Common use of Lien Priority Clause in Contracts

Lien Priority. Any Lien created hereunder or by any other Loan Document shall at any time fail to constitute a valid and perfected Lien on any of the Collateral purported to be secured thereby, subject to no prior or equal Lien, other than Permitted Liens which are permitted to have priority in accordance with the terms of this Agreement.

Appears in 100 contracts

Samples: Loan and Security Agreement (Silk Road Medical Inc), Loan and Security Agreement (PROCEPT BioRobotics Corp), Loan and Security Agreement (PROCEPT BioRobotics Corp)

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Lien Priority. Any Lien created hereunder or by any other Loan Document shall at any time fail to constitute a valid and perfected Lien on any of the Collateral purported to be secured thereby, subject to no prior or equal Lien, other than Permitted Liens which are permitted to have priority in accordance with the terms of this AgreementLiens.

Appears in 18 contracts

Samples: Loan and Security Agreement (Transenterix Inc.), Loan and Security Agreement (Vitae Pharmaceuticals, Inc), Loan and Security Agreement (Vitae Pharmaceuticals, Inc)

Lien Priority. Any Lien created hereunder or by any other Loan Document shall at any time fail to constitute a valid and perfected Lien on any of the Collateral purported to be secured thereby, subject to no prior or equal Lien, other than Permitted Liens which are permitted to have priority in accordance with the terms of this Agreement; provided that such circumstance is not due to Collateral Agent’s failure to file an appropriate continuation financing statement, amendment financing statement or initial financing statement.

Appears in 14 contracts

Samples: Loan and Security Agreement (Syros Pharmaceuticals, Inc.), Loan and Security Agreement (Lexicon Pharmaceuticals, Inc.), Loan and Security Agreement (Locust Walk Acquisition Corp.)

Lien Priority. Any Lien created hereunder or by any other Loan Document shall at any time fail to constitute a valid and perfected Lien on any of the Collateral purported to be secured thereby, subject to no prior or equal Lien, other than Permitted Liens which are permitted to have priority in accordance with the terms of this Agreement, provided that such circumstance is not due to Collateral Agent’s failure to file an appropriate continuation financing statement, amendment financing statement or initial financing statement.

Appears in 12 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement (Restoration Robotics Inc), Loan and Security Agreement (CymaBay Therapeutics, Inc.)

Lien Priority. Any Except as the result of the action or inaction of the Collateral Agent or the Lenders, any Lien created hereunder or by any other Loan Document shall at any time fail to constitute a valid and perfected Lien on any of the Collateral purported to be secured thereby, subject to no prior or equal Lien, other than Permitted Liens which are permitted to have priority in accordance with the terms arising as a matter of this Agreementapplicable law.

Appears in 11 contracts

Samples: Loan and Security Agreement (Neuronetics, Inc.), Loan and Security Agreement (Neuronetics, Inc.), Loan and Security Agreement (Rezolute, Inc.)

Lien Priority. Any Lien created hereunder or by any other Loan Document shall at any time fail to constitute a valid and perfected Lien on any of the Collateral purported to be secured thereby, subject to no prior or equal Lien, other than Permitted Liens which are permitted to have priority in accordance with the terms of this Agreement.; or

Appears in 10 contracts

Samples: Loan and Security Agreement (Learn SPAC HoldCo, Inc.), Loan and Security Agreement (Centogene N.V.), Loan and Security Agreement (Impel Neuropharma Inc)

Lien Priority. Any Except as permitted by Agent, any Lien created hereunder or by any other Loan Document shall at any time fail to constitute a valid and perfected Lien on any all of the Collateral purported to be secured thereby, subject to no prior or equal Lien, other than Permitted Liens which are permitted to have priority in accordance with the terms of this Agreement.; or

Appears in 6 contracts

Samples: Loan and Security Agreement (Regado Biosciences Inc), Loan and Security Agreement (Regado Biosciences Inc), Loan and Security Agreement (Epicept Corp)

Lien Priority. Any Except as the result of the action or inaction of the Collateral Agent or the Lenders, any Lien created hereunder or by any other Loan Document shall at any time fail to constitute a valid and perfected Lien on any of the Collateral purported to be secured thereby, subject to no prior or equal Lien, other than Permitted Liens which arising as a matter of applicable law or that are permitted to have priority in accordance with the terms of pursuant to this Agreement.

Appears in 4 contracts

Samples: Loan and Security Agreement (Senseonics Holdings, Inc.), Loan and Security Agreement (Senseonics Holdings, Inc.), Loan and Security Agreement (Apollo Endosurgery, Inc.)

