Common use of Protective Payments Clause in Contracts

Protective Payments. If a Borrower fails to obtain the insurance called for by Section 6.5 or fails to pay any premium thereon or fails to pay any other amount which such Borrower is obligated to pay under this Agreement or any other Loan Document or which may be required to preserve the Collateral, Agent may obtain such insurance or make such payment, and all amounts so paid by Agent are protective advances and immediately due and payable, bearing interest at the then highest rate applicable to the Obligations, and secured by the Collateral. Agent will make reasonable efforts to provide Borrower Representative with notice of Agent obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Agent are deemed an agreement to make similar payments in the future or shall constitute a waiver of any Event of Default.

Appears in 4 contracts

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

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Protective Payments. If a Borrower fails to obtain the insurance called for by Section 6.5 or fails to pay any premium thereon or fails to pay any other amount which such Borrower is obligated to pay under this Agreement or any other Loan Document or which may be required to preserve the Collateral, Agent may obtain such insurance or make such payment, and all amounts so paid by Agent are protective advances Lender Expenses and immediately due and payable, bearing interest at the then highest rate applicable to the Obligations, and secured by the Collateral. Agent will make reasonable efforts to provide Borrower Representative with notice of Agent obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Agent are deemed an agreement to make similar payments in the future or shall constitute a Agent’s waiver of any Event of Default.

Appears in 3 contracts

Samples: Loan and Security Agreement (Allurion Technologies Holdings, Inc.), Loan and Security Agreement (Tracon Pharmaceuticals, Inc.), Loan and Security Agreement (Brilliant Earth Group, Inc.)

Protective Payments. If a Borrower fails to obtain the insurance called for by Section 6.5 6.7 or fails to pay any premium thereon or fails to pay any other amount which such Borrower is obligated to pay under this Agreement or any other Loan Document or which may be required to preserve the Collateral, Agent may obtain such insurance or make such payment, and all amounts so paid by Agent are protective advances Lender Expenses and immediately due and payable, bearing interest at the then highest rate applicable to the Obligations, and secured by the Collateral. Agent will make reasonable efforts to provide Borrower Representative with notice of Agent obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Agent are deemed an agreement to make similar payments in the future or shall constitute a Agent’s or and Lender’s waiver of any Event of Default.

Appears in 3 contracts

Samples: Loan and Security Agreement (AtriCure, Inc.), Loan and Security Agreement (Vericel Corp), Loan and Security Agreement (Vericel Corp)

Protective Payments. If a Borrower fails to obtain the insurance called for by Section 6.5 5.6 or fails to pay any premium thereon or fails to pay any other amount which such Borrower is obligated to pay under this Agreement or any other Loan Document or which may be required to preserve the Collateral, Agent may obtain such insurance or make such payment, and all amounts so paid by Agent are protective advances Lenders’ Expenses and immediately due and payable, bearing interest at the then highest rate applicable to the Obligations, and secured by the Collateral. Agent will make reasonable efforts to provide Borrower Representative with notice of Agent obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Agent are deemed an agreement to make similar payments in the future or shall constitute a Agent’s or any Lender’s waiver of any Event of Default.

Appears in 3 contracts

Samples: Loan and Security Agreement (AVROBIO, Inc.), Loan and Security Agreement (Inmune Bio, Inc.), Loan and Security Agreement (MedAvail Holdings, Inc.)

Protective Payments. If a Borrower fails to obtain the insurance called for by Section 6.5 6.7 or fails to pay any premium thereon or fails to pay any other amount which such Borrower is obligated to pay under this Agreement or any other Loan Document or which may be required to preserve the Collateral, Agent Lender may obtain such insurance or make such payment, and all amounts so paid by Agent Lender are protective advances Lender Expenses and immediately due and payable, bearing interest at the then highest rate applicable to the Obligations, and secured by the Collateral. Agent Lender will make reasonable efforts to provide Borrower Representative with notice of Agent Lender obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Agent Lender are deemed an agreement to make similar payments in the future or shall constitute a Lender’s waiver of any Event of Default.

Appears in 3 contracts

Samples: Mezzanine Loan and Security Agreement (Lantronix Inc), Mezzanine Loan and Security Agreement (BigCommerce Holdings, Inc.), Loan and Security Agreement (Anadigics Inc)

Protective Payments. If a Borrower fails to obtain the insurance called for by Section 6.5 or fails to pay any premium thereon or fails to pay any other amount which such Borrower is obligated to pay under this Agreement or any other Loan Document or which may be required to preserve the Collateral, Agent may obtain such insurance or make such payment, and all amounts so paid by Agent are protective advances Lenders’ Expenses and immediately due and payable, bearing interest at the then highest rate applicable to the Obligations, and secured by the Collateral. Agent will make reasonable efforts to provide Borrower Representative with notice of Agent obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Agent are deemed an agreement to make similar payments in the future or shall constitute a Agent’s and/or Lenders’ waiver of any Event of Default.

