Common use of Reliance by Collateral Agent Clause in Contracts

Reliance by Collateral Agent. The Collateral Agent will be entitled to rely upon, and will not incur any liability for relying upon, any notice, request, certificate, consent, statement, instrument, document or other writing (including any electronic message, Internet or intranet website posting or other distribution) believed by it to be genuine and to have been signed, sent or otherwise authenticated by the proper Person. The Collateral Agent also may rely upon any statement made to it orally or by telephone and believed by it to have been made by the proper Person, and will not incur any liability for relying thereon. In determining compliance with any condition hereunder that by its terms must be fulfilled to its satisfaction, the Collateral Agent may make such determination in its sole discretion, and in determining compliance with any condition hereunder that by its terms must be fulfilled to the satisfaction of a Purchaser, the Collateral Agent may presume that such condition is satisfactory to such Purchaser unless the Collateral Agent has received notice to the contrary from such Purchaser prior to the issuance of the Notes. The Collateral Agent may consult with legal counsel (who may be counsel for any Company Party), independent accountants and other experts selected by it, and will not be liable for any action taken or not taken by it in accordance with the advice of any such counsel, accountants or experts.

Appears in 10 contracts

Sources: Securities Purchase Agreement (Invea Therapeutics, Inc), Securities Purchase Agreement (Invea Therapeutics, Inc), Securities Purchase Agreement (Invea Therapeutics, Inc)

Reliance by Collateral Agent. The Collateral Agent will shall be entitled to rely upon, and will shall not incur any liability for relying upon, any notice, request, certificate, consent, statement, instrument, document or other writing (including any electronic message, Internet or intranet website posting or other distribution) believed by it to be genuine and to have been signed, sent or otherwise authenticated by the proper Person. The Collateral Agent also may rely upon any statement made to it orally or by telephone and believed by it to have been made by the proper Person, and will shall not incur any liability for relying thereon. In determining compliance with any condition hereunder that by its terms must be fulfilled to its satisfactionthe purchase of any Note, the Collateral Agent may make such determination in its sole discretion, and in determining compliance with any condition hereunder that by its terms must be fulfilled to the satisfaction of a Purchaser, the Collateral Agent may presume that such condition is satisfactory to such Purchaser unless the Collateral Agent has shall have received notice to the contrary from such Purchaser prior to the issuance purchase of the Notessuch Note. The Collateral Agent may consult with legal counsel (who may be counsel for any Company Partythe Note Parties), independent accountants and other experts selected by it, and will shall not be liable for any action taken or not taken by it in accordance with the advice of any such counsel, accountants or experts.

Appears in 6 contracts

Sources: Note Purchase Agreement (OptiNose, Inc.), Note Purchase Agreement (Agendia N.V.), Note Purchase Agreement (OptiNose, Inc.)

Reliance by Collateral Agent. The Collateral Agent will be entitled to rely upon, and will not incur any liability for relying upon, any notice, request, certificate, consent, statement, instrument, document or other writing (including any electronic message, Internet or intranet website posting or other distribution) believed by it to be genuine and to have been signed, sent or otherwise authenticated by the proper Person. The Collateral Agent also may rely upon any statement made to it orally or by telephone and believed by it to have been made by the proper Person, and will not incur any liability for relying thereon. In determining compliance with any condition hereunder that by its terms must be fulfilled to its satisfaction, the Collateral Agent may make such determination in its sole discretion, and in determining compliance with any condition hereunder that by its terms must be fulfilled to the satisfaction of a Purchaser, the Collateral Agent may presume that such condition is satisfactory to such Purchaser unless the Collateral Agent has received notice to the contrary from such Purchaser prior to the issuance of the Notes. The Collateral Agent may consult with legal counsel (who may be counsel for any Company Partythe Companies), independent accountants and other experts selected by it, and will not be liable for any action taken or not taken by it in accordance with the advice of any such counsel, accountants or experts.

