Assignment of Rights. Borrower acknowledges and understands that Agent or Lender may, subject to Section 11.7, sell and assign all or part of its interest hereunder and under the Loan Documents to any Person or entity (an “Assignee”). After such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of Agent and Lender hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and Lender shall retain all rights, powers and remedies hereby given. No such assignment by Agent or Lender shall relieve Borrower of any of its obligations hereunder. Lender agrees that in the event of any transfer by it of the Note(s)(if any), it will endorse thereon a notation as to the portion of the principal of the Note(s), which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.
Appears in 25 contracts
Samples: Loan and Security Agreement (Paratek Pharmaceuticals, Inc.), Loan and Security Agreement (Paratek Pharmaceuticals, Inc.), Loan and Security Agreement (X4 Pharmaceuticals, Inc)
Assignment of Rights. Borrower acknowledges and understands that Agent or Lender may, subject to Section 11.7, may sell and assign all or part of its interest hereunder and under the Note(s) and Loan Documents to any Person person or entity (an “Assignee”). After such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of Agent and Lender hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and Lender shall retain all rights, powers and remedies hereby given. No such assignment by Agent or Lender shall relieve Borrower of any of its obligations hereunder. Lender agrees that in the event of any transfer by it of the Note(s)(if anyNote(s), it will endorse thereon a notation as to the portion of the principal of the Note(s), which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.
Appears in 18 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (Dicerna Pharmaceuticals Inc), Loan and Security Agreement (Dicerna Pharmaceuticals Inc)
Assignment of Rights. Borrower acknowledges and understands that Agent or Lender the Lenders may, subject to Section 11.7, sell and assign all or part of its interest hereunder and under the Loan Documents to any Person or entity (an “Assignee”). After such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of Agent and Lender the Lenders hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and Lender the Lenders shall retain all rights, powers and remedies hereby given. No such assignment by Agent or Lender the Lenders shall relieve Borrower of any of its obligations hereunder. Lender the Lenders agrees that in the event of any transfer by it of the Note(s)(if promissory note(s) (if any), it will endorse thereon a notation as to the portion of the principal of the Note(spromissory note(s), which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.
Appears in 16 contracts
Samples: Loan and Security Agreement (enGene Holdings Inc.), Loan and Security Agreement (Viridian Therapeutics, Inc.\DE), Loan and Security Agreement (enGene Holdings Inc.)
Assignment of Rights. Borrower acknowledges and understands that Agent or Lender may, subject to Section 11.7, may sell and assign all or part of its interest hereunder and under the Loan Documents to any Person or entity (an “Assignee”). After such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of Agent and Lender hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and Lender shall retain all rights, powers and remedies hereby given. No such assignment by Agent or Lender shall relieve Borrower of any of its obligations hereunder. Lender agrees that in the event of any transfer by it of the Note(s)(if any), it will endorse thereon a notation as to the portion of the principal of the Note(s), which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.
Appears in 14 contracts
Samples: Loan and Security Agreement (Genocea Biosciences, Inc.), Loan and Security Agreement (Quanterix Corp), License and Maintenance Agreement (Aquantia Corp)
Assignment of Rights. Borrower acknowledges and understands that Agent or Lender may, subject to Section 11.7, may sell and assign all or part of its interest hereunder and under the Loan Documents to any Person person or entity (an “Assignee”). After such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of Agent and Lender hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and Lender shall retain all rights, powers and remedies hereby given. No such assignment by Agent or Lender shall relieve Borrower of any of its obligations hereunder. Lender agrees that in the event of any transfer by it of the Note(s)(if Note(s) (if any), it will endorse thereon a notation as to the portion of the principal of the Note(s), which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.
Appears in 8 contracts
Samples: Loan and Security Agreement (uniQure N.V.), Loan and Security Agreement (uniQure N.V.), Loan and Security Agreement (uniQure N.V.)
Assignment of Rights. Borrower acknowledges and understands that Agent or any Lender may, subject to Section 11.710.7, sell and assign all or part of its interest hereunder and under the Loan Documents to any Person or entity (an “Assignee”). After such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of Agent and such Lender hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and such Lender shall retain all rights, powers and remedies hereby given. No such assignment by Agent or such Lender shall relieve Borrower of any of its obligations hereunder. Each Lender agrees that in the event of any transfer by it of the Note(s)(if any), it will endorse thereon a notation as to the portion of the principal of the Note(s), which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.
Appears in 7 contracts
Samples: Loan and Security Agreement (Eightco Holdings Inc.), Loan and Security Agreement (Eightco Holdings Inc.), Loan and Security Agreement (Eightco Holdings Inc.)
Assignment of Rights. Borrower acknowledges and understands that Agent or Lender the Lenders may, subject to Section 11.7, sell and assign all or part of its interest hereunder and under the Loan Documents to any Person or entity (an “Assignee”). After such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of Agent and Lender the Lenders hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and Lender the Lenders shall retain all rights, powers and remedies hereby given. No such assignment by Agent or Lender the Lenders shall relieve Borrower of any of its obligations hereunder. Each Lender agrees that in the event of any transfer by it of the Note(s)(if promissory note(s) (if any), it will endorse thereon a notation as to the portion of the principal of the Note(spromissory note(s), which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.
Appears in 7 contracts
Samples: Loan and Security Agreement (Geron Corp), Loan and Security Agreement (Geron Corp), Loan and Security Agreement (G1 Therapeutics, Inc.)
Assignment of Rights. Each Borrower acknowledges and understands that Agent or Lender may, subject to Section 11.7, sell and assign all or part of its interest hereunder and under the Loan Documents to any Person or entity (an “Assignee”). After such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of Agent and Lender hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and Lender shall retain all rights, powers and remedies hereby given. No such assignment by Agent or Lender shall relieve any Borrower of any of its obligations hereunder. Lender agrees that in the event of any transfer by it of the Term Note(s)(if any), it will endorse thereon a notation as to the portion of the principal of the Term Note(s), which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.
Appears in 5 contracts
Samples: Loan and Security Agreement (BridgeBio Pharma, Inc.), Loan and Security Agreement (BridgeBio Pharma, Inc.), Loan and Security Agreement (BridgeBio Pharma, Inc.)
