Agent for Perfection. (a) [A/R Lender] acknowledges that applicable provisions of the UCC or PPSA may require, in order to properly perfect CRG’s security interest in the Common Collateral securing the CRG Claims, that CRG possess certain of such Common Collateral, and may require the execution of control agreements in favor of CRG concerning such Common Collateral. In order to help ensure that CRG’s security interest in such Common Collateral is properly perfected (but subject to and without waiving the other provisions of this Agreement), [A/R Lender] agrees to hold both for itself and, solely for the purposes of perfection and without incurring any duties or obligations to CRG as a result thereof or with respect thereto, for the benefit of CRG, any such Common Collateral, and agrees that CRG’s lien in such Common Collateral shall be deemed perfected in accordance with applicable law. (b) CRG acknowledges that applicable provisions of the UCC or PPSA may require, in order to properly perfect [A/R Lender]’s security interest in the Common Collateral securing the [A/R Lender] Claims, that [A/R Lender] possess certain of such Common Collateral, and may require the execution of control agreements in favor of [A/R Lender] concerning such Common Collateral. In order to help ensure that [A/R Lender]’s security interest in such Common Collateral is properly perfected (but subject to and without waiving the other provisions of this Agreement), CRG agrees to hold both for itself and, solely for the purposes of perfection and without incurring any additional duties or obligations to [A/R Lender] as a result thereof or with respect thereto, for the benefit of [A/R Lender], any such Common Collateral, and agrees that [A/R Lender]’s lien in such Common Collateral shall be deemed perfected in accordance with applicable law.
Appears in 3 contracts
Samples: Term Loan Agreement (Decipher Biosciences, Inc.), Term Loan Agreement (Decipher Biosciences, Inc.), Term Loan Agreement (Decipher Biosciences, Inc.)
Agent for Perfection. (a) [A/R Lender] acknowledges that applicable provisions of the UCC or PPSA may require, in order to properly perfect CRG’s security interest in the Common Collateral securing the CRG Claims, that CRG possess certain of such Common Collateral, and may require the execution of control agreements in favor of CRG concerning such Common Collateral. In order to help ensure that CRG’s security interest in such Common Collateral is properly perfected (but subject to and without waiving the other provisions of this Agreement), [A/R Lender] agrees to hold both for itself and, solely for the purposes of perfection and without incurring any duties or obligations to CRG as a result thereof or with respect thereto, for the benefit of CRG, any such Common Collateral, and agrees that CRG’s lien in such Common Collateral shall be deemed perfected in accordance with applicable law.
(b) CRG acknowledges that applicable provisions of the UCC or PPSA may require, in order to properly perfect [A/R Lender]’s security interest in the Common Collateral securing the [A/R Lender] Claims, that [A/R Lender] possess certain of such Common Collateral, and may require the execution of control agreements in favor of [A/R Lender] concerning such Common Collateral. In order to help ensure that [A/R Lender]’s security interest in such Common Collateral is properly perfected (but subject to and without waiving the other provisions of this Agreement), CRG agrees to hold both for itself and, solely for the purposes of perfection and without incurring any additional duties or obligations to [A/R Lender] as a result thereof or with respect thereto, for the benefit of [A/R Lender], any such Common Collateral, and agrees that [A/R Lender]’s lien in such Common Collateral shall be deemed perfected in accordance with applicable law.
Appears in 3 contracts
Samples: Term Loan Agreement (ViewRay, Inc.), Term Loan Agreement (ViewRay, Inc.), Term Loan Agreement (ViewRay, Inc.)