Appears in 5 contracts

Sources: Securities Purchase Agreement (Chromocell Therapeutics Corp), Securities Purchase Agreement (Chromocell Therapeutics Corp), Securities Purchase Agreement (Chromocell Therapeutics Corp)

Reliance by Collateral Agent. The Collateral Agent will shall be entitled to rely upon, and will shall not incur any liability for relying upon, any notice, request, certificate, consent, statement, instrument, document or other writing (including any electronic message, Internet or intranet website posting or other distribution) believed by it to be genuine and to have been signed, sent or otherwise authenticated by the proper Person. The Collateral Agent also may rely upon any statement made to it orally or by telephone and believed by it to have been made by the proper Person, and will shall not incur any liability for relying thereon. In determining compliance with any condition hereunder that by its terms must be fulfilled to its satisfaction, the Collateral Agent may make such determination in its sole discretion, and in determining compliance with any condition hereunder that by its terms must be fulfilled to the satisfaction of a PurchaserLender, the Collateral Agent may presume that such condition is satisfactory to such Purchaser Lender unless the Collateral Agent has shall have received notice to the contrary from such Purchaser prior to the issuance of the NotesLender. The Collateral Agent may consult with legal counsel (who may be counsel for any Company Partythe Borrower), independent accountants and other experts selected by it, and will shall not be liable for any action taken or not taken by it in accordance with the advice of any such counsel, accountants or experts.

Appears in 4 contracts

Sources: Loan Agreement (Guerrilla RF, Inc.), Loan Agreement (Guerrilla RF, Inc.), Loan Agreement (Guerrilla RF, Inc.)

Reliance by Collateral Agent. The Collateral Agent will shall be entitled to rely upon, and will shall not incur any liability for relying upon, any notice, request, certificate, consent, statement, instrument, document document, or other writing (including any electronic message, Internet or intranet website posting or other distribution) believed by it to be genuine and to have been signed, sent sent, or otherwise authenticated by the proper Person. The Collateral Agent also may rely upon any statement made to it orally or by telephone and believed by it to have been made by the proper Person, and will shall not incur any liability for relying thereon. In determining compliance with any condition hereunder that by its terms must be fulfilled to its satisfactionthe making of a Loan, the Collateral Agent may make such determination in its sole discretion, and in determining compliance with any condition hereunder that by its terms must be fulfilled to the satisfaction of a PurchaserLender, the Collateral Agent may presume that such condition is satisfactory to such Purchaser Lender, unless the Collateral Agent has shall have received notice to the contrary from such Purchaser Lender or prior to the issuance making of the Notessuch Loan. The Collateral Agent may consult with legal counsel (who may be counsel for any Company Partya Borrower), independent accountants accountants, and other experts selected by it, it and will shall not be liable for any action taken or not taken by it in accordance with the advice of any such counsel, accountants accountants, or experts.

Appears in 4 contracts

Sources: Loan Agreement (I3 Verticals, Inc.), Loan Agreement (I3 Verticals, Inc.), Loan Agreement (I3 Verticals, Inc.)

Reliance by Collateral Agent. The Collateral Agent will shall be entitled to rely upon, and will shall not incur any liability for relying upon, any notice, request, certificate, consent, statement, instrument, document or other writing (including any electronic message, Internet or intranet website posting or other distribution) believed by it to be genuine and to have been signed, sent or otherwise authenticated by the proper Person. The Collateral Agent also may rely upon any statement made to it orally or by telephone and believed by it to have been made by the proper Person, and will shall not incur any liability for relying thereon. In determining compliance with any condition hereunder that by its terms must be fulfilled to its satisfaction, the Collateral Agent may make such determination in its sole discretion, and in determining compliance with any condition hereunder making of a Loan that by its terms must be fulfilled to the satisfaction of a Purchaserthe Lender, the Collateral Agent may presume that such condition is satisfactory to such Purchaser the Lender unless the Collateral Agent has shall have received notice to the contrary from such Purchaser the Lender prior to the issuance making of the Notessuch Loan. The Collateral Agent may consult with legal counsel (who may be counsel for any Company Partythe Parent), independent accountants and other experts selected by it, and will shall not be liable for any action taken or not taken by it in accordance with the advice of any such counsel, accountants or experts.

Appears in 2 contracts

Sources: Credit Agreement (Sonendo, Inc.), Credit Agreement (Sonendo, Inc.)

Reliance by Collateral Agent. The Collateral Agent will shall be entitled to rely upon, and will shall not incur any liability for relying upon, any notice, request, certificate, consent, statement, instrument, document or other writing (including any electronic message, Internet or intranet website posting or other distribution) believed by it to be genuine and to have been signed, sent or otherwise authenticated by the proper Person. The Collateral Agent also may rely upon any statement made to it orally or by telephone and believed by it to have been made by the proper Person, and will shall not incur any liability for relying thereon. In determining compliance with any condition hereunder that by its terms must be fulfilled to its satisfaction, the Collateral Agent may make such determination in its sole discretion, and in determining compliance with any condition hereunder that by its terms must be fulfilled to the satisfaction of a PurchaserLender, the Collateral Agent may presume that such condition is satisfactory to such Purchaser Lender unless the Collateral Agent has shall have received notice to the contrary from such Purchaser prior to the issuance of the NotesLender. The Collateral Agent may consult with legal counsel (who may be counsel for any Company Partythe Borrowers), independent accountants and other experts selected by it, and will shall not be liable for any action taken or not taken by it in accordance with the advice of any such counsel, accountants or experts.