Assignment of Rights. Borrower Each Loan Party acknowledges and understands that Agent or Lender the Lenders may, subject to Section 11.7, sell and assign all or part of its interest hereunder and under the Loan Documents to any Person or entity (an “Assignee”). After such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of Agent and Lender the Lenders hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and Lender the Lenders shall retain all rights, powers and remedies hereby given. No such assignment by Agent or Lender the Lenders shall relieve Borrower any Loan Party of any of its obligations hereunder. Lender the Lenders agrees that in the event of any transfer by it of the Note(s)(if promissory note(s) (if any), it will endorse thereon a notation as to the portion of the principal of the Note(spromissory note(s), which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.
Appears in 4 contracts
Samples: Loan and Security Agreement (ATAI Life Sciences N.V.), Loan and Security Agreement (ATAI Life Sciences N.V.), Loan and Security Agreement (Eloxx Pharmaceuticals, Inc.)
Assignment of Rights. Borrower acknowledges and understands that Agent or Lender may, subject to Section 11.7, sell and assign all or part of its interest hereunder and under the Loan Documents to any Person or entity (an “Assignee”). After such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of Agent and Lender hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and Lender shall retain all rights, powers and remedies hereby given. No such assignment by Agent or Lender shall relieve Borrower of any of its obligations hereunder. Lender agrees that in the event of any transfer by it of the Note(s)(if Note(s) (if any), it will endorse thereon a notation as to the portion of the principal of the Note(s), which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.
Appears in 4 contracts
Samples: Loan and Security Agreement (Stealth BioTherapeutics Corp), Loan and Security Agreement (ChemoCentryx, Inc.), Loan and Security Agreement (Bellicum Pharmaceuticals, Inc)
Assignment of Rights. Borrower Each Loan Party acknowledges and understands that Agent or Lender may, subject to Section 11.7, sell and assign all or part of its interest hereunder and under the Loan Documents to any Person or entity (an “Assignee”). After such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of Agent and Lender hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and Lender shall retain all rights, powers and remedies hereby given. No such assignment by Agent or Lender shall relieve Borrower any Loan Party of any of its obligations hereunder. Lender agrees that in the event of any transfer by it of the Note(s)(if Note(s) (if any), it will endorse thereon a notation as to the portion of the principal of the Note(s), which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.
Appears in 4 contracts
Samples: Loan and Security Agreement (Urovant Sciences Ltd.), Loan and Security Agreement (Dermavant Sciences LTD), Loan and Security Agreement (Nabriva Therapeutics PLC)
Assignment of Rights. Borrower acknowledges and understands that Agent or Lender may, subject to Section 11.7, may sell and assign all or part of its interest hereunder and under the Note(s) and Loan Documents to any Person person or entity other than a person or entity reasonably deemed by Lender to be a direct competitor of Borrower (an “Assignee”). After such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of Agent and Lender hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and Lender shall retain all rights, powers and remedies hereby given. No such assignment by Agent or Lender shall relieve Borrower of any of its obligations hereunder. Lender agrees that in the event of any transfer by it of the Note(s)(if anyNote(s), it will endorse thereon a notation as to the portion of the principal of the Note(s), which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.
Appears in 3 contracts
Samples: Loan and Security Agreement (Aveo Pharmaceuticals, Inc.), Loan and Security Agreement (Aveo Pharmaceuticals, Inc.), Loan and Security Agreement (Aveo Pharmaceuticals Inc)
Assignment of Rights. Borrower acknowledges and understands that Agent or each Lender may, subject to Section 11.7, may sell and assign all or part of its interest hereunder and under the Note(s) and Loan Documents to any Person person or entity (an “Assignee”), other than, during the continuance of an Event of Default, a direct competitor of Borrower. After such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of Agent and a Lender hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and each Lender shall retain all rights, powers and remedies hereby given. No such assignment by Agent or a Lender shall relieve Borrower of any of its obligations hereunder. Each Lender agrees that in the event of any transfer by it of the Note(s)(if anyNote(s), it will endorse thereon a notation as to the portion of the principal of the Note(s), which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.
Appears in 3 contracts
Samples: Loan and Security Agreement (Intelepeer Inc), Loan and Security Agreement (Intelepeer Inc), Loan and Security Agreement (Intelepeer Inc)
Assignment of Rights. Borrower acknowledges and understands that Agent or Lender may, subject to Section 11.7, may sell and assign all or part of its interest hereunder and under the Loan Documents to any Person or entity (an “Assignee”); provided, that so long as no Event of Default has occurred and is continuing, Agent or Lender can only assign any interest hereunder or under the Loan Documents to a Person who is an Affiliate of Lender or Agent or an Eligible Assignee with thirty (30) days prior notice to Borrower. After such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of Agent and Lender hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and Lender shall retain all rights, powers and remedies hereby given. No such assignment by Agent or Lender shall relieve Borrower of any of its obligations hereunder. Lender agrees that in the event of any transfer by it of the Note(s)(if any), it will endorse thereon a notation as to the portion of the principal of the Note(s), which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.
Appears in 3 contracts
Samples: Loan and Security Agreement (Viewray Inc), Loan and Security Agreement (Viewray Inc), Loan and Security Agreement (Viewray Inc)
Assignment of Rights. Borrower acknowledges and understands that Agent or Lender Lenders may, subject to Section 11.7, sell and assign all or part of its interest hereunder and under the Loan Documents to any Person or entity (an “Assignee”). After such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of Agent and Lender Xxxxxxx hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and Lender Lenders shall retain all rights, powers and remedies hereby given. No such assignment by Agent or Lender Xxxxxxx shall relieve Borrower of any of its obligations hereunder. Lender agrees Xxxxxxx agree that in the event of any transfer by it of the Note(s)(if promissory note(s) (if any), it will endorse thereon a notation as to the portion of the principal of the Note(spromissory note(s), which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.
Appears in 3 contracts
Samples: Loan and Security Agreement (Bluebird Bio, Inc.), Loan and Security Agreement (Sight Sciences, Inc.), Loan and Security Agreement (COMPASS Pathways PLC)
Assignment of Rights. Borrower acknowledges and understands that Agent or Lender Lenders may, subject to Section 11.7, sell and assign all or part of its interest hereunder and under the Loan Documents to any Person or entity (an “Assignee”). After such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of Agent and Lender Lenders hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and Lender Lenders shall retain all rights, powers and remedies hereby given. No such assignment by Agent or Lender Lenders shall relieve Borrower of any of its obligations hereunder. Lender agrees Lenders agree that in the event of any transfer by it of the Note(s)(if any)any promissory notes, it will shall endorse thereon a notation as to the portion of the principal of the Note(s)such promissory notes, which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.
