Payment Account Designation. When you initiate a Request you authorize us to charge the designated Account for the amount of the payment, plus any applicable fees and charges imposed by us or by any intermediary bank. Each Request authorizes us and any intermediary bank to obtain payment for fees and expenses, including our and those of any (including subsequent) intermediary bank(s). We and any intermediary bank may obtain payment by issuing a payment order in an amount that is reduced by the amount of these fees and charges. We may but are not obligated to provide you with advance notice of intermediary bank fees and charges. You agree that we may retain or be paid a portion of any fees or charges imposed or collected by an intermediary bank. You agree that if an intermediary bank is used whose fees and charges are not disclosed to you in advance, then we are not liable in any manner whatsoever for any losses or damages you may suffer as a result of that bank’s processing a payment order in an amount less than the payment order given requested by you.
Payment Account Designation. Wxxxx Fargo Bank, N.A. (McLean, VA) ABA #: 100-000-000 Account Name: MidCap Funding IV Trust – Collections Account #: 2000036282803 Attention: Sarepta Therapeutics (Signature Page to Credit and Security Agreement) LENDERS: MIDCAP FINANCIAL TRUST By: Apollo Capital Management, L.P., its investment manager By: Apollo Capital Management GP, LLC, its general partner By: /s/ Mxxxxxx Xxxxxxxx Name: Mxxxxxx Xxxxxxxx Title: Authorized Signatory Address: c/o MidCap Financial Services, LLC, as servicer 7000 Xxxxxxxx Xxxxxx, Xxxxx 000 Xxxxxxxx, Xxxxxxxx 00000 Attn: Account Manager for Sarepta transaction Facsimile: 300-000-0000 E-mail: nxxxxxx@xxxxxxxxxxxxxxx.xxx with a copy to: c/o MidCap Financial Services, LLC, as servicer 7000 Xxxxxxxx Xxxxxx, Xxxxx 000 Xxxxxxxx, Xxxxxxxx 00000 Attn: General Counsel Facsimile: 300-000-0000 E-mail: lxxxxxxxxxxx@xxxxxxxxxxxxxxx.xxx (Signature Page to Credit and Security Agreement) SILICON VALLEY BANK By: /s/ Rxxx Xxxxxx (SEAL) Name: Rxxx Xxxxxx Title: Vice President Silicon Valley Bank 200 Xxxxx Xxxxxx, Xxxxx 0-000 Xxxxxx, XX 00000 Attention: Rxxx Xxxxxx Facsimile: 600-000-0000 Email: rxxxxxx@xxx.xxx ANNEXES, EXHIBITS AND SCHEDULES ANNEXES Annex A Commitment Annex EXHIBITS Exhibit A [Reserved] Exhibit B Form of Compliance Certificate Exhibit C Borrowing Base Certificate Exhibit D Form of Notice of Borrowing SCHEDULES Schedule 1.1(a) Material Agreements Schedule 3.2 Litigation Schedule 3.7 Intellectual Property Schedule 3.8 Products and Regulatory Required Permits Schedule 3.14 Capitalization Schedule 3.19 Environmental Compliance Schedule 4.6(c) Collateral Accounts Schedule 4.13 Post-Closing Obligations Schedule 5.4 Permitted Debt Schedule 5.5 Permitted Liens Schedule 5.7 Permitted Investments Schedule 9.1 Collateral
Payment Account Designation. See attached Signature Page to Credit Agreement EXHIBITS
Payment Account Designation. When you initiate a Request you authorize us to charge the designated Account for the amount of the payment, plus any applicable fees and charges imposed by us or by any intermediary bank (“Payment Account”). You authorize us to debit the Payment Account or any other Account maintained by you with us for the amount of the Request plus any fees or other amounts due us in connection with the W ire Transfer Service. Each Request authorizes us and any intermediary bank to obtain payment for fees and expenses, including ours and those of any (including subsequent) intermediary bank(s). We and any intermediary bank may obtain payment by issuing a Payment Order in an amount that is reduced by the amount of these fees and charges. We may but are not obligated to provide you with advance notice of intermediary bank fees and charges. You agree that we may retain or be paid a portion of any fees or charges imposed or collected by an intermediary bank. You agree that if an intermediary bank is used whose fees and charges are not disclosed to you in advance, then we are not liable in any manner whatsoever for any losses or damages you may suffer as a result of that bank’s processing a Payment Order in an amount less than the Payment Order given or requested by you.
