Common use of Protective Payments Clause in Contracts

Protective Payments. If 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 Borrower is obligated to pay under this Agreement or any other Loan Document, Lender may obtain such insurance or make such payment, and all amounts so paid by Lender are Lender’s Expenses and immediately due and payable, bearing interest at the then highest applicable rate, and secured by the Collateral. Lender will make reasonable efforts to provide Borrower with notice of Lender obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Lender are deemed an agreement to make similar payments in the future or Lender’s waiver of any Event of Default.

Appears in 4 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement (Complete Genomics Inc), Loan and Security Agreement (Metabasis Therapeutics Inc)

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Protective Payments. If 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 Borrower is obligated to pay under this Agreement or any other Loan Document, Lender may obtain such insurance or make such payment, and all amounts so paid by Lender are Lender’s Lender Expenses and immediately due and payable, bearing interest at the then highest applicable rate, and secured by the Collateral. Lender will make reasonable efforts to provide Borrower with notice of Lender obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Lender are deemed an agreement to make similar payments in the future or Lender’s waiver of any Event of Default.

Appears in 4 contracts

Samples: Loan and Security Agreement (Bluearc Corp), Loan and Security Agreement (Cerus Corp), Loan and Security Agreement (Omeros Corp)

Protective Payments. If 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 Borrower is obligated to pay under this Agreement or any other Loan Document, Lender may obtain such insurance or make such payment, and all amounts so paid by Lender are Lender’s Lender Expenses and immediately due and payable, bearing interest at the then highest rate applicable rateto the Obligations, and secured by the Collateral. Lender will make reasonable efforts to provide Borrower with notice of Lender obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Lender are deemed an agreement to make similar payments in the future or Lender’s waiver of any Event of Default.

Appears in 3 contracts

Samples: Mezzanine Loan and Security Agreement, Mezzanine Loan and Security Agreement (Impinj Inc), Mezzanine Loan and Security Agreement (Impinj Inc)

Protective Payments. If 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 Borrower is obligated to pay under this Agreement or any other Loan Document, Lender may obtain such insurance or make such payment, and all amounts so paid by Lender are Lender’s Lender Expenses and immediately due and payable, bearing interest at the then highest rate applicable rateto the Obligations, and secured by the Collateral. Lender will make reasonable efforts to provide Borrower with notice of Lender obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Lender are deemed an agreement to make similar payments in the future or Lender’s waiver of any Event of Default.

Appears in 3 contracts

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

Protective Payments. If 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 Borrower is obligated to pay under this Agreement or any other Loan Document, Lender may obtain such insurance or make such payment, and all amounts so paid by Lender are Lender’s Lender Expenses and immediately due and payable, bearing interest at the then highest rate applicable rateto the Obligations, and secured by the Collateral. Lender will make reasonable efforts to provide Borrower with notice of Lender obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Lender are deemed an agreement to make similar payments in the future or Lender’s waiver of any Event of Default.

Appears in 3 contracts

Samples: Loan and Security Agreement (Novocure LTD), Loan and Security Agreement (Merrimack Pharmaceuticals Inc), Loan and Security Agreement (Novocure LTD)

Protective Payments. If 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 Borrower is obligated to pay under this Agreement or any other Loan Document, Lender may obtain such insurance or make such payment, and all amounts so paid by Lender are Lender’s Lender Expenses and immediately due and payable, bearing interest at the then highest applicable rateDefault Rate, and secured by the Collateral. Lender will make reasonable efforts to provide Borrower with notice of Lender obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Lender are deemed an agreement to make similar payments in the future or Lender’s waiver of any Event of Default.

Appears in 2 contracts

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

Protective Payments. If 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 Borrower is obligated to pay under this Agreement or any other Loan Document, Lender may obtain such insurance or make such payment, and all amounts so paid by Lender are Lender’s 's Expenses and immediately due and payable, bearing interest at the then highest applicable rate, and secured by the Collateral. Lender will make reasonable efforts to provide Borrower with notice of Lender obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Lender are deemed an agreement to make similar payments in the future or Lender’s 's waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Metabasis Therapeutics Inc)

Protective Payments. If 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 Borrower is obligated to pay under this Agreement or any other Loan Document, Lender Lenders may obtain such insurance or make such payment, and all amounts so paid by Lender Lenders are Lender’s Lenders Expenses and immediately due and payable, bearing interest at the then highest applicable rate, and secured by the Collateral. Lender Lenders will make reasonable efforts to provide Borrower with notice of Lender Lenders obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Lender Lenders are deemed an agreement to make similar payments in the future or Lender’s Lenders’ waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Zonare Medical Systems Inc)

Protective Payments. If 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 Borrower is obligated to pay under this Agreement or any other Loan Document, Lender may obtain such insurance or make such payment, and all amounts so paid by Lender are Lender’s Lender Expenses and immediately due and payable, bearing interest at the then highest applicable rate, and secured by the Collateral. Lender will make reasonable efforts to provide Borrower with notice of Lender obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Lender are deemed an agreement to make similar payments in the future or Lender’s waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Energy Recovery, Inc.)