Appears in 3 contracts
Samples: Loan and Security Agreement (HilleVax, Inc.), Loan and Security Agreement (Unity Biotechnology, Inc.), Loan and Security Agreement (Seres Therapeutics, Inc.)
Assignment of Rights. Borrower acknowledges and understands that Agent or Lender may, subject to Section 11.7, may sell and assign all or part of its interest hereunder and under the Loan Documents to any Person person or entity (an “Assignee”). After such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of Agent and Lender hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and Lender shall retain all rights, powers and remedies hereby given. No such assignment by Agent or Lender shall relieve Borrower of any of its obligations hereunder. Lender agrees that in the event of any transfer by it of the Note(s)(if any), it will endorse thereon a notation as to the portion of the principal of the Note(s), which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.
Appears in 3 contracts
Samples: Loan and Security Agreement (Cleveland Biolabs Inc), Loan and Security Agreement (InspireMD, Inc.), Loan and Security Agreement (Rockwell Medical, Inc.)
Assignment of Rights. Borrower acknowledges and understands that Agent or Lender the Lenders may, subject to Section 11.711.6, sell and assign all or part of its interest hereunder and under the Loan Documents to any Person or entity (an “Assignee”). After such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of Agent and Lender the Lenders hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and Lender the Lenders shall retain all rights, powers and remedies hereby given. No such assignment by Agent or Lender the Lenders shall relieve Borrower any Loan Party of any of its obligations hereunder. Lender The Lenders agrees that in the event of any transfer by it of the Note(s)(if promissory note(s) (if any), it will endorse thereon a notation as to the portion of the principal of the Note(spromissory note(s), which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.
Appears in 2 contracts
Samples: Loan and Security Agreement (Spire Global, Inc.), Loan and Security Agreement (NavSight Holdings, Inc.)
Assignment of Rights. Borrower acknowledges and understands that Agent or Lender Lenders may, subject to Section 11.7, sell and assign all or part of its interest hereunder and under the Loan Documents to any Person or entity (an “Assignee”). After such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of Agent and Lender Lxxxxxx hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and Lender Lenders shall retain all rights, powers and remedies hereby given. No such assignment by Agent or Lender Lxxxxxx shall relieve Borrower of any of its obligations hereunder. Lender agrees Lxxxxxx agree that in the event of any transfer by it of the Note(s)(if promissory note(s) (if any), it will endorse thereon a notation as to the portion of the principal of the Note(spromissory note(s), which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.
Appears in 2 contracts
Samples: Loan and Security Agreement (Senseonics Holdings, Inc.), Working Capital Facility Agreement (Heron Therapeutics, Inc. /De/)
Assignment of Rights. Borrower acknowledges and understands that Agent or Lender may, subject to Section 11.7, may sell and assign all or part of its interest hereunder and under the Loan Documents to any Person or entity (an “"Assignee”"). After such assignment the term “"Agent” " or “"Lender” " as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of Agent and Lender hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and Lender shall retain all rights, powers and remedies hereby given. No such assignment by Agent or Lender shall relieve Borrower of any of its obligations hereunder. Lender agrees that in the event of any transfer by it of the Note(s)(if any), it will endorse thereon a notation as to the portion of the principal of the Note(s), which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.
Appears in 2 contracts
Samples: Loan and Security Agreement (Cerecor Inc.), Loan and Security Agreement (Cerecor Inc.)
Assignment of Rights. Borrower Each Loan Party acknowledges and understands that Agent or Lender may, subject to Section 11.7, sell and assign all or part of its interest hereunder and under the Loan Documents to any Person or entity (an “Assignee”). After such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of Agent and Lender hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and Lender shall retain all rights, powers and remedies hereby given. No such assignment by Agent or Lender shall relieve Borrower any Loan Party of any of its obligations hereunder. Lender agrees that in the event of any transfer by it of the Note(s)(if Note(s) (if any), it will endorse thereon a notation as to the portion of the principal of the Note(s), which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon. Confidential material omitted and filed separately with the Commission.
Appears in 2 contracts
Samples: Loan and Security Agreement (Mesoblast LTD), Loan and Security Agreement (Mesoblast LTD)
Assignment of Rights. Borrower acknowledges and understands that Agent or Lender may, subject to in accordance with Section 11.7, sell and assign all or part of its interest hereunder and under the Loan Documents to any Person or entity (an “Assignee”). After such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of Agent and Lender hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and Lender shall retain all rights, powers and remedies hereby given. No such assignment by Agent or Lender shall relieve Borrower of any of its obligations hereunder. Lender agrees that in the event of any transfer by it of the Note(s)(if any), it will endorse thereon a notation as to the portion of the principal of the Note(s), which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.
Appears in 2 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (Constellation Pharmaceuticals Inc)
Assignment of Rights. Subject to the provisions of Section 11.7, Borrower acknowledges and understands that Agent or Lender may, subject to Section 11.7, may sell and assign all or part of its interest hereunder and under the Loan Documents to any Person or entity (an “Assignee”). After such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of Agent and Lender hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and Lender shall retain all rights, powers and remedies hereby given. No such assignment by Agent or Lender shall relieve Borrower of any of its obligations hereunder. Lender agrees that in the event of any transfer by it of the Note(s)(if any), it will endorse thereon a notation as to the portion of the principal of the Note(s), which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.
Appears in 2 contracts
Samples: Loan and Security Agreement (Edge Therapeutics, Inc.), Loan and Security Agreement (Edge Therapeutics, Inc.)
Assignment of Rights. Borrower acknowledges and understands that Agent or Lender may, subject to Section 11.7, may sell and assign all or part of its interest hereunder and under the Note(s) and Loan Documents to any Person person or entity (an “"Assignee”"). After such assignment the term “Agent” or “"Lender” " as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of Agent and Lender hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and Lender shall retain all rights, powers and remedies hereby given. No such assignment by Agent or Lender shall relieve Borrower of any of its obligations hereunder. Lender agrees that in the event of any transfer by it of the Note(s)(if anyNote(s), it will endorse thereon a notation as to the portion of the principal of the Note(s), which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.
