Common use of ATTACHMENT TO ADVANCE REQUEST Clause in Contracts

ATTACHMENT TO ADVANCE REQUEST. Dated: Borrower hereby represents and warrants to Lender that Borrower’s current name and organizational status is as follows: Name: DICERNA PHARMACEUTICALS, INC. Type of organization: Corporation State of organization: Delaware Organization file number: Borrower hereby represents and warrants to Lender that xxx xxxxxx xxxxxxxxx, xxxxxx, xxxxxx and postal codes of its current locations are as follows: EXHIBIT B SECURED TERM PROMISSORY NOTE $[ ],000,000 Advance Date: , 20[ ] Maturity Date: , 20[ ] FOR VALUE RECEIVED, DICERNA PHARMACEUTICALS, INC., a Delaware corporation, for itself and each of its Subsidiaries (the “Borrower”) hereby promises to pay to the order of Hercules Technology II, L.P., a Maryland corporation or the holder of this Note (the “Lender”) at 000 Xxxxxxxx Xxxxxx, Suite 310, Palo Alto, CA 94301 or such other place of payment as the holder of this Secured Term Promissory Note (this “Promissory Note”) may specify from time to time in writing, in lawful money of the United States of America, the principal amount of [ ] Million Dollars ($[ ],000,000) or such other principal amount as Lender has advanced to Borrower, together with interest at a floating rate equal to the greater of (i) 12.95% or (ii) 12.95 plus the Prime Rate as reported in The Wall Street Journal minus 3.75%, not in any case to exceed 15.50%. This Promissory Note is the Note referred to in, and is executed and delivered in connection with, that certain Loan and Security Agreement dated March 25, 2009, by and between Borrower and Lender (as the same may from time to time be amended, modified or supplemented in accordance with its terms, the “Loan Agreement”), and is entitled to the benefit and security of the Loan Agreement and the other Loan Documents (as defined in the Loan Agreement), to which reference is made for a statement of all of the terms and conditions thereof. All payments shall be made in accordance with the Loan Agreement. All terms defined in the Loan Agreement shall have the same definitions when used herein, unless otherwise defined herein. An Event of Default under the Loan Agreement shall constitute a default under this Promissory Note. Borrower waives presentment and demand for payment, notice of dishonor, protest and notice of protest under the UCC or any applicable law. Borrower agrees to make all payments under this Promissory Note without setoff, recoupment or deduction and regardless of any counterclaim or defense. This Promissory Note has been negotiated and delivered to Lender and is payable in the State of California. This Promissory Note shall be governed by and construed and enforced in accordance with, the laws of the State of California, excluding any conflicts of law rules or principles that would cause the application of the laws of any other jurisdiction. BORROWER FOR ITSELF AND ON BEHALF OF ITS SUBSIDIARIES: DICERNA PHARMACEUTICALS, INC. By: Name: Title: EXHIBIT C NAME, LOCATIONS, AND OTHER INFORMATION FOR BORROWER

Appears in 1 contract

Samples: Loan and Security Agreement (Dicerna Pharmaceuticals Inc)