Protective Payments. If 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 Borrower is obligated to pay under this Agreement or any other Loan Document, Lender may obtain such insurance or make such payment, and all amounts so paid by Lender are Lender’s Lender Expenses and immediately due and payable, bearing interest at the then highest rate applicable rateto the Obligations, and secured by the Collateral. Lender will make reasonable efforts to provide Borrower with notice of Lender obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Lender are deemed an agreement to make similar payments in the future or Lender’s waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Real Goods Solar, Inc.)

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

Appears in 1 contract

Samples: Loan and Security Agreement (Osprey Technology Acquisition Corp.)

Protective Payments. If 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 Borrower is obligated to pay under this Agreement or any other Loan Document, Lender Lenders may obtain such insurance or make such payment, and all amounts so paid by Lenders are Lender are Lender’s Expenses and immediately due and payable, bearing interest at the then highest applicable rate, and secured by the Collateral. Lender Lenders will make reasonable efforts to provide Borrower with notice of Lender Lenders obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Lender Lenders are deemed an agreement to make similar payments in the future or Lender’s Lenders’ waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (EnteroMedics Inc)

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

Appears in 1 contract

Samples: Credit Agreement (Crossroads Systems Inc)

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Protective Payments. If Borrower fails to obtain the insurance called for by Section 6.5 or fails to pay any premium thereon within five (5) Business Days or fails to pay any other amount which Borrower is obligated to pay under this Agreement or any other Loan Document, Lender may obtain such insurance or make such payment, and all amounts so paid by Lender are Lender’s Expenses and immediately due and payable, bearing interest at the then highest rate applicable rateto the Obligations, and secured by the Collateral. Lender will make reasonable efforts to provide Borrower with notice of Lender obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Lender are deemed an agreement to make similar payments in the future or Lender’s waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Ikanos Communications, 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 a Borrower is obligated to pay under this Agreement or any other Loan Document, Lender may obtain such insurance or make such payment, and all amounts so paid by Lender are Lender’s Lender Expenses and immediately due and payable, bearing interest at the then highest applicable rate, and secured by the Collateral. Lender will make reasonable efforts to provide Borrower Parent with notice of Lender obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Lender are deemed an agreement to make similar payments in the future or Lender’s waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (WaferGen Bio-Systems, Inc.)

Protective Payments. If Borrower fails to obtain the insurance called for by Section 6.5 6.2 or fails to pay any premium thereon or fails to pay any other amount which Borrower is obligated to pay under this Agreement or any other Loan Document, Lender may obtain such insurance or make such payment, and all amounts so paid by Lender are Lender’s Lender Expenses and immediately due and payable, bearing interest at the then highest applicable rateDefault Rate, and secured by the Collateral. Lender will make reasonable efforts to provide Borrower with notice of Lender obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Lender are deemed an agreement to make similar payments in the future or Lender’s waiver of any Event of Default.

Appears in 1 contract

Samples: Joinder Agreement (Yodle Inc)

Protective Payments. If Borrower fails to obtain the insurance called for by Section 6.5 5.4 or fails to pay any premium thereon or fails to pay any other amount which Borrower is obligated to pay under this Agreement or any other Loan Document, Lender may obtain such insurance or make such payment, and all amounts so paid by Lender are Lender’s Lender Expenses and immediately due and payable, bearing interest at the then highest rate applicable rateto the Obligations, and secured by the Collateral. Lender will make reasonable efforts to provide Borrower with notice of Lender obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Lender are deemed an agreement to make similar payments in the future or Lender’s waiver of any Event of Default.

Appears in 1 contract

Samples: Loan Agreement (Net Element International, Inc.)

Protective Payments. If 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 Borrower is obligated to pay under this Agreement or any other Loan Document, Lender may obtain such insurance or make such payment, and all amounts so paid by Lender are Lender’s Expenses and immediately due and payable, bearing interest at the then highest applicable rateDefault Rate, and secured by the Collateral. Lender will make reasonable efforts to provide Borrower with notice of Lender obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Lender are deemed an agreement to make similar payments in the future or Lender’s waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (GAIN Capital Holdings, Inc.)

Protective Payments. If 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 Borrower is obligated to pay under this Agreement or any other Loan Document, Lender Lenders may obtain such insurance or make such payment, and all amounts so paid by Lender Lenders are Lender’s Lenders Expenses and immediately due and payable, bearing interest at the then highest applicable rate, and secured by the Collateral. Lender Lenders will make reasonable efforts to provide Borrower with notice of Lender Lenders obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Lender Lenders are deemed an agreement to make similar payments in the future or Lender’s Lenders’ waiver of any Event of Default.

Appears in 1 contract

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

Protective Payments. If 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 Borrower is obligated to pay to third parties under this Agreement or any other Loan DocumentDocument or which may be required to preserve the Collateral, Lender may obtain such insurance or make such payment, and all amounts so paid by Lender are Lender’s Lender Expenses and immediately due and payable, bearing interest at the then highest rate applicable rateto the Obligations, and secured by the Collateral. Lender will make reasonable efforts to provide Borrower with reasonable notice of Lender prior to obtaining such insurance at the time it is obtained or within a reasonable time thereafterinsurance. No payments by Lender are deemed an agreement to make similar payments in the future or Lender’s waiver of any Event of Default.

Appears in 1 contract

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

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