Appears in 2 contracts
Samples: Loan and Security Agreement (Quatrx Pharmaceuticals Co), Loan and Security Agreement (Quatrx Pharmaceuticals Co)
Assignment of Rights. Borrower acknowledges and understands that Agent or Lender may, subject to Section 11.7, sell and assign all or part of its interest hereunder and under the Loan Documents to any Person or entity (an “Assignee”). After such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of Agent and Lender hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and Lender shall retain all rights, powers and remedies hereby given. No such assignment by Agent or Lender shall relieve Borrower of any of its obligations hereunder. Lender agrees that in the event of any transfer by it of any promissory notes evidencing the Note(s)(if Secured Obligations (if any), it will endorse thereon a notation as to the portion of the principal of the Note(ssuch note(s), which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.
Appears in 2 contracts
Samples: Loan and Security Agreement (RedBall Acquisition Corp.), Loan and Security Agreement (RedBall Acquisition Corp.)
Assignment of Rights. Borrower acknowledges and understands that Agent or Lender may, subject to Section 11.7, may sell and assign all or part of its interest hereunder and under the Note(s) and Loan Documents to any Person person or entity (an “Assignee”), provided, however, that any transfer by Lender of the Note shall be subject to compliance with applicable federal and state securities laws. After such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of Agent and Lender hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and Lender shall retain all rights, powers and remedies hereby given. No such assignment by Agent or Lender shall relieve Borrower of any of its obligations hereunder. Lender agrees that in the event of any transfer by it of the Note(s)(if anyNote(s), it will endorse thereon a notation as to the portion of the principal of the Note(s), which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.
Appears in 1 contract
Samples: Loan and Security Agreement (Acelrx Pharmaceuticals Inc)
Assignment of Rights. Borrower acknowledges and understands that Agent or Lender the Lenders may, subject to Section 11.7, sell and assign all or part of its interest hereunder and under the Loan Documents to any Person or entity (an “Assignee”). After such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of Agent and Lender the Lenders hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and Lender the Lenders shall retain all rights, powers and remedies hereby given. No such assignment by Agent or Lender the Lenders shall relieve Borrower of any of its obligations hereunder. Lender agrees The Lenders agree that in the event of any transfer by it of the Note(s)(if any), it will endorse thereon a notation as to the portion of the principal of the Note(s), which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.
Appears in 1 contract
Samples: Loan and Security Agreement (X4 Pharmaceuticals, Inc)
Assignment of Rights. Borrower acknowledges and understands that Agent or Lender the Lenders may, subject to Section 11.7, sell and assign all or part of its interest hereunder and under the Loan Documents to any Person or entity (an “Assignee”). After such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of Agent and Lender the Lenders hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and Lender the Lenders shall retain all rights, powers and remedies hereby given. No such assignment by Agent or Lender the Lenders shall relieve Borrower of any of its obligations hereunder. Lender agrees The Lenders agree that in the event of any transfer by it of the Note(s)(if any)any promissory notes, it will endorse thereon a notation as to the portion of the principal of the Note(s)such promissory notes, which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.
Appears in 1 contract
Samples: Loan and Security Agreement (Madrigal Pharmaceuticals, Inc.)
Assignment of Rights. Subject to the provisions of Section 11.7, Borrower acknowledges and understands that Agent or Lender may, subject to Section 11.7, sell and assign all or part of its interest hereunder and under the Loan Documents to any Person or entity (an “Assignee”). After such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of Agent and Lender hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and Lender shall retain all rights, powers and remedies hereby given. No such assignment by Agent or Lender shall relieve Borrower of any of its obligations hereunder. Lender agrees that in the event of any transfer by it of the Note(s)(if any), it will endorse thereon a notation as to the portion of the principal of the Note(s), which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.
Appears in 1 contract
Samples: Loan and Security Agreement (Edge Therapeutics, Inc.)
Assignment of Rights. Borrower acknowledges and understands that Agent or Lender may, subject to Section 11.7, may sell and assign all or part of its interest hereunder and under the Note and Loan Documents to any Person person or entity (an “Assignee”). After such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers powers, obligations and remedies of Agent and Lender hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and Lender shall retain all rights, powers powers, obligations and remedies hereby given. No such assignment by Agent or Lender Xxxxxx shall relieve Borrower of any of its obligations hereunder. Lender Xxxxxx agrees that in the event of any transfer by it of the Note(s)(if any)Note, it will endorse thereon a notation as to the portion of the principal of the Note(s)Note, which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.
Appears in 1 contract
Samples: Loan and Security Agreement (Navidea Biopharmaceuticals, Inc.)
Assignment of Rights. Borrower acknowledges and understands that Agent or Lender may, subject to Section 11.7, may sell and assign all or part of its interest hereunder and under the Loan Documents to any Person or entity (an “Assignee”), subject to the restrictions set forth in Section 11.7. After such a permitted assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of Agent and Lender hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and Lender shall retain all rights, powers and remedies hereby given. No such assignment by Agent or Lender shall relieve Borrower of any of its obligations hereunder. Lender agrees that in the event of any transfer by it of the Note(s)(if any), it will endorse thereon a notation as to the portion of the principal of the Note(s), which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.
Appears in 1 contract
Assignment of Rights. Borrower acknowledges and understands that Agent or Lender may, subject to Section 11.7, may sell and assign all or part of its interest hereunder and under the Loan Documents to any Person person or entity (an “Assignee”). After Subject to Section 11.7, after such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of Agent and Lender hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and Lender shall retain all rights, powers and remedies hereby given. No such assignment by Agent or Lender shall relieve Borrower of any of its obligations hereunder. Lender agrees that in the event of any transfer by it of the Note(s)(if any), it will endorse thereon a notation as to the portion of the principal of the Note(s), which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.
Appears in 1 contract
Samples: Loan and Security Agreement (Baxano Surgical, Inc.)
Assignment of Rights. Borrower acknowledges and understands that Agent or Lender the Lenders may, subject to Section 11.7, sell and assign all or part of its interest hereunder and under the Loan Documents to any Person or entity (an “Assignee”). After such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of Agent and Lender the Lenders hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and Lender the Lenders shall retain all rights, powers and remedies hereby given. No such assignment by Agent or Lender the Lenders shall relieve Borrower of any of its obligations hereunder. Each Lender agrees agree that in the event of any transfer by it of the Note(s)(if promissory note(s) (if any), it will endorse thereon a notation as to the portion of the principal of the Note(spromissory note(s), which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.