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ATTACHMENT TO ADVANCE REQUEST. Dated: Borrower hereby represents and warrants to Lender that Borrower’s current name and organizational status is as follows: Name: DICERNA PHARMACEUTICALSTransOral Pharmaceuticals, INC. Inc. Type of organizationorganization : Corporation State of organization: Delaware Organization file number: 3478309 Borrower hereby represents and warrants to Lender that xxx xxxxxx xxxxxxxxx, xxxxxx, xxxxxx and postal codes of its current locations are as follows: EXHIBIT B Chief Executive Office, Principal Place of Business, and Location of Collateral: 000 Xxxxx Xxxxx, Xxxxx 000, Xxxxx Xxxxxx, XX 00000 through May 19, 2006. Beginning May 19, 2006, its chief executive office will be located at 0000 Xxxx Xxxxxxx Xxxx., Xxxxx 000, Xxxxx Xxxxxxxx, XX, 00000 SECURED TERM PROMISSORY NOTE $[ ],000,000 10,000,000 Advance Date: April , 20[ ] 2006 Maturity Date: October 1, 20[ ] 2009 FOR VALUE RECEIVED, DICERNA TRANSORAL PHARMACEUTICALS, INC., a Delaware corporation, for itself and each of its Subsidiaries (the “Borrower”) hereby promises to pay to the order of Hercules Technology IIGrowth Capital, L.P.Inc., a Maryland corporation or the holder of this Note (the “Lender”) at 000 Xxxxxxxx Xxxxxxxxxx Xxxxxx, Suite 310Xxxxx 000, Palo AltoXxxx Xxxx, CA 94301 XX 00000 or such other place of payment as the holder of this Secured Term Promissory Note (this “Promissory Note”) may specify from time to time in writing, in lawful money of the United States of America, the principal amount of [ ] Ten Million Dollars ($[ ],000,00010,000,000) or such other principal amount as Lender has advanced to Borrower, together with interest at a floating rate equal to the greater of (i) 12.95% or (ii) 12.95 plus the Prime Rate prime rate as reported in The the Wall Street Journal minus 3.75%as of the date hereof, not plus 2.69% per annum based upon a year consisting of 360 days, with interest computed daily based on the actual number of days in any case to exceed 15.50%each month. This Promissory Note is the Note referred to in, and is executed and delivered in connection with, that certain Loan and Security Agreement dated March 25April 13, 20092006, by and between Borrower and Lender (as the same may from time to time be amended, modified or supplemented in accordance with its terms, the “Loan Agreement”), and is entitled to the benefit and security of the Loan Agreement and the other Loan Documents (as defined in the Loan Agreement), to which reference is made for a statement of all of the terms and conditions thereof. All payments shall be made in accordance with the Loan Agreement. All terms defined in the Loan Agreement shall have the same definitions when used herein, unless otherwise defined herein. An Event of Default under the Loan Agreement shall constitute a default under this Promissory Note. Reference to the Loan Agreement shall not affect or impair the absolute and unconditional obligation of the Borrowers to pay all principal and interest and premium, if any, under this Promissory Note upon demand or as otherwise provided herein Borrower waives presentment and demand for payment, notice of dishonor, protest and notice of protest under the UCC or any applicable law. Borrower agrees to make all payments under this Promissory Note without setoff, recoupment or deduction and regardless of any counterclaim or defense. This Promissory Note has been negotiated and delivered to Lender and is payable in the State of California. This Promissory Note shall be governed by and construed and enforced in accordance with, the laws of the State of California, excluding any conflicts of law rules or principles that would cause the application of the laws of any other jurisdiction. BORROWER FOR ITSELF AND ON BEHALF OF ITS SUBSIDIARIES: DICERNA TRANSORAL PHARMACEUTICALS, INC. By: Name: Title: EXHIBIT C NAME, LOCATIONS, AND OTHER INFORMATION FOR BORROWER:

Appears in 1 contract

Samples: Joinder Agreement (Transcept Pharmaceuticals Inc)

ATTACHMENT TO ADVANCE REQUEST. Dated: August , 2012 Borrower hereby represents and warrants to Lender that Borrower’s current name and organizational status is as follows: Name: DICERNA PHARMACEUTICALSCORONADO BIOSCIENCES, INC. ., a Delaware corporation Type of organization: Corporation State of organization: Delaware Organization file numberOrganizational Identification Number: 4183018 Borrower hereby represents and warrants to Lender that xxx xxxxxx xxxxxxxxx, xxxxxx, xxxxxx and postal codes of its current locations are as follows: EXHIBIT B SECURED TERM PROMISSORY NOTE $[ ],000,000 15,000,000 Advance Date: August 28, 20[ ] 2012 Maturity Date: March 1, 20[ ] 2016 FOR VALUE RECEIVED, DICERNA PHARMACEUTICALSCORONADO BIOSCIENCES, INC., a Delaware corporation, for itself and each of its Subsidiaries (the “Borrower”) hereby promises to pay to the order of Hercules Technology IIGrowth Capital, L.P.Inc., a Maryland corporation or the holder of this Note (the “Lender”) at 000 Xxxxxxxx Xxxxxx, Suite 310, Palo Alto, CA 94301 or such other place of payment as the holder of this Secured Term Promissory Note (this “Promissory Note”) may specify from time to time in writing, in lawful money of the United States of America, the principal amount of [ ] Million Dollars FIFTEEN MILLION DOLLARS ($[ ],000,00015,000,000) or such other principal amount as Lender has advanced to Borrower, together with interest at a floating rate per annum equal to the greater of (i) 12.959.25% or (ii) 12.95 plus the sum of (A) 9.25% and (B) (1) the Prime Rate as reported in The Wall Street Journal minus 3.75(2) 3.25%, not based upon a year consisting of 360 days, with interest computed daily based on the actual number of days in any case to exceed 15.50%each month. This Promissory Note is the Note referred to in, and is executed and delivered in connection with, that certain Loan and Security Agreement dated March 25August 28, 20092012, by and between Borrower and Lender (as the same may from time to time be amended, modified or supplemented in accordance with its terms, the “Loan Agreement”), and is entitled to the benefit and security of the Loan Agreement and the other Loan Documents (as defined in the Loan Agreement), to which reference is made for a statement of all of the terms and conditions thereof. All payments shall be made in accordance with the Loan Agreement. All terms defined in the Loan Agreement shall have the same definitions when used herein, unless otherwise defined herein. An Event of Default under the Loan Agreement shall constitute a default under this Promissory Note. Borrower waives presentment and demand for payment, notice of dishonor, protest and notice of protest under the UCC or any applicable law. Borrower agrees to make all payments under this Promissory Note without setoff, recoupment or deduction and regardless of any counterclaim or defense. This Promissory Note has been negotiated and delivered to Lender and is payable in the State of California. This Promissory Note shall be governed by and construed and enforced in accordance with, the laws of the State of California, excluding any conflicts of law rules or principles that would cause the application of the laws of any other jurisdiction. BORROWER FOR ITSELF AND ON BEHALF OF ITS SUBSIDIARIESBORROWER: DICERNA PHARMACEUTICALSCORONADO BIOSCIENCES, INC. By: Name: Title: EXHIBIT C NAME, LOCATIONS, AND OTHER INFORMATION FOR BORROWER