Agent for Perfection. (a) [A/R Lender[ ] acknowledges that applicable provisions of the UCC or PPSA may require, in order to properly perfect CRGCR’s security interest in the Common Collateral securing the CRG CR Claims, that CRG CR possess certain of such Common Collateral, and may require the execution of control agreements in favor of CRG CR concerning such Common Collateral. In order to help ensure that CRGCR’s security interest in such Common Collateral is properly perfected (but subject to and without waiving the other provisions of this Agreement), [A/R Lender[ ] agrees to hold both for itself and, solely for the purposes of perfection and without incurring any duties or obligations to CRG CR as a result thereof or with respect thereto, for the benefit of CRGCR, any such Common Collateral, and agrees that CRGCR’s lien in such Common Collateral shall be deemed perfected in accordance with applicable law.
(b) CRG CR acknowledges that applicable provisions of the UCC or PPSA may require, in order to properly perfect [A/R Lender[ ]’s security interest in the Common Collateral securing the [A/R Lender[ ] Claims, that [A/R Lender[ ] possess certain of such Common Collateral, and may require the execution of control agreements in favor of [A/R Lender[ ] concerning such Common Collateral. In order to help ensure that [A/R Lender[ ]’s security interest in such Common Collateral is properly perfected (but subject to and without waiving the other provisions of this Agreement), CRG CR agrees to hold both for itself and, solely for the purposes of perfection and without incurring any additional duties or obligations to [A/R Lender[ ] as a result thereof or with respect thereto, for the benefit of [A/R Lender[ ], any such Common Collateral, and agrees that [A/R Lender[ ]’s lien in such Common Collateral shall be deemed perfected in accordance with applicable law.
Appears in 3 contracts
Samples: Term Loan Agreement (Exagen Diagnostics Inc), Term Loan Agreement (Exagen Diagnostics Inc), Term Loan Agreement (Exagen Diagnostics Inc)
Agent for Perfection. (a) [A/R Lender] SVB acknowledges that applicable provisions of the UCC or PPSA may require, in order to properly perfect CRGCR’s security interest in the Common Collateral securing the CRG CR Claims, that CRG CR possess certain of such Common Collateral, and may require the execution of control agreements in favor of CRG CR concerning such Common Collateral. In order to help ensure that CRGCR’s security interest in such Common Collateral is properly perfected (but subject to and without waiving the other provisions of this Agreement), [A/R Lender] SVB agrees to hold both for itself and, solely for the purposes of perfection and without incurring any duties or obligations to CRG CR as a result thereof or with respect thereto, for the benefit of CRGCR, any such Common Collateral, and agrees that CRGCR’s lien in such Common Collateral shall be deemed perfected in accordance with applicable law.
(b) CRG CR acknowledges that applicable provisions of the UCC or PPSA may require, in order to properly perfect [A/R Lender]SVB’s security interest in the Common Collateral securing the [A/R Lender] SVB Claims, that [A/R Lender] SVB possess certain of such Common Collateral, and may require the execution of control agreements in favor of [A/R Lender] SVB concerning such Common Collateral. In order to help ensure that [A/R Lender]SVB’s security interest in such Common Collateral is properly perfected (but subject to and without waiving the other provisions of this Agreement), CRG CR agrees to hold both for itself and, solely for the purposes of perfection and without incurring any additional duties or obligations to [A/R Lender] SVB as a result thereof or with respect thereto, for the benefit of [A/R Lender]SVB, any such Common Collateral, and agrees that [A/R Lender]SVB’s lien in such Common Collateral shall be deemed perfected in accordance with applicable law.
Appears in 2 contracts
Samples: Term Loan Agreement (Tandem Diabetes Care Inc), Term Loan Agreement (Tandem Diabetes Care Inc)
Agent for Perfection. (a) [A/R Lender] LSQ acknowledges that applicable provisions of the UCC or PPSA may require, in order to properly perfect CRG’s Existing Creditors’ security interest in the Common Collateral securing the CRG Existing Creditors’ Claims, that CRG an Existing Agent possess certain of such Common Collateral, and may require the execution of control agreements in favor of CRG an Existing Agent concerning such Common Collateral. In order to help ensure that CRGExisting Creditors’ security interest in such Common Collateral is properly perfected (but subject to and without waiving the other provisions of this Agreement), LSQ agrees to hold both for itself and, solely for the purposes of perfection and without incurring any duties or obligations to Existing Creditors as a result thereof or with respect thereto, for the benefit of Existing Creditors, any such Common Collateral, and agrees that Existing Creditors’ lien in such Common Collateral shall be deemed perfected in accordance with applicable law.