Appears in 3 contracts

Samples: Mezzanine Loan and Security Agreement (Grove Collaborative Holdings, Inc.), Loan and Security Agreement (Social Capital Suvretta Holdings Corp. I), Loan and Security Agreement (Social Capital Suvretta Holdings Corp. I)

Protective Payments. If a Borrower fails to obtain the insurance called for by Section 6.5 or fails to pay any premium thereon or fails to pay any other amount which such Borrower is obligated to pay under this Agreement or any other Loan Document or which may be required to preserve the Collateral, Agent may obtain such insurance or make such payment, and all amounts so paid by Agent are protective advances Lenders’ Expenses and immediately due and payable, bearing interest at the then highest rate applicable to the Obligations, and secured by the Collateral. Agent will make reasonable efforts to provide Borrower Representative with notice of Agent obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Agent are deemed an agreement to make similar payments in the future or shall constitute a Agent’s or and Lenders’ waiver of any Event of Default.

Appears in 3 contracts

Samples: Mezzanine Loan and Security Agreement (Velo3D, Inc.), Loan and Security Agreement (Taysha Gene Therapies, Inc.), Loan and Security Agreement (Axonics, Inc.)

Protective Payments. If a Borrower fails to obtain the insurance called for by Section 6.5 6.4 or fails to pay any premium thereon or fails to pay any other amount which such Borrower is obligated to pay under this Agreement or any other Loan Document or which may be required to preserve the Collateral, Agent Lender may obtain such insurance or make such payment, and all amounts so paid by Agent Lender are protective advances Lender Expenses and immediately due and payable, bearing interest at the then highest rate applicable to the Obligations, and secured by the Collateral. Agent Lender will make reasonable efforts to provide Borrower Representative with notice of Agent Lender obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Agent Xxxxxx are deemed an agreement to make similar payments in the future or shall constitute a Xxxxxx’s waiver of any Event of Default.

Appears in 2 contracts

Samples: Subordinate Loan and Security Agreement (S&W Seed Co), Subordinate Loan and Security Agreement (S&W Seed Co)

Protective Payments. If a Borrower fails to obtain the insurance called for by Section 6.5 6.7 or fails to pay any premium thereon or fails to pay any other amount which such Borrower is obligated to pay under this Agreement or any other Loan Document or which may be required to preserve the CollateralNote Document, Agent or any Purchaser may obtain such insurance or make such payment, and all amounts so paid by Agent or such Purchaser are protective advances Costs and Expenses and immediately due and payable, bearing interest at the then highest rate applicable to the Obligations, and secured by the Collateral. Agent and Purchasers will make reasonable efforts to provide Borrower Representative with notice of Agent or any such Purchaser obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Agent or any Purchaser are deemed an agreement to make similar payments in the future or shall constitute a Agent’s waiver of any Event of Default.

Appears in 2 contracts

Samples: Note Purchase Agreement (Global Telecom & Technology, Inc.), Note Purchase Agreement (Global Telecom & Technology, Inc.)

Protective Payments. If a Borrower fails to obtain the insurance called for by Section 6.5 5.6 or fails to pay any premium thereon or fails to pay any other amount which such Borrower is obligated to pay under this Agreement or any other Loan Document or which may be required to preserve the Collateral, Agent may obtain such insurance or make such payment, and all amounts so paid by Agent are protective advances Lenders’ Expenses and immediately due and payable, bearing interest at the then highest rate applicable to the Obligations, and secured by the Collateral. Agent will make reasonable efforts to provide Borrower Representative with notice of Agent obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Agent are deemed an agreement to make similar payments in the future or shall constitute a Agent’s or and Lenders’ waiver of any Event of Default.

Appears in 2 contracts

Samples: Loan and Security Agreement (Liquidia Corp), Contingent Convertible Debt Agreement (Achieve Life Sciences, Inc.)

Protective Payments. If a Borrower fails to obtain the insurance called for by Section 6.5 or fails to pay any premium thereon or fails to pay any other amount which such Borrower is obligated to pay under this Agreement or any other Loan Document or which may be required to preserve the Collateral, Agent may obtain such insurance or make such payment, and all amounts so paid by Agent are protective advances Lender Expenses and immediately due and payable, bearing interest at the then highest rate applicable to the Obligations, and secured by the Collateral. Agent will make reasonable efforts to provide Borrower Representative with notice of Agent obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Agent are deemed an agreement to make similar payments in the future or shall constitute a Agent’s or and Lender’s waiver of any Event of Default.

