Non-Utilization Fee. If the Second Draw Period commences and Borrower fails to draw the full amount of the Term B Loans in accordance with the terms hereof, a fully earned and non-refundable non-utilization fee in the amount of One Hundred Thousand Dollars ($100,000.00) which shall become due and payable upon the earliest of: (i) the Maturity Date, (ii) the acceleration of any Term Loan, (iii) the prepayment of a Term Loan pursuant to Section 2.2(c) or (d), or (iv) the date that Second Draw Period ends. 4. Section 13.1 of the Loan Agreement is hereby amended by amending and restating the following definitions therein as set forth below:
Appears in 4 contracts
Sources: Loan and Security Agreement (Poseida Therapeutics, Inc.), Loan and Security Agreement (Poseida Therapeutics, Inc.), Loan and Security Agreement (Poseida Therapeutics, Inc.)