Common use of Excess Advances Clause in Contracts

Excess Advances. Any Advances made at any time during the term of the Loan by the Lender to the Borrower in excess of the face amount of the Note shall, while outstanding, be deemed part of the indebtedness of Borrower owed to the Lender under the Note and shall be equally subject to all of the terms and provisions of this Agreement and the Loan Documents. Any reference in any Loan Documents to the indebtedness or amounts owed under this Agreement and the Note is hereby deemed to include such excess Advances.

Appears in 4 contracts

Samples: Credit and Loan Agreement (Kos Pharmaceuticals Inc), Credit and Loan Agreement (Kos Pharmaceuticals Inc), Credit and Loan Agreement (Kos Pharmaceuticals Inc)

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