Appears in 2 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement (Avalara Inc)

Protective Payments. If a Borrower fails to obtain the insurance called for by Section 6.5 or fails to pay any premium thereon or fails to pay any other amount which such Borrower is obligated to pay under this Agreement or any other Loan Document or which may be required to preserve the Collateral, Agent Lender may obtain such insurance or make such payment, and all amounts so paid by Agent Lender are protective advances Lender Expenses and immediately due and payable, bearing interest at the then highest rate applicable to the Obligations, and secured by the Collateral. Agent Lender will make reasonable efforts to provide Borrower Representative with notice of Agent Lender obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Agent Lender are deemed an agreement to make similar payments in the future or shall constitute a Lender’s waiver of any Event of Default.

Appears in 1 contract

Samples: Loan Agreement (Workhorse Group Inc.)

Protective Payments. If a Borrower fails to obtain the insurance called for by Section 6.5 5.6 or fails to pay any premium thereon or fails to pay any other amount which such Borrower is obligated to pay under this Agreement or any other Loan Document or which may be required to preserve the Collateral, Agent may obtain such insurance or make such payment, and all amounts so paid by Agent are protective advances Lenders’ Expenses and immediately due and payable, bearing interest at the then highest rate applicable to the Obligations, and secured by the Collateral. Agent will make reasonable efforts to provide Borrower Representative with notice of Agent obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Agent are deemed an agreement to make similar payments in the future or shall constitute a Agent’s or and Lxxxxxx’ waiver of any Event of Default.

Appears in 1 contract

Samples: 2023 Contingent Convertible Debt Agreement (Achieve Life Sciences, Inc.)

Protective Payments. If a Borrower fails to timely obtain the insurance called for by Section 6.5 6.7 or fails to timely pay any premium thereon or fails to pay any other amount which such Borrower is obligated to pay under this Agreement or any other Loan Document or which may be required to preserve the Collateral, Agent may obtain such insurance or make such payment, and all amounts so paid by Agent are protective advances Expenses and immediately due and payable, bearing interest at the then highest rate applicable to the Obligations, and secured by the Collateral. Agent will make reasonable efforts to provide Borrower Representative with notice of Agent obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Agent are deemed an agreement to make similar payments in the future or shall constitute a Agent’s waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Rocket Lab USA, Inc.)

Protective Payments. If a Borrower fails to obtain the insurance called for by Section 6.5 5.8 or fails to pay any premium thereon or fails to pay any other amount which such Borrower is obligated to pay under this Agreement or any other Loan Document or which may be required to preserve the Collateral, Agent may obtain such insurance or make such payment, and all amounts so paid by Agent are protective advances Lenders’ Expenses and immediately due and payable, bearing interest at the then highest rate applicable to the Obligations, and secured by the Collateral. Agent will make reasonable efforts to provide Borrower Representative with notice of Agent obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Agent are deemed an agreement to make similar payments in the future or shall constitute a Agent’s and/or Lender’s waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Atlas Crest Investment Corp.)

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Protective Payments. If a Borrower fails to obtain the insurance called for by Section 6.5 6.4 or fails to pay any premium thereon or fails to pay any other amount which such Borrower is obligated to pay under this Agreement or any other Loan Document or which may be required to preserve the Collateral, Agent Lender may obtain such insurance or make such payment, and all amounts so paid by Agent Lender are protective advances Lender Expenses and immediately due and payable, bearing interest at the then highest rate applicable to the Obligations, and secured by the Collateral. Agent Lender will make reasonable efforts to provide Borrower Representative with notice of Agent Lender obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Agent Lender are deemed an agreement to make similar payments in the future or shall constitute a Lender's waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (S&W Seed Co)

Protective Payments. If a Borrower fails to obtain the insurance called for by Section 6.5 or fails to pay any premium thereon or fails to pay any other amount which such Borrower is obligated to pay under this Agreement or any other Loan Document or which may be required to preserve the Collateral, Agent may obtain such insurance or make such payment, and all amounts so paid by Agent are protective advances Lenders’ Expenses and immediately due and payable, bearing interest at the then highest rate applicable to the Obligations, and secured by the Collateral. Agent will make reasonable efforts to provide Borrower Representative with notice of Agent obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Agent are deemed an agreement to make similar payments in the future or shall constitute a Agent’s or Lender’s waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Alx Oncology Holdings Inc)

Protective Payments. If a Borrower fails to obtain the insurance called for by Section 6.5 or fails to pay any premium thereon or fails to pay any other amount which such Borrower is obligated to pay under this Agreement or any other Loan Document or which may be required to preserve the Collateral, Agent may obtain such insurance or make such payment, and all amounts so paid by Agent are protective advances Lenders’ Expenses and immediately due and payable, bearing interest at the then highest rate applicable to the Obligations, and secured by the Collateral. Agent will make reasonable efforts to provide Borrower Representative with notice of Agent obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Agent are deemed an agreement to make similar payments in the future or shall constitute a Agent’s or and Lender’s waiver of any Event of Default.