Lien Priority. Any Except as permitted by Agent, any Lien created hereunder or by any other Loan Document shall at any time fail to constitute a valid and perfected Lien on any all of the Collateral purported to be secured thereby, subject to no prior or equal Lien, other than Permitted Liens which are permitted to have priority in accordance with the terms of this Agreement.; or

Appears in 4 contracts

Samples: Loan and Security Agreement (Nupathe Inc.), Loan and Security Agreement (Nupathe Inc.), Loan and Security Agreement (Nupathe Inc.)

Lien Priority. Any Lien created hereunder or by any other Loan Document shall at any time fail to constitute a valid and perfected Lien on any of the Collateral purported to be secured thereby, subject to no prior or equal Lien, other than Permitted Liens which are permitted to have priority in accordance with the terms of this Agreement; provided, this Event of Default shall not apply to the extent any defective perfection has resulted from the acts of Collateral Agent or any Lender.

Appears in 3 contracts

Samples: Loan and Security Agreement (Cerus Corp), Loan and Security Agreement (NeoStem, Inc.), Loan and Security Agreement (Cerus Corp)

Lien Priority. Any Except as the result of the action or inaction of the Collateral Agent or the Lenders, any Lien created hereunder or by any other Loan Document shall at any time fail to constitute a valid and perfected Lien (to the extent required to be perfected) on any of the material Collateral purported to be secured thereby, subject to no prior or equal Lien, other than Permitted Liens which are permitted to have priority in accordance with the terms arising as a matter of this Agreementapplicable law.

Appears in 3 contracts

Samples: Loan and Security Agreement (Ardelyx, Inc.), Loan and Security Agreement (Ardelyx, Inc.), Loan and Security Agreement (Achaogen Inc)

Lien Priority. Any Lien created hereunder or by any other Loan Document shall at any time fail to constitute a valid and perfected Lien on any of the Collateral purported to be secured thereby, subject to no prior or equal Lien, other than Permitted Liens which are permitted to have priority in accordance with the terms of this Agreement.. [***]=Certain Confidential Information Omitted

Appears in 3 contracts

Samples: Loan and Security Agreement (Castle Biosciences Inc), Loan and Security Agreement (Castle Biosciences Inc), Loan and Security Agreement (Castle Biosciences Inc)

Lien Priority. Any Lien created hereunder or by any other Loan Document shall at any time fail to constitute a valid and perfected first Lien on any of the Collateral purported to be secured thereby, subject to no prior or equal Lien, other than Permitted Liens which are permitted to have priority in accordance with the terms or liens arising as a matter of this Agreementapplicable law.

Appears in 3 contracts

Samples: Subordinated Business Loan and Security Agreement (Blue Star Foods Corp.), Business Loan and Security Agreement (Biofrontera Inc.), Business Loan and Security Agreement (Biofrontera Inc.)

Lien Priority. Any Except as the result of any action or inaction by Collateral Agent or any Lender, any Lien created hereunder or by any other Loan Document shall at any time fail to constitute a valid and perfected Lien on any of the Collateral purported to be secured thereby, subject to no prior or equal Lien, other than Permitted Liens which are permitted to have priority in accordance with the terms of this Agreement.

Appears in 3 contracts

Samples: Loan and Security Agreement (Prometheus Biosciences, Inc.), Loan and Security Agreement (Prometheus Biosciences, Inc.), Loan and Security Agreement (Prometheus Biosciences, Inc.)

Lien Priority. Any Lien created hereunder or by any other Loan Document shall at any time fail to constitute a valid and perfected Lien on any of the Collateral purported to be secured thereby, subject to no prior or equal Lien, other than Permitted Liens which are permitted to have priority in accordance with the terms of this Agreement.;

Appears in 3 contracts

Samples: Loan and Security Agreement (Halozyme Therapeutics Inc), Loan and Security Agreement (Regulus Therapeutics Inc.), Loan and Security Agreement (Cytori Therapeutics, Inc.)

Lien Priority. Any Except as permitted by Agent, any Lien created hereunder or by any other Loan Document shall at any time fail to constitute a valid and perfected Lien on any all of the Collateral purported to be secured thereby, subject to no prior or equal Lien, other than Permitted Liens which are permitted to have priority in accordance with the terms of this Agreement.;

Appears in 3 contracts

Samples: Loan and Security Agreement (Furiex Pharmaceuticals, Inc.), Loan and Security Agreement (Kalobios Pharmaceuticals Inc), Loan and Security Agreement (Furiex Pharmaceuticals, Inc.)

