Common use of Exercise of Rights Not Required Clause in Contracts

Exercise of Rights Not Required. Nothing contained in Section 4.03(a) shall require the Administrative Agent, any Lender or any of their Affiliates to exercise any such right or shall affect the right of such Persons to exercise, and retain the benefits of exercising, any such right with respect to any other indebtedness or obligation of any Obligor.

Appears in 35 contracts

Samples: Credit Agreement (Marinus Pharmaceuticals, Inc.), Credit Agreement and Guaranty (BioXcel Therapeutics, Inc.), Credit Agreement (Fractyl Health, Inc.)

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Exercise of Rights Not Required. Nothing contained in Section 4.03(a) herein shall require the Administrative Agent, any Lender or any of their respective Affiliates to exercise any such right or shall affect the right of such Persons Person to exercise, and retain the benefits of exercising, any such right with respect to any other indebtedness or obligation of any Obligor.

Appears in 22 contracts

Samples: Term Loan Agreement (Sanara MedTech Inc.), Term Loan Agreement (P3 Health Partners Inc.), Term Loan Agreement (NeuroPace Inc)

Exercise of Rights Not Required. Nothing contained in Section 4.03(a) herein shall require the Administrative Agent, any Lender the Lenders or any of their respective Affiliates to exercise any such right or shall affect the right of such Persons to exercise, and retain the benefits of exercising, any such right with respect to any other indebtedness or obligation of any Obligor.

Appears in 8 contracts

Samples: Credit Agreement and Guaranty (Biodesix Inc), Credit Agreement (Biodesix Inc), Credit Agreement and Guaranty (IsoPlexis Corp)

Exercise of Rights Not Required. Nothing contained in Section 4.03(a) shall require the Administrative Agent, any Lender or any of their Affiliates to exercise any such right or shall affect the right of such Persons to exercise, and retain the benefits of exercising, any such right with respect to any other indebtedness or obligation of any Obligor.

Appears in 6 contracts

Samples: Credit Agreement and Guaranty (Allurion Technologies, Inc.), Credit Agreement and Guaranty (Allurion Technologies Holdings, Inc.), Credit Agreement and Guaranty (Xeris Biopharma Holdings, Inc.)

Exercise of Rights Not Required. Nothing contained in Section 4.03(a) herein shall require the Administrative Agent, any Lender the Lenders or any of their respective Affiliates to exercise any such right or shall affect the right of such Persons to exercise, and retain the benefits of exercising, any such right with respect to any other indebtedness Indebtedness or obligation of any Obligor.

Appears in 5 contracts

Samples: Credit Agreement (SOPHiA GENETICS SA), Credit Agreement (GeneDx Holdings Corp.), Credit Agreement (Trinity Biotech PLC)

Exercise of Rights Not Required. Nothing contained in Section 4.03(a) shall require the Administrative Agent, Agent or any Lender or any of their Affiliates to exercise any such right or shall affect the right of such Persons to exercise, and retain the benefits of exercising, any such right with respect to any other indebtedness or obligation of any Obligor.

Appears in 3 contracts

Samples: Credit Agreement and Guaranty (Zymergen Inc.), Credit Agreement and Guaranty (Zymergen Inc.), Credit Agreement and Guaranty (Adma Biologics, Inc.)

Exercise of Rights Not Required. Nothing contained in Section 4.03(a) herein shall require the Administrative Agent, any Lender or any of their such Affiliates referred to in Section 4.04(a) to exercise any such right or shall affect the right of such Persons Person to exercise, and retain the benefits of exercising, any such right with respect to any other indebtedness or obligation of any Obligor.

Appears in 2 contracts

Samples: Term Loan Agreement (T2 Biosystems, Inc.), Term Loan Agreement (T2 Biosystems, Inc.)

Exercise of Rights Not Required. Nothing contained in Section 4.03(a) shall require the Administrative Agent, any Lender or and any of their its Affiliates to exercise any such right or shall affect the right of such Persons to exercise, and retain the benefits of exercising, any such right with respect to any other indebtedness or obligation of any Obligor.. SECTION 5

Appears in 2 contracts

Samples: Credit Agreement and Guaranty (Sonendo, Inc.), Credit Agreement and Guaranty (Sonendo, Inc.)

Exercise of Rights Not Required. Nothing contained in Section 4.03(a) herein shall require the Administrative Agent, any Lender the Lenders or any of their respective Affiliates to exercise any such right or shall affect the right of such Persons to exercise, and retain the benefits of exercising, any such right with respect to any other indebtedness or obligation of any Obligor. ARTICLE 5 YIELD PROTECTION Section 5.01.