(b) Each Existing Agent, on behalf of the applicable Existing Creditor, acknowledges that applicable provisions of the UCC may require, in order to properly perfect LSQ’s security interest in the Common Collateral securing LSQ’s Claims, that LSQ possess certain of such Common Collateral, and may require the execution of control agreements in favor of a LSQ concerning such Common Collateral. In order to help ensure that LSQ’s security interest in such Common Collateral is properly perfected (but subject to and without waiving the other provisions of this Agreement), [A/R Lender] each Existing Agent, on behalf of the applicable Existing Creditor, agrees to hold both for itself and, solely for the purposes of perfection and without incurring any duties or obligations to CRG LSQ as a result thereof or with respect thereto, for the benefit of CRGLSQ, any such Common Collateral, and agrees that CRGLSQ’s lien in such Common Collateral shall be deemed perfected in accordance with applicable law.
(b) CRG acknowledges that applicable provisions of the UCC or PPSA may require, in order to properly perfect [A/R Lender]’s security interest in the Common Collateral securing the [A/R Lender] Claims, that [A/R Lender] possess certain of such Common Collateral, and may require the execution of control agreements in favor of [A/R Lender] concerning such Common Collateral. In order to help ensure that [A/R Lender]’s security interest in such Common Collateral is properly perfected (but subject to and without waiving the other provisions of this Agreement), CRG agrees to hold both for itself and, solely for the purposes of perfection and without incurring any additional duties or obligations to [A/R Lender] as a result thereof or with respect thereto, for the benefit of [A/R Lender], any such Common Collateral, and agrees that [A/R Lender]’s lien in such Common Collateral shall be deemed perfected in accordance with applicable law.law sf-3740373
Appears in 1 contract
Samples: Intercreditor Agreement (Marrone Bio Innovations Inc)
Agent for Perfection. (a) [A/R Lender] acknowledges that applicable provisions of the UCC or PPSA may require, in order to properly perfect CRGCR’s security interest in the Common Collateral securing the CRG CR Claims, that CRG CR possess certain of such Common Collateral, and may require the execution of control agreements in favor of CRG CR concerning such Common Collateral. In order to help ensure that CRGCR’s security interest in such Common Collateral is properly perfected (but subject to and without waiving the other provisions of this Agreement), [A/R Lender] agrees to hold both for itself and, solely for the purposes of perfection and without incurring any duties or obligations to CRG CR as a result thereof or with respect thereto, for the benefit of CRGCR, any such Common Collateral, and agrees that CRGCR’s lien in such Common Collateral shall be deemed perfected in accordance with applicable law.
(b) CRG CR acknowledges that applicable provisions of the UCC or PPSA may require, in order to properly perfect [A/R Lender]’s security interest in the Common Collateral securing the [A/R Lender] Claims, that [A/R Lender] possess certain of such Common Collateral, and may require the execution of control agreements in favor of [A/R Lender] concerning such Common Collateral. In order to help ensure that [A/R Lender]’s security interest in such Common Collateral is properly perfected (but subject to and without waiving the other provisions of this Agreement), CRG CR agrees to hold both for itself and, solely for the purposes of perfection and without incurring any additional duties or obligations to [A/R Lender] as a result thereof or with respect thereto, for the benefit of [A/R Lender], any such Common Collateral, and agrees that [A/R Lender]’s lien in such Common Collateral shall be deemed perfected in accordance with applicable law.
Appears in 1 contract
Samples: Term Loan Agreement (Nevro Corp)