Appears in 1 contract
Samples: Working Capital Loan and Security Agreement (Communications Systems Inc)
Assignment of Rights. Each Borrower acknowledges and understands that the Agent or Lender may, subject to Section 11.7, may sell and assign all or part of its interest hereunder and under the Loan Documents to any Person or entity (an “Assignee”). After such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of the Agent and Lender hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, the Agent and Lender shall retain all rights, powers and remedies hereby given. No such assignment by the Agent or Lender shall relieve any Borrower of any of its obligations hereunder. Lender agrees that in the event of any transfer by it of the Note(s)(if any), it will endorse thereon a notation as to the portion of the principal of the Note(s), which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.
Appears in 1 contract
Assignment of Rights. Borrower acknowledges and understands that Agent or Lender may, subject to Section 11.7, may sell and assign all or part of its interest hereunder and under the Loan Documents to any Person or entity (an “Assignee”), subject to the provisions of Section 11.7 hereof. After such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of Agent and Lender hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and Lender shall retain all rights, powers and remedies hereby given. No such assignment by Agent or Lender shall relieve Borrower of any of its obligations hereunder. Lender agrees that in the event of any transfer by it of the Note(s)(if any), it will endorse thereon a notation as to the portion of the principal of the Note(s), which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.
Appears in 1 contract
Samples: Loan and Security Agreement (Immune Pharmaceuticals Inc)
Assignment of Rights. Borrower acknowledges and understands that Agent or Lender may, subject to Section 11.7, may sell and assign all or part of its interest hereunder and under the Loan Documents to any Person person or entity (an “Assignee”)) subject to the consent requirement in Section 11.7. After such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of Agent and Lender hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and Lender shall retain all rights, powers and remedies hereby given. No such assignment by Agent or Lender shall relieve Borrower of any of its obligations hereunder. Lender agrees that in the event of any transfer by it of the Note(s)(if any), it will endorse thereon a notation as to the portion of the principal of the Note(s), which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.
Appears in 1 contract
Samples: Loan and Security Agreement (Ocz Technology Group Inc)
Assignment of Rights. Borrower acknowledges and understands that Agent or Lender may, subject to Section 11.710.7, sell and assign all or part of its interest hereunder and under the Note(s) and Loan Documents to any Person person or entity (an “Assignee”). After such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of Agent and Lender hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and Lender shall retain all rights, powers and remedies hereby given. No such assignment by Agent or Lender shall relieve Borrower of any of its obligations hereunder. Lender agrees that in the event of any transfer by it of the Note(s)(if anyNote(s), it will endorse thereon a notation as to the portion of the principal of the Note(s), which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.
Appears in 1 contract
Samples: Loan and Security Agreement (American Superconductor Corp /De/)
Assignment of Rights. Borrower acknowledges and understands that Agent or Lender may, subject to Section 11.7, sell and assign all or part of its interest hereunder and under the Loan Documents to any Person or entity (an “Assignee”). After such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of Agent and Lender hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and Lender shall retain all rights, powers and remedies hereby given. No such assignment by Agent or Lender shall relieve Borrower of any of its obligations hereunder. Lender agrees that in the event of any transfer by it of the Note(s)(if any), it will endorse thereon a notation as to the portion of the principal of the Note(s), which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.. 11.14
Appears in 1 contract
Samples: Loan and Security Agreement (Concert Pharmaceuticals, Inc.)
Assignment of Rights. Borrower acknowledges and understands that Agent or Lender may, subject to Section 11.7, may sell and assign all or part of its interest hereunder and under the Loan Documents to any Person or entity (an “Assignee”). After such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of Agent and Lender hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and Lender shall retain all rights, powers and remedies hereby given. No such assignment by Agent or Lender shall relieve Borrower of any of its obligations hereunder. Lender agrees that in the event of any transfer by it of the Note(s)(if any), it will endorse thereon a notation as to the portion of the principal of the Note(s), which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.
Appears in 1 contract
Assignment of Rights. Borrower acknowledges and understands that Agent or Lender may, subject to Section 11.7, may sell and assign all or part of its interest hereunder and under the Note(s) and Loan Documents to any Person person or entity other than a direct competitor of Borrower or any Subsidiary (an “Assignee”). After such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of Agent and Lender hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and Lender shall retain all rights, powers and remedies hereby given. No such assignment by Agent or Lender shall relieve Borrower of any of its obligations hereunder. Lender agrees that in the event of any transfer by it of the Note(s)(if anyNote(s), it will endorse thereon a notation as to the portion of the principal of the Note(s), which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.
Appears in 1 contract
Assignment of Rights. Borrower Each Loan Party acknowledges and understands that Agent or Lender may, subject to Section 11.711.07, sell and assign all or part of its interest hereunder and under the Loan Documents to any Person or entity (an “Assignee”). After such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of Agent and Lender hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and Lender shall retain all rights, powers and remedies hereby given. No such assignment by Agent or Lender shall relieve Borrower any Loan Party of any of its obligations hereunder. Lender agrees that in the event of any transfer by it of the Note(s)(if Note(s) (if any), it will endorse thereon a notation as to the portion of the principal of the Note(s), which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.. 11.15
Appears in 1 contract
Samples: Loan and Security Agreement
Assignment of Rights. Borrower acknowledges and understands that Agent or Lender may, subject to Section 11.7, may sell and assign all or part of its interest hereunder and under the Note(s) and Loan Documents to any Person or entity other than any Person that is a competitor of any Borrower (an “"Assignee”"). After such assignment the term “Agent” or “"Lender” " as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of Agent and Lender hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and Lender shall retain all rights, powers and remedies hereby given. No such assignment by Agent or Lender shall relieve Borrower of any of its obligations hereunder. Lender agrees that in the event of any transfer by it of the Note(s)(if anyNote(s), it will endorse thereon a notation as to the portion of the principal of the Note(s), which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.
Appears in 1 contract
Samples: Loan and Security Agreement (Sirtris Pharmaceuticals, Inc.)