Appears in 2 contracts

Samples: Credit Agreement and Guaranty (IsoPlexis Corp), Credit Agreement and Guaranty (IsoPlexis Corp)

Exercise of Rights Not Required. Nothing contained in Section 4.03(a2.9(a) shall require the Administrative Agent, any Lender or any of their Affiliates to exercise any such right or shall affect the right of such Persons to exercise, and retain the benefits of exercising, any such right with respect to any other indebtedness or obligation of any ObligorLoan Party.

Appears in 2 contracts

Samples: Multi (Sientra, Inc.), Multi (Sientra, Inc.)

Exercise of Rights Not Required. Nothing contained in Section 4.03(a) shall require the Administrative Agent, any Lender or any of their Affiliates to exercise any such right or shall affect the right of such Persons to exercise, and retain the benefits of exercising, any such right with respect to any other indebtedness or obligation of any Obligor.. SECTION 5

Appears in 1 contract

Samples: Credit Agreement and Guaranty (Vapotherm Inc)

Exercise of Rights Not Required. Nothing contained in Section 4.03(a) herein shall require the Administrative Agent, any Lender the Lenders or any of their respective Affiliates to exercise any such right or shall affect the right of such Persons to exercise, and retain the benefits of exercising, any such right with respect to any other indebtedness or obligation of any Obligor.. ‑43‑

Appears in 1 contract

Samples: Credit Agreement and Guaranty (Biodesix Inc)

Exercise of Rights Not Required. Nothing contained in Section 4.03(a‎4.03(a) shall require the Administrative Agent, any Lender or any of their Affiliates to exercise any such right or shall affect the right of such Persons to exercise, and retain the benefits of exercising, any such right with respect to any other indebtedness or obligation of any Obligor.

Appears in 1 contract

Samples: Credit Agreement and Guaranty (Athenex, Inc.)

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Exercise of Rights Not Required. Nothing contained in Section 4.03(a) shall require the Administrative Agent, any Lender Agent or any of their Affiliates Noteholder to exercise any such right or shall affect the ​ ​ right of such Persons to exercise, and retain the benefits of exercising, any such right with respect to any other indebtedness or obligation of any Obligor.

Appears in 1 contract

Samples: Notes Purchase Agreement and Guaranty (MeiraGTx Holdings PLC)

Exercise of Rights Not Required. Nothing contained in Section 4.03(a) shall require the Administrative Agent, Agent or any Lender or any of their Affiliates to exercise any such right or shall affect the right of such Persons to exercise, and retain the benefits of exercising, any such right with respect to any other indebtedness or obligation of any Obligor.

Appears in 1 contract

Samples: Credit Agreement and Guaranty (Nevro Corp)

Exercise of Rights Not Required. Nothing contained in Section 4.03(a) herein shall require the Administrative Agent, any Lender or and any of their Affiliates to exercise any such right or shall affect the right of such Persons to exercise, and retain the benefits of exercising, any such right with respect to any other indebtedness or obligation of any Obligor.

Appears in 1 contract

Samples: Term Loan Agreement (Axogen, Inc.)

Exercise of Rights Not Required. Nothing contained in Section 4.03(a4.04(a) shall require the Administrative Agent, any Lender or and any of their Affiliates to exercise any such right or shall affect the right of such Persons to exercise, and retain the benefits of exercising, any such right with respect to any other indebtedness or obligation of any Obligor.

Appears in 1 contract

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

Exercise of Rights Not Required. Nothing contained in Section 4.03(a) 2.14 shall require the Administrative Agent, Agent or any Lender or any of their Affiliates to exercise any such right or shall affect the right of such Persons to exercise, and retain the benefits of exercising, any such right with respect to any other indebtedness or obligation of any ObligorLoan Party.

Appears in 1 contract

Samples: Credit Agreement and Guaranty (NanoString Technologies Inc)

Exercise of Rights Not Required. Nothing contained in Section 4.03(a) shall require the Administrative Agent, any Lender or any of their Affiliates to exercise any such right or shall affect the right of such Persons to exercise, and retain the benefits of exercising, any such right with respect to any other indebtedness or obligation of any Obligor.. (c)

Appears in 1 contract

Samples: Credit Agreement and Guaranty (Verona Pharma PLC)

Exercise of Rights Not Required. Nothing contained in Section 4.03(a) herein shall require the Administrative Agent, any Lender or and any of their Affiliates to exercise any such right or shall affect the right of such Persons to exercise, and retain the benefits of exercising, any such right with respect to any other indebtedness or obligation of any Obligor.. 136158242.1 136158242.6 39

Appears in 1 contract

Samples: Term Loan Agreement (Axogen, Inc.)

Exercise of Rights Not Required. Nothing contained in Section 4.03(a) shall require the Administrative Agent, any Lender or and any of their its Affiliates to exercise any such right or shall affect the right of such Persons to exercise, and retain the benefits of exercising, any such right with respect to any other indebtedness or obligation of any Obligor.

Appears in 1 contract

Samples: Credit Agreement (Sonendo, Inc.)

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