Common use of Allocation Among Lenders Clause in Contracts

Allocation Among Lenders. Subject to Section 5 of this Exhibit, all shares of Common Stock issuable to the Lenders pursuant to this Exhibit, all Credit Amounts and all Failure Amounts shall be allocated pro rata among the Lenders based on each Lender’s Pro Rata Share, in each case unless the Lenders notify the Borrower in writing of any different allocation ratio.

Appears in 2 contracts

Samples: Facility Agreement (Melinta Therapeutics, Inc. /New/), Facility Agreement (Melinta Therapeutics, Inc. /New/)

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Allocation Among Lenders. Subject to Section 5 of this Exhibit, all shares of Common Stock issuable to the Lenders pursuant to this Exhibit, all Credit Amounts and all Failure Amounts shall be allocated pro rata among the Lenders based on each Lender’s First Out Waterfall Pro Rata Share, in each case unless the Lenders notify the Borrower in writing of any different allocation ratio.

Appears in 1 contract

Samples: Registration Rights Agreement (Endologix Inc /De/)

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Allocation Among Lenders. Subject to Section 5 of this Exhibit, all All shares of Common Stock issuable to the Lenders pursuant to this Exhibit, all Credit Amounts and all Failure Amounts shall be allocated pro rata among the Lenders based on each Lender’s Pro Rata Share, in each case unless the Lenders notify the Borrower in writing of any different allocation ratio.

Appears in 1 contract

Samples: Facility Agreement (Neos Therapeutics, Inc.)

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