Assignment of Rights. Borrower acknowledges and understands that Agent or Lender the Lenders may, subject to Section 11.7, sell and assign all or part of its interest hereunder and under the Loan Documents to any Person or entity (an “Assignee”). After such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of Agent and Lender the Lenders hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and Lender the Lenders shall retain all rights, powers and remedies hereby given. No such assignment by Agent or Lender the Lenders shall relieve Borrower of any of its obligations hereunder. Lender the Lenders agrees that in the event of any transfer by it of the Note(s)(if promissory note(s) (if any), it will endorse thereon a notation as to the portion of the principal of the Note(spromissory note(s), which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.. 11.15
Appears in 1 contract
Assignment of Rights. Borrower acknowledges and understands that Agent or any Lender may, subject to Section 11.7, sell and assign all or part of its interest hereunder and under the Loan Documents to any Person or entity (an “Assignee”). After such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of Agent and such Lender hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and such Lender shall retain all rights, powers and remedies hereby given. No such assignment by Agent or such Lender shall relieve Borrower of any of its obligations hereunder. Each Lender agrees that in the event of any transfer by it of the Note(s)(if any), it will endorse thereon a notation as to the portion of the principal of the Note(s), which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.
Appears in 1 contract
Samples: Loan and Security Agreement (Eightco Holdings Inc.)
Assignment of Rights. Borrower acknowledges and understands that Agent or Lender Lenders may, subject to Section 11.7, sell and assign all or part of its interest hereunder and under the Loan Documents to any Person or entity (an “Assignee”). After such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of Agent and Lender Xxxxxxx hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and Lender Lenders shall retain all rights, powers and remedies hereby given. No such assignment by Agent or Lender Xxxxxxx shall relieve Borrower of any of its obligations hereunder. Lender agrees Lenders agree that in the event of any transfer by it of the Note(s)(if any)any promissory notes, it will shall endorse thereon a notation as to the portion of the principal of the Note(s)such promissory notes, which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.
Appears in 1 contract
Samples: Loan and Security Agreement (Seres Therapeutics, Inc.)
Assignment of Rights. Borrower acknowledges and understands that Agent or Lender the Lenders may, subject to Section 11.7, sell and assign all or part of its interest hereunder and under the Loan Documents to any Person or entity (an “Assignee”). After such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of Agent and Lender the Lenders hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and Lender the Lenders shall retain all rights, powers and remedies hereby given. No such assignment by Agent or Lender the Lenders shall relieve Borrower of any of its obligations hereunder. Lender agrees The Lenders agree that in the event of any transfer by it of the Note(s)(if promissory note(s) (if any), it will endorse thereon a notation as to the portion of the principal of the Note(spromissory note(s), which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.
Appears in 1 contract
Samples: Loan and Security Agreement (Applied Genetic Technologies Corp)
Assignment of Rights. Borrower acknowledges and understands that Agent or Lender may, subject to Section 11.7, may sell and assign all or part of its interest hereunder and under the Loan Documents to any Person person or entity (an “Assignee”), subject to any restrictions included in Section 11.7. After such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of Agent and Lender hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and Lender shall retain all rights, powers and remedies hereby given. No such assignment by Agent or Lender shall relieve Borrower of any of its obligations hereunder. Lender agrees that in the event of any transfer by it of the Note(s)(if any), it will endorse thereon a notation as to the portion of the principal of the Note(s), which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.
Appears in 1 contract
Assignment of Rights. Each Borrower acknowledges and understands that Agent or the Lender may, subject to Section 11.7, may sell and assign all or part of its interest hereunder and under the Notes and Loan Documents to any Person person or entity (an “Assignee”). After such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of Agent and the Lender hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and the Lender shall retain all rights, powers and remedies hereby given. No such assignment by Agent or the Lender shall relieve any Borrower of any of its obligations hereunder. The Lender agrees that in the event of any transfer by it of the Note(s)(if any)Notes, it will endorse thereon a notation as to the portion of the principal of the Note(s)Notes, which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.
Appears in 1 contract
Samples: Loan and Security Agreement (Anthera Pharmaceuticals Inc)
Assignment of Rights. Borrower acknowledges and understands that Agent or Lender Lenders may, subject to Section 11.7, sell and assign all or part of its interest hereunder and under the Loan Documents to any Person or entity (an “Assignee”). After such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies remedies, and subject to all obligations (including the obligations set forth under Section 7 of Addendum 1 attached hereto), of Agent and Lender Lenders hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and Lender Lenders shall retain all rights, powers and remedies hereby given. No such assignment by Agent or Lender Xxxxxxx shall relieve Borrower of any of its obligations hereunder. Lender agrees Lenders agree that in the event of any transfer by it of the Note(s)(if any)any promissory notes, it will shall endorse thereon a notation as to the portion of the principal of the Note(s)such promissory notes, which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.
Appears in 1 contract
Assignment of Rights. Borrower Each Loan Party acknowledges and understands that Agent or Lender may, subject to Section 11.711.07, sell and assign all or part of its interest hereunder and under the Loan Documents to any Person or entity (an “Assignee”). After such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of Agent and Lender hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and Lender shall retain all rights, powers and remedies hereby given. No such assignment by Agent or Lender shall relieve Borrower any Loan Party of any of its obligations hereunder. Lender agrees that in the event of any transfer by it of the Note(s)(if Note(s) (if any), it will endorse thereon a notation as to the portion of the principal of the Note(s), which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.
Appears in 1 contract
Samples: Loan and Security Agreement (Myovant Sciences Ltd.)
Assignment of Rights. Each Borrower acknowledges and understands that Agent or Lender the Lenders may, subject to Section 11.7, sell and assign all or part of its interest hereunder and under the Loan Documents to any Person or entity (an “Assignee”). After such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of Agent and Lender the Lenders hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and Lender the Lenders shall retain all rights, powers and remedies hereby given. No such assignment by Agent or Lender the Lenders shall relieve any Borrower of any of its obligations hereunder. Lender the Lenders agrees that in the event of any transfer by it of the Note(s)(if promissory note(s) (if any), it will endorse thereon a notation as to the portion of the principal of the Note(spromissory note(s), which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.
Appears in 1 contract
Samples: Loan and Security Agreement (Proteostasis Therapeutics, Inc.)
Assignment of Rights. Borrower acknowledges and understands that Agent or Lender may, subject to Section 11.7, sell and assign all or part of its interest hereunder and under the Loan Documents to any Person or entity (an “"Assignee”"). After such assignment the term “"Agent” " or “"Lender” " as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of Agent and Lender hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and Lender shall retain all rights, powers and remedies hereby given. No such assignment by Agent or Lender shall relieve Borrower of any of its obligations hereunder. Lender agrees that in the event of any transfer by it of the Note(s)(if Note(s) (if any), it will endorse thereon a notation as to the portion of the principal of the Note(s), which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.
