Recovery of Amounts Due. If any amount payable hereunder is not paid as and when due, the Borrower hereby authorizes the Lenders to proceed, to the fullest extent permitted by applicable law, without prior notice, by right of set-off, banker’s lien or counterclaim, against any moneys or other assets of the Borrower to the full extent of all amounts payable to the Lenders.
Appears in 13 contracts
Samples: Facility Agreement (Cytomedix Inc), Facility Agreement (Pacific Biosciences of California Inc), Facility Agreement (MAKO Surgical Corp.)
Recovery of Amounts Due. If any amount payable hereunder is not paid as and when due, the Borrower hereby authorizes the Lenders to proceed, to the fullest extent permitted by applicable law, without prior notice, by right of set-off, banker’s lien or counterclaim, against any moneys or other assets of the Borrower any Credit Party to the full extent of all amounts payable to the Lenders.
Appears in 6 contracts
Samples: Amended and Restated Facility Agreement (Pozen Inc /Nc), Facility Agreement (AAC Holdings, Inc.), Registration Rights Agreement (Tribute Pharmaceuticals Canada Inc.)
Recovery of Amounts Due. If any amount payable hereunder is not paid as and when due, the Borrower hereby authorizes the Lenders Lender to proceed, to the fullest extent permitted by applicable law, without prior notice, by right of set-off, banker’s lien or counterclaim, against any moneys or other assets of the Borrower to the full extent of all amounts payable to the LendersLender.
Appears in 5 contracts
Samples: Loan Agreement (Composite Technology Corp), Loan Agreement (Composite Technology Corp), Loan Agreement (Nephros Inc)
Recovery of Amounts Due. If any amount payable hereunder is not paid as and when due, the Borrower hereby authorizes the Lenders Lender to proceed, to the fullest extent permitted by applicable law, without prior notice, by right of set-off, banker’s lien or counterclaim, against any moneys or other assets of the Borrower to the full extent of all amounts payable to the Lenders.
Appears in 3 contracts
Samples: Facility Agreement (Exelixis Inc), Facility Agreement (Zymogenetics Inc), Facility Agreement (Ista Pharmaceuticals Inc)
Recovery of Amounts Due. If any amount payable hereunder is not paid ----------------------- as and when due, the Borrower hereby authorizes the Lenders to proceed, to Lender the fullest extent permitted by applicable law, without prior notice, by right of set-off, banker’s lien off or counterclaim, against any moneys or other assets of Borrower in any currency that may at any time be in the Borrower possession of Lender or any of its affiliates to the full extent of all amounts payable to the LendersLender hereunder.
Appears in 2 contracts
Samples: Loan Agreement (General Motors Corp), Loan Agreement (Panamsat Corp)
Recovery of Amounts Due. If any amount payable hereunder is not paid as and when due, the Borrower hereby authorizes the Lenders Investor to proceed, to the fullest extent permitted by applicable law, without prior notice, by right of set-off, banker’s lien or counterclaim, against any moneys or other assets of the Borrower to the full extent of all amounts payable to the LendersInvestors.
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Recovery of Amounts Due. If any amount payable hereunder is not paid as and when due, the Borrower hereby authorizes the Lenders Lender to proceed, to the fullest extent permitted by applicable law, without prior notice, by right of set-off, banker’s lien or counterclaim, against any moneys or other assets of the Borrower to the full extent of all amounts payable to the Lenders.. [***] Confidential Treatment of Redacted Portions Has Been Requested
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Recovery of Amounts Due. If any amount payable hereunder is not paid as and when due, the Borrower hereby authorizes the Lenders each Lender to proceed, to the fullest extent permitted by applicable law, without prior notice, by right of set-off, banker’s lien or counterclaim, against any moneys or other assets of the Borrower to the full extent of all amounts payable to the Lenders.
Appears in 1 contract
Samples: Facility Agreement (Insulet Corp)
Recovery of Amounts Due. If any amount payable hereunder is not paid as and when duedue (after the expiration of any applicable cure periods), the Borrower hereby authorizes the Lenders Purchasers to proceed, to the fullest extent permitted by applicable law, without prior notice, by right of set-off, banker’s lien or counterclaim, against any moneys or other assets of the Borrower to the full extent of all amounts payable to the LendersPurchasers.
Appears in 1 contract
Samples: Note Purchase Agreement (Aerie Pharmaceuticals Inc)
Recovery of Amounts Due. If any amount payable hereunder is not paid as and when due, the Borrower Borrowers hereby authorizes authorize the Lenders Lender to proceed, to the fullest extent permitted by applicable law, without prior notice, by right of set-off, banker’s lien or counterclaim, against any moneys or other assets of the Borrower Borrowers to the full extent of all amounts payable to the LendersLender.
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Recovery of Amounts Due. If any amount payable hereunder is not paid as and when due, the Borrower hereby authorizes the Lenders Purchasers to proceed, to the fullest extent permitted by applicable law, without prior notice, by right of set-off, banker’s lien or counterclaim, against any moneys or other assets of the Borrower to the full extent of all amounts payable to the LendersPurchasers.
Appears in 1 contract
Samples: Facility Agreement (Mannkind Corp)
Recovery of Amounts Due. If any amount payable hereunder is not paid as and when due, the Borrower hereby authorizes the Lenders to proceed, to the fullest extent permitted by applicable law, without prior notice, by right of set-off, banker’s lien or counterclaim, against any moneys or other assets of the Borrower to the full extent of all amounts payable to the LendersLender.
Appears in 1 contract
Samples: Facility Agreement (Third Wave Technologies Inc /Wi)
Recovery of Amounts Due. If any amount payable hereunder is not paid as and when due, the Borrower hereby authorizes the Lenders Purchaser to proceed, to the fullest extent permitted by applicable law, without prior notice, by right of set-off, banker’s lien or counterclaim, against any moneys or other assets of the Borrower to the full extent of all amounts payable to the LendersPurchasers.
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