Common use of Termination by Borrowers Clause in Contracts

Termination by Borrowers. Upon at least five (5) Business Days’ prior written notice and pursuant to payoff documentation in form and substance reasonably satisfactory to Agent and Lenders, Borrowers may, at their option, terminate this Agreement; provided, however, that no such termination shall be effective until Borrowers have complied with Section 2.12(d) and the Obligations are paid in full (other than inchoate indemnification obligations for which no claim has yet been made) and the Affiliated Obligations are paid in full and the Affiliated Financing Documents are terminated. Any notice of termination given by Borrowers shall be irrevocable unless all Lenders otherwise agree in writing and no Lender shall have any obligation to make any Loans on or after the termination date stated in such notice. Borrowers may elect to terminate this Agreement in its entirety only. No section of this Agreement or type of Loan available hereunder may be terminated singly.

Appears in 2 contracts

Sources: Credit and Security Agreement (Alpha Teknova, Inc.), Credit and Security Agreement (Alpha Teknova, Inc.)

Termination by Borrowers. Upon at least five (5) Business DaysDay’ prior written notice (which may be conditioned on the closing of a refinancing or other applicable transaction) and pursuant to payoff documentation in form and substance reasonably satisfactory to Agent and LendersTerm Loan Servicer, Borrowers may, at their option, terminate this Agreement; provided, however, that no such termination shall be effective until Borrowers have complied with Section 2.12(d2.12(c) and the Obligations Obligations, including the payment of all fees due and owing under any Fee Letter, are paid in full (other than inchoate indemnification obligations for which no claim has yet been made) and the Affiliated Obligations are paid in full and the Affiliated Financing Documents are terminated). Any notice of termination given by Borrowers shall be irrevocable unless all Lenders otherwise agree in writing and no Lender shall have any obligation to make any Loans on or after the termination date stated in such notice. Borrowers may elect to terminate this Agreement in its entirety only. No section of this Agreement or type of Loan available hereunder may be terminated singly.

Appears in 2 contracts

Sources: Credit, Security and Guaranty Agreement (Omada Health, Inc.), Credit, Security and Guaranty Agreement (Omada Health, Inc.)

Termination by Borrowers. Upon at least five ten (510) Business DaysDay’ prior written notice and pursuant to payoff documentation in form and substance reasonably satisfactory to Agent and Lenders, Borrowers may, at their its option, terminate this Agreement; provided, however, that no such termination shall be effective until Borrowers have complied with Section 2.12(d2.12(c) and the Obligations Obligations, including the payment of all fees due and owing under any Fee Letter, are paid in full (other than inchoate indemnification obligations for which no claim has yet been made) and the Affiliated Obligations are paid in full and the Affiliated Financing Documents are terminated). Any notice of termination given by Borrowers shall be irrevocable unless all Lenders otherwise agree in writing and no Lender shall have any obligation to make any Loans on or after the termination date stated in such notice. Borrowers may elect to terminate this Agreement in its entirety only. No section of this Agreement or type of Loan available hereunder may be terminated singly.

Appears in 2 contracts

Sources: Credit and Security Agreement (Treace Medical Concepts, Inc.), Credit and Security Agreement (Term Loan) (Treace Medical Concepts, Inc.)

Termination by Borrowers. Upon at least five ten (510) Business Days’ prior written notice and pursuant to payoff documentation in form and substance reasonably satisfactory to Agent and Lenders, Borrowers may, at their option, terminate this Agreement; provided, however, that no such termination shall be effective until Borrowers have (i) Paid in Full all of the Obligations, and (ii) complied with Section 2.12(d) 2.12(c), the other terms of this Agreement and the Obligations are paid in full (other than inchoate indemnification obligations for which no claim has yet been made) and the Affiliated Obligations are paid in full and the Affiliated Financing Documents are terminatedterms of any Fee Letter. Any notice of termination given by Borrowers shall be irrevocable unless all Lenders otherwise agree in writing and no Lender shall have any obligation to make any Loans on or after the termination date stated in such notice; provided that any such notice of termination may be expressly conditioned on the occurrence or consummation of a refinancing or other transaction. Borrowers may elect to terminate this Agreement in its entirety only. No section of this Agreement or type of Loan available hereunder may be terminated singly.

Appears in 1 contract

Sources: Credit, Security and Guaranty Agreement (Urgent.ly Inc.)

Termination by Borrowers. Upon at least five (5) Business DaysDay’ prior written notice and pursuant to payoff documentation in form and substance reasonably satisfactory to Agent and Lenders, Borrowers may, at their its option, terminate this Agreement; provided, however, that no such termination shall be effective until Borrowers have complied with Section 2.12(d) and the Obligations are paid in full (other than inchoate indemnification obligations for which no claim has yet been made) and the Affiliated Obligations are paid in full and the Affiliated Financing Documents are terminated. Any notice of termination given by Borrowers shall be irrevocable unless all Lenders otherwise agree in writing and no Lender shall have any obligation to make any Loans on or after the termination date stated in such notice. Borrowers may elect to terminate this Agreement in its entirety only. No section of this Agreement or type of Loan available hereunder may be terminated singly.