Appears in 1 contract

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

Protective Payments. If a the Borrower fails to obtain the insurance called for by Section 6.5 or fails to pay any premium thereon or fails to pay any other amount which such the Borrower is obligated to pay under this Agreement or any other Loan Document or which may be required to preserve Document, the Collateral, Agent may obtain such insurance or make such payment, and all amounts so paid by the Agent are protective advances Lender Expenses and immediately due and payable, bearing interest at the then highest rate applicable to the Obligations, and secured by the Collateral. The Agent will make reasonable efforts to provide the Borrower Representative with notice of Agent the Agent’s obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by the Agent are deemed an agreement to make similar payments in the future or shall constitute a any Lender’s waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Novelion Therapeutics Inc.)

Protective Payments. If a Borrower fails to obtain the insurance called for by Section 6.5 or fails to pay any premium thereon or fails to pay any other amount which such Borrower is obligated to pay under this Agreement or any other Loan Document or which may be required to preserve the Collateral, Agent may obtain such insurance or make such payment, and all amounts so paid by Agent are protective advances Lender Expenses and immediately due and payable, bearing interest at the then highest rate applicable to the Obligations, and secured by the Collateral. Agent will make reasonable efforts to provide Borrower Representative with notice of Agent obtaining such insurance at prior to the time it is obtained or within a reasonable time thereafter. No payments by Agent are deemed an agreement to make similar payments in the future or shall constitute a Agent’s waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Colonnade Acquisition Corp.)

Protective Payments. If a Borrower fails to obtain the insurance called for by Section 6.5 5.5 or fails to pay any premium thereon or fails to pay any other amount which such Borrower is obligated to pay under this Agreement or any other Loan Document or which may be required to preserve the Collateral, Agent may obtain such insurance or make such payment, and all amounts so paid by Agent are protective advances Lenders’ Expenses and immediately due and payable, bearing interest at the then highest rate applicable to the Obligations, and secured by the Collateral. Agent will make reasonable efforts to provide Borrower Representative with notice of Agent obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Agent are deemed an agreement to make similar payments in the future or shall constitute a Agent’s or any Lender’s waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Ziopharm Oncology Inc)

Protective Payments. If a Borrower fails to obtain the insurance called for by Section 6.5 6.4 or fails to pay any premium thereon or fails to pay any other amount which such Borrower is obligated to pay under this Agreement or any other Loan Document or which may be required to preserve the Collateral, Agent Lender may obtain such insurance or make such payment, and all amounts so paid by Agent Lender are protective advances Lender Expenses and immediately due and payable, bearing interest at the then highest rate applicable to the Obligations, and secured by the Collateral. Agent Lender will make reasonable efforts to provide Borrower Representative with notice of Agent Lender obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Agent Lxxxxx are deemed an agreement to make similar payments in the future or shall constitute a Lxxxxx’s waiver of any Event of Default.

Appears in 1 contract

Samples: Subordinate Loan and Security Agreement (S&W Seed Co)

Protective Payments. If a Borrower fails to obtain the insurance called for by Section 6.5 or fails to pay any premium thereon or fails to pay any other amount which such Borrower is obligated to pay under this Agreement or any other Loan Document or which may be required to preserve the Collateral, Agent may obtain such insurance or make such payment, and all amounts so paid by Agent are protective advances Lenders' Expenses and immediately due and payable, bearing interest at the then highest rate applicable to the Obligations, and secured by the Collateral. Agent will make reasonable efforts to provide Borrower Representative with notice of Agent obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Agent are deemed an agreement to make similar payments in the future or shall constitute a Agent's or and Lenders' waiver of any Event of Default.

Appears in 1 contract

Samples: Mezzanine Loan and Security Agreement (Nebula Caravel Acquisition Corp.)

Protective Payments. If a Borrower fails to obtain the insurance called for by Section 6.5 or fails to pay any premium thereon or fails to pay any other amount which such Borrower is obligated to pay under this Agreement or any other Loan Document or which may be required to preserve the Collateral, Agent may obtain such insurance or make such payment, and all amounts so paid by Agent are protective advances Lenders’ Expenses and immediately due and payable, bearing interest at the then highest rate applicable to the Obligations, and secured by the Collateral. Agent will make reasonable efforts to provide Borrower Representative with notice of Agent obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Agent are deemed an agreement to make similar payments in the future or shall constitute a Agent’s or and Lenders’ waiver of any Event of Default.. 224419752 v2

Appears in 1 contract

Samples: Mezzanine Loan and Security Agreement (Verrica Pharmaceuticals Inc.)

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