Lien Priority. Any Except as the result of the action of the Collateral Agent or the Lenders, any Lien created hereunder or by any other Loan Document shall at any time fail to constitute a valid and perfected Lien on any non-immaterial portion of the Collateral that is purported to be secured thereby, subject to no prior or equal Lien, other than Permitted Liens which are permitted to have priority in accordance with Liens. For the terms avoidance of this Agreementdoubt, no Revenue Target Violation shall constitute a Default or Event of Default.

Appears in 2 contracts

Samples: Loan and Security Agreement (Rapid Micro Biosystems, Inc.), Loan and Security Agreement (Rapid Micro Biosystems, Inc.)

Lien Priority. Any Lien created hereunder or by any other Loan Document shall at any time fail to constitute a valid and perfected Lien on any of the Collateral purported to be secured thereby, to the extent such perfection is required in this Agreement or the Loan Documents (including, without limitation, pursuant to Section 4.1 of this Agreement), subject to no prior or equal Lien, other than Permitted Liens which are permitted to have priority in accordance with the terms of this Agreement.;

Appears in 2 contracts

Samples: Loan and Security Agreement (Immunocore LTD), Loan and Security Agreement (Immunocore LTD)

Lien Priority. Any Except as permitted by Agent, any Lien created hereunder or by any other Loan Document shall at any time fail to constitute a valid and perfected Lien on any all of the Collateral purported to be secured thereby, subject to no prior or equal Lien, other than Permitted Liens which are permitted to have priority in accordance with the terms of this Agreement.

Appears in 2 contracts

Samples: Loan and Security Agreement (Peregrine Pharmaceuticals Inc), Loan and Security Agreement (Peregrine Pharmaceuticals Inc)

Lien Priority. Any Lien created hereunder or by any other Loan Document shall at any time fail to constitute a valid and perfected first Lien on any of the Collateral purported to be secured thereby, subject to no prior or equal Lien, other than Permitted Liens which are permitted to have priority in accordance with the terms arising as a matter of this Agreement.applicable law;

Appears in 2 contracts

Samples: Confessed Judgment Guaranty Agreement (Amphitrite Digital Inc), Confessed Judgment Guaranty Agreement (Amphitrite Digital Inc)

Lien Priority. Any Lien created hereunder or by any other Loan Document shall at any time fail to constitute a valid and perfected Lien on any of the Collateral purported to be secured thereby, subject to no prior or equal Lien, other than Permitted Liens which are permitted to have priority in accordance with the terms arising as a matter of this Agreementapplicable law.

Appears in 2 contracts

Samples: Loan and Security Agreement (Axcella Health Inc.), Loan and Security Agreement (Axcella Health Inc.)

Lien Priority. Any Lien created hereunder or by any other Loan Document shall at any time fail to constitute a valid and perfected Lien on any of the Collateral purported to be secured thereby, subject to no prior or equal other Lien, other than Permitted Liens which are permitted to have priority in accordance with the terms of this AgreementLiens.

Appears in 2 contracts

Samples: Loan and Security Agreement (Acceleron Pharma Inc), Loan and Security Agreement (Acceleron Pharma Inc)

Lien Priority. Any Lien created hereunder or by any other Loan Document shall at any time fail to constitute a valid and perfected Lien on any all of the Collateral purported to be secured thereby, subject to no prior or equal LienLien except Permitted Liens, other than Permitted Liens which are permitted to have priority in accordance with the terms of this Agreementor any Borrower shall so assert.

Appears in 2 contracts

Samples: Loan and Security Agreement (Poniard Pharmaceuticals, Inc.), Loan and Security Agreement (Inspire Pharmaceuticals Inc)

Lien Priority. Any Lien created hereunder or by any other Loan Document shall at any time fail to constitute a valid and perfected Lien on any of the Collateral purported to be secured therebythereby (other than as a result of any act or omission of Agent or Lenders), subject to no prior or equal Lien, other than Permitted Liens which are permitted to have priority in accordance with the terms of this Agreement.Liens;

Appears in 2 contracts

Samples: Loan and Security Agreement (Hansen Medical Inc), Loan and Security Agreement (Hansen Medical Inc)

Lien Priority. Any Except as the result of the action or inaction of the Collateral Agent or the Lenders, any Lien created hereunder or by any other Loan Document shall at any time fail to constitute a valid and perfected Lien (to the extent required to be perfected) on any of the Collateral purported to be secured thereby, subject to no prior or equal Lien, other than Permitted Liens which arising as a matter of applicable law or that are explicitly permitted to have priority in accordance with the terms of pursuant to this Agreement.