Appears in 1 contract

Sources: Credit and Security Agreement (Revolving Loan) (Alpha Teknova, Inc.)

Termination by Borrowers. Upon at least five (5) Business Days’ prior written notice and pursuant to payoff documentation in form and substance reasonably satisfactory to Agent and Lenders, Borrowers Borrower may, at their its option, terminate this Agreement; provided, however, that (i) no such termination shall be effective until Borrowers have complied with Section 2.12(d2.2(g) and the Obligations are terms of any Fee Letter and have paid in full all Term Credit Obligations in immediately available funds and terminated the Term Credit Documents pursuant to a payoff letter in form and substance satisfactory to Agent and Term Credit Agent and (other than inchoate indemnification obligations for which no claim has yet been madeii) such termination of this Agreement shall be pursuant to a payoff letter in form and the Affiliated Obligations are paid in full and the Affiliated Financing Documents are terminatedsubstance satisfactory to Agent. Any notice of termination given by Borrowers shall be irrevocable unless all Lenders otherwise agree in writing and no Lender shall have any obligation to make any Loans on or after the termination date stated in such notice. Borrowers may elect to terminate this Agreement in its entirety only. No section of this Agreement or type of Loan available hereunder may be terminated singly.

Appears in 1 contract

Sources: Credit and Security Agreement (Sarepta Therapeutics, Inc.)

Termination by Borrowers. Upon at least five ten (510) Business Days’ prior written notice (or such shorter period as may be agreed by Agent) and pursuant to payoff documentation in form and substance reasonably satisfactory to Agent and Lenders, Borrowers Borrower may, at their its option, terminate this Agreement; provided, however, that no such termination shall be effective until Borrowers have complied with Section 2.12(d) 2.2 and the Obligations are terms of any fee letter and paid in full (other than inchoate indemnification obligations for which no claim has yet been made) and all of the Affiliated Obligations are paid in full immediately available funds and terminated the Affiliated Financing Documents are terminatedDocuments. Any notice of termination given by Borrowers shall be irrevocable (but may be conditioned on a the closing of a refinancing or other applicable transaction) unless all Lenders otherwise agree in writing and no Lender shall have any obligation to make any Loans on or after the termination date stated in such noticenotice (unless the conditions set forth in such notice are not satisfied). Borrowers may elect to terminate this Agreement in its entirety only. No section of this Agreement or type of Loan available hereunder may be terminated singly.

Appears in 1 contract

Sources: Credit, Security and Guaranty Agreement (Oxford Immunotec Global PLC)

Termination by Borrowers. Upon at least five fifteen (515) Business Daysdays’ prior written notice and pursuant to payoff documentation in form and substance reasonably satisfactory to Agent and Lenders, Borrowers may, at their its option, terminate this Agreement; provided, however, that no such termination shall be effective until Borrowers have complied with Section 2.12(d) 2.2 and the Obligations are paid in full (other than inchoate indemnification obligations for which no claim has yet been made) and the Affiliated Obligations are paid in full and the Affiliated Financing Documents are terminatedterms of any Fee Letter. Any notice of termination given by Borrowers shall be irrevocable unless all Lenders otherwise agree in writing writing; provided that such notice may state that it is conditioned upon the effectiveness of other credit facilities, indentures or similar agreements or other transactions, in which case such notice may be revoked by the Borrowers (by notice to the Agent on or prior to the specified effective date) if such condition is not satisfied and no Lender shall have any obligation to make any Loans on or after the termination date stated in such notice. Borrowers may elect to terminate this Agreement in its entirety only. No section of this Agreement or type of Loan available hereunder may be terminated singly.

Appears in 1 contract

Sources: Credit and Security Agreement (TherapeuticsMD, Inc.)

Termination by Borrowers. Upon at least five ten (510) Business DaysDay’ prior written notice and pursuant to payoff documentation in form and substance reasonably satisfactory to Agent Agent, Term Loan Servicer and Lenders, Borrowers may, at their option, terminate this Agreement; provided, however, that no such termination shall be effective until Borrowers have complied with Section 2.12(d2.12(c) MidCap / Apyx Medical / Credit, Security and Guaranty Agreement and the Obligations Obligations, including the payment of all fees due and owing under any Fee Letter, are paid in full (other than inchoate indemnification obligations for which no claim has yet been made) and the Affiliated Obligations are paid in full and the Affiliated Financing Documents are terminated). Any notice of termination given by Borrowers shall be irrevocable unless all Lenders otherwise agree in writing and no Lender shall have any obligation to make any Loans on or after the termination date stated in such notice. Borrowers may elect to terminate this Agreement in its entirety only. No section of this Agreement or type of Loan available hereunder may be terminated singly.