Appears in 1 contract

Samples: Loan and Security Agreement (Coronado Biosciences Inc)

ATTACHMENT TO ADVANCE REQUEST. Dated: Borrower hereby represents and warrants to Lender that Borrower’s current name and organizational status is as follows: Name: DICERNA PHARMACEUTICALSMELA SCIENCES, INC. Type of organization: Corporation State of organization: Delaware Organization file number: 2778666 Borrower hereby represents and warrants to Lender that xxx xxxxxx xxxxxxxxx, xxxxxx, xxxxxx and postal codes of its current locations are as follows: EXHIBIT B SECURED TERM PROMISSORY NOTE $[ ],000,000 Advance Date: , 20[ ] Maturity Date: , 20[ ] FOR VALUE RECEIVED, DICERNA PHARMACEUTICALSMELA SCIENCES, INC., a Delaware corporation, for itself and each of its Subsidiaries (the “Borrower”) hereby promises to pay to the order of Hercules Technology IIGrowth Capital, L.P.Inc., a Maryland corporation or the holder of this Note (the “Lender”) at 000 Xxxxxxxx Xxxxxx, Suite 310, Palo Alto, CA 94301 or such other place of payment as the holder of this Secured Term Promissory Note (this “Promissory Note”) may specify from time to time in writing, in lawful money of the United States of America, the principal amount of [ ] Million Dollars ($[ ],000,000) or such other principal amount as Lender has advanced to BorrowerBorrower and is outstanding, together with interest at a floating rate equal to a floating rate per annum equal to the greater of (i) 12.95% ten and 45 one hundredths percent (10.45%), or (ii) 12.95 the sum of (A) ten and 45 one hundredths percent (10.45%), plus (B) the Prime Rate as reported minus three and one quarter of one percent (3.25%), based upon a year consisting of 360 days, with interest computed daily based on the actual number of days in The Wall Street Journal minus 3.75%, not in any case to exceed 15.50%each month. This Promissory Note is the Note referred to in, and is executed and delivered in connection with, that certain Loan and Security Agreement dated March 2515, 20092013, by and between Borrower and Lender (as the same may from time to time be amended, modified or supplemented in accordance with its terms, the “Loan Agreement”), and is entitled to the benefit and security of the Loan Agreement and the other Loan Documents (as defined in the Loan Agreement), to which reference is made for a statement of all of the terms and conditions thereof. All payments shall be made in accordance with the Loan Agreement. All terms defined in the Loan Agreement shall have the same definitions when used herein, unless otherwise defined herein. An Event of Default under the Loan Agreement shall constitute a default under this Promissory Note. Borrower waives presentment and demand for payment, notice of dishonor, protest and notice of protest under the UCC or any applicable law. Borrower agrees to make all payments under this Promissory Note without setoff, recoupment or deduction and regardless of any counterclaim or defense. This Promissory Note has been negotiated and delivered to Lender and is payable in the State of California. This Promissory Note shall be governed by and construed and enforced in accordance with, the laws of the State of California, excluding any conflicts of law rules or principles that would cause the application of the laws of any other jurisdiction. BORROWER FOR ITSELF AND ON BEHALF OF ITS SUBSIDIARIES: DICERNA PHARMACEUTICALSMELA SCIENCES, INC. By: Name: Title: EXHIBIT C NAME, LOCATIONS, AND OTHER INFORMATION FOR BORROWER