Appears in 2 contracts

Samples: Loan and Security Agreement (Spectrum Pharmaceuticals Inc), Loan and Security Agreement (Arcutis Biotherapeutics, Inc.)

Lien Priority. Any Lien created hereunder or by any other Loan Document shall at any time fail to constitute a valid and perfected Lien on any of the Collateral purported to be secured thereby, subject to no prior or equal Lien, other than Permitted Liens which are permitted to have priority in accordance with the terms of this Agreement; provided that such circumstance is not solely due to Collateral Agent’s failure to file an appropriate continuation financing statement, amendment financing statement or initial financing statement.

Appears in 2 contracts

Samples: Loan and Security Agreement (Vera Therapeutics, Inc.), Loan and Security Agreement (Vera Therapeutics, Inc.)

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Lien Priority. Any Except as permitted by Collateral Agent, any Lien created hereunder or by any other Loan Document shall at any time fail to constitute a valid and perfected Lien on any all of the Collateral purported to be secured thereby, subject to no prior or equal Lien, other than Permitted Liens which are permitted to have priority in accordance with the terms of this AgreementLiens.

Appears in 2 contracts

Samples: Loan Modification Agreement (PTC Therapeutics, Inc.), Loan Modification Agreement (PTC Therapeutics, Inc.)

Lien Priority. Any Lien created hereunder or by any other Loan Document shall at any time fail to constitute a valid and perfected Lien on any of the Collateral purported to be secured thereby, subject to no prior or equal Lien, other than Lien (it being acknowledged that the Collateral may be subject to Permitted Liens which are permitted to have priority in accordance with the terms of this AgreementLiens).

Appears in 2 contracts

Samples: Loan and Security Agreement (Nalu Medical, Inc.), Loan and Security Agreement (Nalu Medical, Inc.)

Lien Priority. Any Lien created hereunder or by any other Loan Document in favor of Collateral Agent or Lenders shall at any time fail to constitute a valid and perfected Lien on any of the Collateral purported to be secured thereby, subject to no prior or equal Lien, other than Lien (the Collateral may also be subject to Permitted Liens which are permitted to have priority in accordance with the terms of this Agreement.Liens); or

Appears in 1 contract

Samples: Loan and Security Agreement (Viracta Therapeutics, Inc.)

Lien Priority. Any Lien created hereunder or by any other Loan Document shall at any time fail to constitute a valid and perfected Lien on any of the Collateral purported to be secured thereby, subject to no prior or equal Lien, other than Permitted Liens which are permitted to have priority in accordance with the terms of this Agreement.; provided that such circumstance is not due to Collateral Agent’s failure to file an appropriate continuation financing statement, amendment financing statement or initial financing statement; or

Appears in 1 contract

Samples: Loan and Security Agreement (Mersana Therapeutics, Inc.)

Lien Priority. Any Subject to the Legal Reservations, any Lien created hereunder or by any other Loan Document shall at any time fail to constitute a valid and perfected Lien on any of the Collateral purported to be secured thereby, subject to no prior or equal Lien, other than Permitted Liens which are permitted to have priority in accordance with the terms of this Agreement; provided that such circumstance is not due to Collateral Agent’s failure to file an appropriate continuation financing statement, amendment financing statement or initial financing statement.

Appears in 1 contract

Samples: Loan and Security Agreement (Verona Pharma PLC)

Lien Priority. Any Except as the result of the action or inaction of the Collateral Agent or the Lenders, any Lien created hereunder or by any other Loan Document shall at any time fail to constitute a valid and perfected Lien on any of the Collateral purported to be secured thereby, subject to no prior or equal Lien, other than Permitted Liens which are permitted to have priority in accordance with the terms of this AgreementLiens.

Appears in 1 contract

Samples: Loan and Security Agreement (GenMark Diagnostics, Inc.)

Lien Priority. Any Lien created hereunder or by any other Loan Document shall at any time fail to constitute a valid and perfected Lien on any of the Collateral purported to be secured thereby, subject to no prior or equal Lien, other than Permitted Liens which that are permitted to have priority in accordance with by the terms of this AgreementAgreement to have priority to Collateral Agent’s Lien.

Appears in 1 contract

Samples: Loan and Security Agreement (Neuronetics, Inc.)

Lien Priority. Any Except as the result of the action or inaction of the Collateral Agent or the Lenders, any Lien created hereunder or by any other Loan Document shall at any time time, after the completion of the obligations set out in Section 3.5, fail to constitute a valid and perfected Lien on any of the Collateral purported to be secured thereby, subject to no prior or equal Lien, other than Permitted Liens which arising as a matter of applicable law or that are permitted to have priority in accordance with the terms of pursuant to this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Gamida Cell Ltd.)