Appears in 1 contract

Sources: Credit, Security and Guaranty Agreement (Apyx Medical Corp)

Termination by Borrowers. Upon at least five ten (510) Business DaysDay’ prior written notice and pursuant to payoff documentation in form and substance reasonably satisfactory to Agent and Lenders, Borrowers may, at their its option, terminate this Agreement; provided, however, that no such termination shall be effective until Borrowers have complied with Section 2.12(d2.12(c) and the Obligations are paid in full (other than inchoate indemnification obligations for which no claim has yet been made) and the Affiliated Obligations are paid in full and the Affiliated Financing Documents are terminated). Any notice of termination given by Borrowers shall be irrevocable unless all Lenders otherwise agree in writing and no Lender shall have any obligation to make any Loans on or after the termination date stated in such notice; provided, however, that any such notice may be revocable if contingent upon the closing of a concurrent financing the purpose of which is to refinance the Term Loan Commitments (and such refinancing fails to be consummated or has been delayed). Borrowers may elect to terminate this Agreement in its entirety only. No section of this Agreement or type of Loan available hereunder may be terminated singly.

Appears in 1 contract

Sources: Credit and Security Agreement (Term Loan) (Paragon 28, Inc.)

Termination by Borrowers. Upon at least five (5) Business Days’ prior written notice (which may be conditioned on the closing of a refinancing or other applicable transaction) and pursuant to payoff documentation in form and substance reasonably satisfactory to Agent and Lenders, Borrowers may, at their option, terminate this Agreement; provided, however, that no such termination shall be effective until Borrowers have complied with Section 2.12(d2.12(c) and the Obligations Obligations, including the payment of all fees due and owing under any Fee Letter, are paid in full (other than inchoate indemnification obligations for which no claim has yet been made) and the Affiliated Obligations are paid in full and the Affiliated Financing Documents are terminated). Any notice of termination given by Borrowers shall be irrevocable unless all Lenders otherwise agree in writing and no Lender shall have any obligation to make any Loans on or after the termination date stated in such notice. Borrowers may elect to terminate this Agreement in its entirety only. No section of this Agreement or type of Loan available hereunder may be terminated singly.

Appears in 1 contract

Sources: Credit, Security and Guaranty Agreement (Novavax Inc)

Termination by Borrowers. Upon at least five ten (510) Business Days’ prior written notice and pursuant to payoff documentation in form and substance reasonably satisfactory to Agent and Lenders, Borrowers may, at their its option, terminate this Agreement; provided, however, that no such termination shall be effective until Borrowers have complied with Section 2.12(d) 2.2 and the Obligations are terms of any Fee Letter and, if the Additional Tranche shall have been activated hereunder, paid in full (other than inchoate indemnification obligations for which no claim has yet been made) and all of the Affiliated Obligations are paid in full immediately available funds and terminated the Affiliated Financing Documents are terminatedDocuments. Any notice of termination given by Borrowers shall be irrevocable unless all Lenders otherwise agree in writing and no Lender shall have any obligation to make any Loans on or after the termination date stated in such MidCap / HTG / Credit and Security Agreement (Revolving Loan) \\DC - 036639/000001 - 12092487 notice. Borrowers may elect to terminate this Agreement in its entirety only. No section of this Agreement or type of Loan available hereunder may be terminated singly.

Appears in 1 contract

Sources: Credit and Security Agreement (Revolving Loan) (HTG Molecular Diagnostics, Inc)

Termination by Borrowers. Upon at least five (5) Business DaysDay’ prior written notice and pursuant to payoff documentation in form and substance reasonably satisfactory to Agent Agent, Term Loan Servicer and Lenders, Borrowers may, at their option, terminate this Agreement; provided, however, that no such termination shall be effective until Borrowers have complied with Section 2.12(d2.12(c) and the Obligations Obligations, including the payment of all fees due and owing under any Fee Letter, are paid in full (other than inchoate indemnification obligations for which no claim has yet been made) and the Affiliated Obligations are paid in full and the Affiliated Financing Documents are terminated). Any notice of termination given by Borrowers shall be irrevocable unless all Lenders otherwise agree in writing and no Lender shall have any obligation to make any Loans on or after the termination date stated in such notice. Borrowers may elect to terminate this Agreement in its entirety only. No section of this Agreement or type of Loan available hereunder may be terminated singly.

Appears in 1 contract

Sources: Credit, Security and Guaranty Agreement (Evolv Technologies Holdings, Inc.)