applicable Law to affected customers, patients or other impacted individuals, or to any Governmental Authority, (ii) could not be reasonably likely, either individually or in the aggregate, to have a Material Adverse Effect, and (iii) has not resulted in or is not reasonably likely to result in any claim or notice from any Governmental Authority alleging a breach of Personal Information or non-compliance with Law or referencing the investigation of any such breach of Personal Information or non-compliance with Law.

Appears in 1 contract

Sources: Term Loan Credit Agreement (RVL Pharmaceuticals PLC)