Appears in 1 contract

Samples: Loan and Security Agreement (Mela Sciences, Inc. /Ny)

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ATTACHMENT TO ADVANCE REQUEST. Dated: Borrower hereby represents and warrants to Lender that Borrower’s current name and organizational status is as follows: Name: DICERNA PHARMACEUTICALSRevance Therapeutics, INC. Inc. Type of organization: Corporation State of organization: Delaware Organization file number: 3074007 Borrower hereby represents and warrants to Lender that xxx xxxxxx xxxxxxxxx, xxxxxx, xxxxxx and postal codes of its current locations are as follows: 0000 Xxxxxxx Xxxxxxxxx Xxxxxx, Xxxxxxxxxx 00000 EXHIBIT B SECURED TERM PROMISSORY NOTE $[ ],000,000 22,000,000 Advance Date: September 20, 20[ ] Maturity Date: , 20[ ] 2011 FOR VALUE RECEIVED, DICERNA PHARMACEUTICALS, INC.Revance Therapeutics, a Delaware corporation, for itself and each of its Subsidiaries corporation (the “Borrower”) hereby promises to pay to the order of Hercules Technology IIGrowth Capital, L.P.Inc., a Maryland corporation or the holder of this Promissory Note (the “Lender”) at 000 Xxxxxxxx Xxxxxx, Suite 310, Palo Alto, CA 94301 or such other place of payment as the holder of this Secured Term Promissory Note (this “Promissory Note”) may specify from time to time in writing, in lawful money of the United States of America, the principal amount of [ ] Twenty Two Million Dollars ($[ ],000,00022,000,000) or such other principal amount as Lender has advanced to Borrower, together with interest at a floating rate equal to the greater of (i) 12.959.85% or (ii) 12.95 the sum of 9.85%, plus the Prime Rate prime rate as reported in The Wall Street Journal minus 3.753.25%; provided that, if Borrower obtains at least $70,000,000 in cash proceeds from one or more Qualified Transaction that occurs on or before March 31, 2012, the interest rate under this Promissory Note shall be equal to the greater of (i) 8.50% or (ii) the sum of 8.50%, not plus the prime rate as reported in any case to exceed 15.50The Wall Street Journal minus 3.25%. This Promissory Note is the Note referred to in, and is executed and delivered in connection with, that certain Loan and Security Agreement dated March 25September 20, 20092011, by and between Borrower and Lender (as the same may from time to time be amended, modified or supplemented in accordance with its terms, the “Loan Agreement”), and is entitled to the benefit and security of the Loan Agreement and the other Loan Documents (as defined in the Loan Agreement), to which reference is made for a statement of all of the terms and conditions thereof. All payments shall be made in accordance with the Loan Agreement. All terms defined in the Loan Agreement shall have the same definitions when used herein, unless otherwise defined herein. An Event of Default under the Loan Agreement shall constitute a default under this Promissory Note. Borrower waives presentment and demand for payment, notice of dishonor, protest and notice of protest under the UCC or any applicable law. Borrower agrees to make all payments under this Promissory Note without setoff, recoupment or deduction and regardless of any counterclaim or defense. This Promissory Note has been negotiated and delivered to Lender and is payable in the State of California. This Promissory Note shall be governed by and construed and enforced in accordance with, the laws of the State of California, excluding any conflicts of law rules or principles that would cause the application of the laws of any other jurisdiction. BORROWER FOR ITSELF AND ON BEHALF OF ITS SUBSIDIARIESBORROWER: DICERNA PHARMACEUTICALSREVANCE THERAPEUTICS, INC. By: Name: Title: EXHIBIT C NAME, LOCATIONS, AND OTHER INFORMATION FOR BORROWER

Appears in 1 contract

Samples: Loan and Security Agreement (Revance Therapeutics, Inc.)

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