Appears in 1 contract
Assignment of Rights. Borrower acknowledges and understands that Agent or Lender may, subject to Section 11.7, sell and assign all or part of its interest hereunder and under the Loan Documents to any Person or entity (an “Assignee”). After such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of Agent and Lender hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and Lender shall retain all rights, powers and remedies hereby given. No such assignment by Agent or Lender shall relieve Borrower of any of its obligations hereunder. Lender agrees that in the event of any transfer by it of the Note(s)(if any), it will endorse thereon a notation as to the portion of the principal of the Note(s), which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.. *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. 57
Appears in 1 contract
Assignment of Rights. Borrower acknowledges and understands that Agent or Lender the Lenders may, subject to Section 11.7, sell and assign all or part of its interest hereunder and under the Loan Documents to any Person or entity (an “Assignee”). After such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of Agent and Lender the Lenders hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and Lender the Lenders shall retain all rights, powers and remedies hereby given. No such assignment by Agent or Lender the Lenders shall relieve Borrower of any of its obligations hereunder. Each Lender agrees that in the event of any transfer by it of US-DOCS\132047445.10 the Note(s)(if promissory note(s) (if any), it will endorse thereon a notation as to the portion of the principal of the Note(spromissory note(s), which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.
Appears in 1 contract
Assignment of Rights. Borrower acknowledges Boxxxxxx xcknowledges and understands that the Agent or Lender Lenders may, subject to Section 11.7, sell and assign all or part of its interest hereunder and under the Loan Documents to any Person or entity (an “Assignee”). After such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of the Agent and Lender Lenders hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, the Agent and Lender Lenders shall retain all rights, powers and remedies hereby given. No such assignment by the Agent or any Lender shall relieve Borrower of any of its obligations hereunder. Each Lender agrees that in the event of any transfer by it of the Note(s)(if promissory note(s) (if any), it will endorse thereon a notation as to the portion of the principal of the Note(spromissory note(s), which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.
Appears in 1 contract
Samples: Loan and Security Agreement (Oak Street Health, Inc.)
Assignment of Rights. Borrower acknowledges and understands that Agent or Lender the Lenders may, subject to Section 11.7, sell and assign all or part of its interest hereunder and under the Loan Documents to any Person or entity (an “Eligible Assignee”). After such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Eligible Assignee, and such Eligible Assignee shall be vested with all rights, powers and remedies of Agent and Lender the Lenders hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and Lender the Lenders shall retain all rights, powers and remedies hereby given. No such assignment by Agent or Lender the Lenders shall relieve Borrower of any of its obligations hereunder. Lender agrees The Lenders agree that in the event of any transfer by it of the Note(s)(if any), it will endorse thereon a notation as to the portion of the principal of the Note(s), which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.
Appears in 1 contract
Assignment of Rights. Borrower acknowledges and understands that Agent or Lender the Lenders may, subject to Section 11.7, sell and assign all or part of its interest hereunder and under the Loan Documents to any Person or entity (an “Assignee”). After such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of Agent and Lender the Lenders hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and Lender the Lenders shall retain all rights, powers and remedies hereby given. No such assignment by Agent or Lender the Lenders shall relieve Borrower of any of its obligations hereunder. Lender agrees The Lenders agree that in the event of any transfer by it of the Note(s)(if any), it will endorse thereon a notation as to the portion of the principal of the Note(s), which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.. 11.14
Appears in 1 contract
Samples: Loan and Security Agreement (X4 Pharmaceuticals, Inc)
Assignment of Rights. Borrower Xxxxxxxx acknowledges and understands that the Agent or Lender Lenders may, subject to Section 11.7, sell and assign all or part of its interest hereunder and under the Loan Documents to any Person or entity (an “Assignee”). After such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of the Agent and Lender Lenders hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, the Agent and Lender Lenders shall retain all rights, powers and remedies hereby given. No such assignment by the Agent or any Lender shall relieve Borrower of any of its obligations hereunder. Each Lender agrees that in the event of any transfer by it of the Note(s)(if promissory note(s) (if any), it will endorse thereon a notation as to the portion of the principal of the Note(spromissory note(s), which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.
Appears in 1 contract
Samples: Loan and Security Agreement (Oak Street Health, Inc.)
Assignment of Rights. Borrower Each Loan Party acknowledges and understands that Agent or Lender may, subject to Section 11.7, sell and assign all or part of its interest hereunder and under the Loan Documents to any Person or entity (an “Assignee”). After such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of Agent and Lender Xxxxxx hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and Lender shall retain all rights, powers and remedies hereby given. No such assignment by Agent or Lender shall relieve Borrower any Loan Party of any of its obligations hereunder. Lender Xxxxxx agrees that in the event of any transfer by it of the Note(s)(if Note(s) (if any), it will endorse thereon a notation as to the portion of the principal of the Note(s), which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.
Appears in 1 contract
Samples: Joinder Agreement (Mesoblast LTD)
Assignment of Rights. Borrower acknowledges and understands that Agent or Lender may, subject to Section 11.7, may sell and assign all or part of its interest hereunder and under the Note(s) and Loan Documents to any Person person or entity other than a person or entity reasonably deemed by Lender to be a direct competitor of Borrower (an “Assignee”); provided, that Hercules shall not sell or assign any rights pursuant to Section 8 of this Agreement without the consent of the Borrower. After such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of Agent and Lender hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and Lender shall retain all rights, powers and remedies hereby given. No such assignment by Agent or Lender shall relieve Borrower of any of its obligations hereunder. Lender agrees that in the event of any transfer by it of the Note(s)(if anyNote(s), it will endorse thereon a notation as to the portion of the principal of the Note(s), which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.
Appears in 1 contract
Samples: Loan and Security Agreement (Aveo Pharmaceuticals Inc)
Assignment of Rights. Borrower acknowledges and understands that Agent or Lender maythat, subject to the terms and conditions set forth in Section 11.7, Lender may sell and assign all or part of its interest hereunder and under the Loan Documents to any Person person or entity (an “Assignee”). After such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of Agent and Lender hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and Lender shall retain all rights, powers and remedies hereby given. No such assignment by Agent or Lender shall relieve Borrower of any of its obligations hereunder. Lender agrees that in the event of any transfer by it of the Note(s)(if Note(s) (if any), it will endorse thereon a notation as to the portion of the principal of the Note(s), which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.
