ACER THERAPEUTICS INC Sample Clauses

ACER THERAPEUTICS INC a Delaware corporation (“Borrower”), entered into that certain Credit Agreement (the “Credit Agreement”), dated as of March 4, 2022 and subsequently amended on August 19, 2022, January 30, 2023, and May 12, 2023, with SWK FUNDING LLC, a Delaware limited liability company (“SWK”), and the lenders party thereto, wherein SWK was the agent of such lenders, which provided for an initial term loan in the original principal amount of $6,500,000.00, along with a subsequent term loan in the original principal amount of $7,000,000.00, which resulted in an aggregate outstanding principal balance, as of January 30, 2023, of $13,942,382.20 (such advances collectively, along with any “PIK Amounts” (as defined in the Credit Agreement) capitalized into the loan pursuant to Section 2.6.2 of the Credit Agreement, the “Loan”). The Credit Agreement, together with any Notes (as defined in the Credit Agreement), any subordination agreements, the Collateral Documents, any intercreditor agreement entered into in connection with the Loan from time to time, and all documents, instruments and agreements delivered in connection with the foregoing, all as amended, modified, supplemented, substituted, extended or renewed from time to time, are referred to collectively as the “Loan Documents”. All capitalized terms used in this Agreement and not defined herein, have the meanings ascribed to such terms in the Loan Documents.
Sample 1
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