Appears in 1 contract

Sources: Loan Agreement (Guerrilla RF, Inc.)

Reliance by Collateral Agent. The Collateral Agent will be entitled to rely upon, and will not incur any liability for relying upon, any notice, request, certificate, consent, statement, instrument, document or other writing (including any electronic message, Internet or intranet website posting or other distribution) believed by it to be genuine and to have been signed, sent or otherwise authenticated by the proper Person. The Collateral Agent also may rely upon any statement made to it orally or by telephone and believed by it to have been made by the proper Person, and will not incur any liability for relying thereon. In determining compliance with any condition hereunder that by its terms must be fulfilled to its satisfaction, the Collateral Agent may make such determination in its sole discretion, and in determining compliance with any condition hereunder that by its terms must be fulfilled to the satisfaction of a PurchaserHolder, the Collateral Agent may presume that such condition is satisfactory to such Purchaser Holder unless the Collateral Agent has received notice to the contrary from such Purchaser Holder prior to the issuance of the Notes. The Collateral Agent may consult with legal counsel (who may be counsel for any Company Partythe Companies), independent accountants and other experts selected by it, and will not be liable for any action taken or not taken by it in accordance with the advice of any such counsel, accountants or experts.

Appears in 1 contract

Sources: Exchange Agreement (Digital Health Acquisition Corp.)

Reliance by Collateral Agent. The Collateral Agent will shall be entitled to rely upon, and will shall not incur any liability for relying upon, any notice, request, certificate, consent, statement, instrument, document or other writing (including any electronic message, Internet or intranet website posting or other distribution) believed by it to be genuine and to have been signed, sent or otherwise authenticated by the proper Person. The Collateral Agent also may rely upon any statement made to it orally or by telephone and believed by it to have been made by the proper Person, and will shall not incur any liability for relying thereon. In determining compliance with any condition hereunder that by its terms must be fulfilled to its satisfaction, the Collateral Agent may make such determination in its sole discretion, and in determining compliance with any condition hereunder making of a Loan that by its terms must be fulfilled to the satisfaction of a Purchaserthe Lender, the Collateral Agent may presume that such condition is satisfactory to such Purchaser the Lender unless the Collateral Agent has shall have received notice to the contrary from such Purchaser the Lender prior to the issuance making of the Notessuch Loan. The Collateral Agent may consult with legal counsel (who may be counsel for any Company Party)counsel, independent accountants and other experts selected by it, and will shall not be liable for any action taken or not taken by it in accordance with the advice of any such counsel, accountants or experts.

Appears in 1 contract

Sources: Credit Agreement (Sonendo, Inc.)

Reliance by Collateral Agent. The Collateral Agent will shall be entitled to rely upon, and will shall not incur any liability for relying upon, any notice, request, certificate, consent, statement, instrument, document or other writing (including any electronic message, Internet or intranet website posting or other distribution) believed in good faith by it to be genuine and to have been signed, sent or otherwise authenticated by the proper Person. The Collateral Agent also may rely upon any statement made to it orally or by telephone and believed in good faith by it to have been made by the proper Person, and will shall not incur any liability for relying thereon. In determining compliance with any condition hereunder that by its terms must be fulfilled to its satisfactionthe making of an Advance, or the Collateral Agent may make such determination in its sole discretionissuance of a Letter of Credit, and in determining compliance with any condition hereunder that by its terms must be fulfilled to the satisfaction of a PurchaserLender or the Issuing Bank, the Collateral Agent may presume that such condition is satisfactory to such Purchaser Lender or the Issuing Bank unless the Collateral Agent has shall have received notice to the contrary from such Purchaser Lender or the Issuing Bank prior to the making of such Advance or the issuance of the Notessuch Letter of Credit. The Collateral Agent may consult with legal counsel (who may be counsel for any Company Partythe Borrower), independent accountants and other experts selected by it, and will shall not be liable for any action taken or not taken by it in accordance with the advice of any such counsel, accountants or experts.

Appears in 1 contract

Sources: Credit Agreement (Vantage Drilling CO)