Lien Priority. Any Lien created hereunder or by any other Loan Document shall at any time fail to constitute a valid and perfected Lien on any of the Collateral purported to be secured thereby, subject to no prior or equal Lien, other than Permitted Liens which are permitted to have priority in accordance with the terms of this Agreement.Liens; or

Appears in 1 contract

Samples: Loan and Security Agreement (Ligand Pharmaceuticals Inc)

Lien Priority. Any Lien created hereunder or by any other Loan Document shall at any time time, other than as a result of any action or inaction of Collateral Agent or any Lender, fail to constitute a valid and perfected Lien on any of the Collateral purported to be secured thereby, subject to no prior or equal other Lien, other than Permitted Liens which are permitted to have priority in accordance with the terms of this AgreementLiens.

Appears in 1 contract

Samples: Loan and Security Agreement (Peregrine Pharmaceuticals Inc)

Lien Priority. Any Lien created hereunder or by any other Loan Document shall at any time fail to constitute a valid and perfected Lien on any of the Collateral purported to be secured thereby, subject to no prior or equal Lien, other than Permitted Liens which are permitted to have priority in accordance with the terms of this Agreement, or by operation of law.

Appears in 1 contract

Samples: Loan and Security Agreement (Celsion CORP)

Lien Priority. Any Lien created hereunder or by any other Loan Document shall at any time fail to constitute a valid and perfected Lien on any of the Collateral purported to be secured thereby, subject to no prior or equal Lien, other than Permitted Liens which are permitted to have priority in accordance with the terms of this AgreementAgreement and/or by operation of law.

Appears in 1 contract

Samples: Loan and Security Agreement (Otonomy, Inc.)

Lien Priority. Any Lien created hereunder or by any other Loan Document shall at any time fail to constitute a valid and perfected Lien on any of the Collateral (other than with respect to perfection of the security interest on the Shares of any Foreign Subsidiary or any Foreign Intellectual Property) purported to be secured thereby, subject to no prior or equal Lien, other than Permitted Liens which are permitted to have priority in accordance with the terms of this AgreementAgreement or by operation of law and except to the extent as a result of any action or inaction by Collateral Agent or any Lender.

Appears in 1 contract

Samples: Loan and Security Agreement (Reata Pharmaceuticals Inc)

Lien Priority. Any Except as the result of the action or inaction of Collateral Agent or the Lenders, any Lien created hereunder or by any other Loan Document shall at any time fail to constitute a valid and perfected Lien on any of the Collateral purported to be secured thereby, subject to no prior or equal Lien, other than Permitted Liens which are permitted Liens, subject to have priority in accordance with the terms of this Agreementthe Loan Documents.

Appears in 1 contract

Samples: Loan and Security Agreement (SI-BONE, Inc.)

Lien Priority. Any Lien created hereunder or by any other Loan Document shall at any time fail to constitute a valid and perfected Lien on any of the Collateral (other than with respect to perfection of the security interest on the Shares of any Foreign Subsidiary) purported to be secured thereby, subject to no prior or equal Lien, other than Permitted Liens which are permitted to have priority in accordance with the terms of this AgreementAgreement or by operation of law and except to the extent as a result of any action or inaction by Collateral Agent or any Lender.

Appears in 1 contract

Samples: Loan and Security Agreement (Reata Pharmaceuticals Inc)

Lien Priority. Any Lien Liens relating to a material portion of Collateral created or purported to have been created hereunder or by under any other of the Loan Document Documents shall at for any time fail reason cease to constitute a be or are not valid and perfected first priority Lien on any of the Collateral purported (subject only to be secured thereby, subject to no prior or equal Lien, other than Permitted Liens which are permitted to have priority in accordance with the terms of this Agreement.Liens);

Appears in 1 contract

Samples: Loan and Security Agreement (Teletouch Communications Inc)

Lien Priority. Any Lien created hereunder or by any other Loan Document shall at any time fail to constitute a valid and perfected Lien on any material portion of the Collateral purported to be secured thereby, subject to no prior or equal Lien, other than Permitted Liens which are permitted to have priority in accordance with the terms of this Agreement.; provided that such circumstance is not due to Collateral Agent’s failure to file an appropriate continuation financing statement, amendment financing statement or initial financing statement;

Appears in 1 contract

Samples: Loan and Security Agreement (Pliant Therapeutics, Inc.)

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