Appears in 1 contract
Samples: Loan and Security Agreement (Cell Therapeutics Inc)
Assignment of Rights. Each Borrower acknowledges and understands that Agent or Lender may, subject to Section 11.7, sell and assign all or part of its interest hereunder and under the Loan Documents to any Person or entity (an “Assignee”). After such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of Agent and Lender hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and Lender shall retain all rights, powers and remedies hereby given. No such assignment by Agent or Lender shall relieve any Borrower of any of its obligations hereunder. Lender agrees that in the event of any transfer by it of the Note(s)(if any), it will endorse thereon a notation as to the portion of the principal of the Note(s), which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.
Appears in 1 contract
Assignment of Rights. Borrower acknowledges and understands that Agent or Lender may, subject to Section 11.7, sell and assign all or part of its interest hereunder and under the Loan Documents to any Person or entity (an “Assignee”). After such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of Agent and Lender hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and Lender shall retain all rights, powers and remedies hereby given. No such assignment by Agent or Lender shall relieve Borrower of any of its obligations hereunder. Lender agrees that in the event of any transfer by it of the Note(s)(if Note(s) (if any), it will endorse thereon a notation as to the portion of the principal of the Note(s), which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.. 11.14
Appears in 1 contract
Samples: Loan and Security Agreement
Assignment of Rights. Borrower acknowledges and understands that Agent or Lender may, subject to Section 11.7, may sell and assign all or part of its interest hereunder and under the Term Note(s) and Loan Documents to any Person person or entity permitted in accordance with Section 11.7 hereof (an “Assignee”). After such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of Agent and Lender hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and Lender shall retain all rights, powers and remedies hereby given. No such assignment by Agent or Lender shall relieve Borrower of any of its obligations hereunder. Lender agrees that in the event of any transfer by it of the Note(s)(if anyTerm Note(s), it will endorse thereon a notation as to the portion of the principal of the Term Note(s), which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.
Appears in 1 contract
Assignment of Rights. Each Borrower acknowledges and understands that Agent or Lender may, subject to Section 11.7, may sell and assign all or part of its interest hereunder and under the Note(s) and Loan Documents to any Person person or entity (an “Assignee”). After such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of Agent and Lender hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and Lender shall retain all rights, powers and remedies hereby given. No such assignment by Agent or Lender shall relieve any Borrower of any of its obligations hereunder. Lender agrees that in the event of any transfer by it of the Note(s)(if anyNote(s), it will endorse thereon a notation as to the portion of the principal of the Note(s), which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.
Appears in 1 contract
Assignment of Rights. Borrower acknowledges and understands that Agent or Lender the Lenders may, subject to Section 11.7, sell and assign all or part of its interest hereunder and under the Loan Documents to any Person or entity (an “Assignee”). After such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of Agent and Lender the Lenders hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and Lender the Lenders shall retain all rights, powers and remedies hereby given. No such assignment by Agent or Lender the Lenders shall relieve Borrower of any of its obligations hereunder. Each Lender agrees that in the event of any transfer by it of the Note(s)(if promissory note(s) (if any), it will endorse thereon a notation as to the portion of the principal of the Note(spromissory note(s), which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.. 11.15
Appears in 1 contract
Samples: Loan and Security Agreement (G1 Therapeutics, Inc.)
Assignment of Rights. Borrower acknowledges and understands that Agent or Lender the Lenders may, subject to (and in compliance with) Section 11.7, sell and assign all or part of its interest hereunder and under the Loan Documents to any Person or entity (an “Assignee”). After such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of Agent and Lender the Lenders hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and Lender the Lenders shall retain all rights, powers and remedies hereby given. No such assignment by Agent or Lender the Lenders shall relieve Borrower of any of its obligations hereunder. Each Lender agrees that in the event of any transfer by it of the Note(s)(if promissory note(s) (if any), it will endorse thereon a notation as to the portion of the principal of the Note(spromissory note(s), which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.
Appears in 1 contract
Samples: Loan and Security Agreement (Replimune Group, Inc.)
Assignment of Rights. Borrower acknowledges and understands that Agent or the Lender may, subject to Section 11.7, sell and assign all or part of its interest hereunder and under the Loan Documents to any Person or entity (an “Assignee”). After such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of Agent and the Lender hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and the Lender shall retain all rights, powers and remedies hereby given. No such assignment by Agent or the Lender shall relieve Borrower of any of its obligations hereunder. Lender agrees that in the event of any transfer by it of the Note(s)(if promissory note(s) (if any), it will endorse thereon a notation as to the portion of the principal of the Note(spromissory note(s), which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.
Appears in 1 contract
Samples: Loan and Security Agreement (Communications Systems Inc)
Assignment of Rights. Borrower Each Loan Party acknowledges and understands that Agent or Lender Lenders may, subject to Section 11.7, sell and assign all or part of its interest hereunder and under the Loan Documents to any Person or entity (an “Assignee”). After such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of Agent and Lender Xxxxxxx hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and Lender Lenders shall retain all rights, powers and remedies hereby given. No such assignment by Agent or Lender Lenders shall relieve Borrower any Loan Party of any of its obligations hereunder. Lender agrees Xxxxxxx agree that in the event of any transfer by it of the Note(s)(if promissory note(s) (if any), it will endorse thereon a notation as to the portion of the principal of the Note(spromissory note(s), which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.
Appears in 1 contract
Assignment of Rights. Borrower acknowledges and understands that Agent or Lender may, subject to Section 11.710.7, sell and assign all or part of its interest hereunder and under the Loan Documents to any Person or entity (an “Assignee”). After such assignment the term “Agent” or “Lender” as used in the Loan Documents shall mean and include such Assignee, and such Assignee shall be vested with all rights, powers and remedies of Agent and Lender Xxxxxx hereunder with respect to the interest so assigned; but with respect to any such interest not so transferred, Agent and Lender shall retain all rights, powers and remedies hereby given. No such assignment by Agent or Lender shall relieve Borrower of any of its obligations hereunder. Lender Xxxxxx agrees that in the event of any transfer by it of the Note(s)(if any), it will endorse thereon a notation as to the portion of the principal of the Note(s), which shall have been paid at the time of such transfer and as to the date to which interest shall have been last paid thereon.
Appears in 1 contract