Common use of Attachments; Judgments Clause in Contracts

Attachments; Judgments. Any portion of Borrower’s assets is attached or seized, or a levy is filed against any such assets, or a judgment or judgments is/are entered for the payment of money (not covered by independent third party insurance as to which liability has not been rejected by such insurance carrier), individually or in the aggregate, of at least $2,000,000, or Borrower is enjoined or in any way prevented by court order from developing or commercializing TRC101, and such court order has not been vacated or overturned within forty-five days of the effectiveness thereof; or

Appears in 3 contracts

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

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Attachments; Judgments. Any portion of Borrower’s assets is attached or seized, or a levy is filed against any such assets, or a judgment or judgments is/are entered for the payment of money (not covered by independent third party insurance as to which liability has not been rejected by such insurance carrier), individually or in the aggregate, of at least $2,000,0001,000,000, and such judgment remains unsatisfied, unvacated or unstayed for a period of fifteen (15) days after the entry thereof, or Borrower is enjoined or in any way prevented by court order from developing or commercializing TRC101, and such court order has not been vacated or overturned within forty-five days conducting any part of the effectiveness thereofits business; or

Appears in 3 contracts

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

Attachments; Judgments. Any material portion of Borrower’s assets is attached or seized, or a levy is filed against any such assets, or a judgment or judgments is/are entered for the payment of money (not covered by independent third party insurance as to which liability has not been rejected by such insurance carrier), individually or in the aggregate, of at least $2,000,000[***], and such judgment remains unsatisfied, unvacated or unstayed for a period of twenty (20) days after the entry thereof, or Borrower is enjoined or in any way prevented by court order from developing or commercializing TRC101, and such court order has not been vacated or overturned within forty-five days conducting any material part of the effectiveness thereofits business; or

Appears in 3 contracts

Samples: Loan and Security Agreement (Geron Corp), Loan and Security Agreement (Geron Corp), Loan and Security Agreement (Geron Corp)

Attachments; Judgments. Any portion of Borrower’s 's assets is attached or seized, or a levy is filed against any such assets, or a judgment or judgments is/are entered for the payment of money money, individually or in the aggregate, of at least $500,000 (not covered by independent third party insurance as to which such liability has not been rejected accepted by such insurance carriercarrier as of the date of such attachment, seizure, levy or entry of judgment and such judgment remains unsatisfied, unvacated or unstayed for a period of ten (10) days after the entry thereof), individually or in the aggregate, of at least $2,000,000, or Borrower is enjoined or in any way prevented by court order from developing or commercializing TRC101, and such court order has not been vacated or overturned within forty-five days conducting any part of the effectiveness thereofits business; or

Appears in 2 contracts

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

Attachments; Judgments. Any material portion of Borrower’s assets is attached or seized, or a levy is filed against any such assets, or a judgment or judgments is/are entered for the payment of money (not covered by independent third party insurance as to which liability has not been rejected by such insurance carrier), individually or in the aggregate, of at least $2,000,000[***], and such judgment remains unsatisfied, unvacated or unstayed for a period of thirty (30) days after the entry thereof, or Borrower is enjoined or in any way prevented by court order from developing or commercializing TRC101, and such court order has not been vacated or overturned within forty-five days conducting any part of the effectiveness thereofits business; or

Appears in 2 contracts

Samples: Loan and Security Agreement (Viridian Therapeutics, Inc.\DE), Loan and Security Agreement (Viridian Therapeutics, Inc.\DE)

Attachments; Judgments. Any portion of Borrower’s assets is attached or seized, or a levy is filed against any such assets, or a judgment or judgments is/are entered for the payment of money (not covered by independent third party insurance as to which liability has not been rejected by such insurance carrier), individually or in the aggregate, of at least One Hundred and Fifty Thousand Dollars ($2,000,000150,000), and remains unstayed, unbonded and unsatisfied for more than ten (10) days, or Borrower is enjoined or in any way prevented by court order from developing or commercializing TRC101, and such court order has not been vacated or overturned within forty-five days conducting any part of the effectiveness thereofits business; or

Appears in 1 contract

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

Attachments; Judgments. Any portion of Borrower’s assets is attached or seized, or a levy is filed against any such assets, or a final judgment or judgments is/are entered for the payment of money (not covered by independent third party insurance as to which liability has not been rejected by such insurance carrier), individually or in the aggregate, of at least $2,000,000750,000 (and such attachment, seizure, levy or judgment is not stayed or vacated by Borrower within 45 days) or Borrower is enjoined or in any way prevented by court order from developing or commercializing TRC101, and such court order has not been vacated or overturned within forty-five days conducting any material part of the effectiveness thereofits business; or

Appears in 1 contract

Samples: Loan and Security Agreement (Fuelcell Energy Inc)

Attachments; Judgments. Any portion of Borrower’s assets is attached or seized, or a levy is filed against any such assets, or a judgment or judgments is/are entered for the payment of money money, individually or in the aggregate, of at least $250,000 (not covered by independent third party insurance as to which liability has not been rejected accepted by such insurance carrier), individually which judgment or in the aggregate, judgments is/are not discharged or effectively waived or stayed for a period of at least $2,000,000thirty (30) consecutive days, or Borrower is enjoined or in any way prevented by court order from developing or commercializing TRC101, and such court order has not been vacated or overturned within forty-five days conducting any part of the effectiveness thereofits business; or

Appears in 1 contract

Samples: Loan and Security Agreement (Celsion CORP)

Attachments; Judgments. Any material portion of Borrower’s assets is attached or seized, or a levy is filed against any such assets, or a judgment or judgments is/by a court of competent jurisdiction is or are entered for the payment of money (not covered by independent third party insurance as to which liability has not been rejected by such insurance carrier), individually or in the aggregate, of at least $2,000,0001,000,000 and such judgement remains unsatisfied, unvacated or unstayed for a period of forty-five (45) days after the entry thereof, or Borrower is enjoined or in any way prevented by court order from developing or commercializing TRC101, and such court order has not been vacated or overturned within forty-five days conducting any material part of the effectiveness thereofits business; or

Appears in 1 contract

Samples: Loan and Security Agreement (Kura Oncology, Inc.)

Attachments; Judgments. Any portion of Borrower’s assets is attached or seized, or a levy is filed against any such assets, or a judgment or judgments is/are entered for the payment of money (not covered by independent third third-party insurance as to which liability has not been rejected by such insurance carrier), individually or in the aggregate, of at least Two Hundred Fifty Thousand Dollars ($2,000,000250,000) and such judgment remains unsatisfied, unvacated or unstayed for a period of thirty (30) days after the entry thereof, or Borrower is enjoined or in any way prevented by court order from developing or commercializing TRC101, and such court order has not been vacated or overturned within forty-five days conducting any material part of the effectiveness thereofits business; or

Appears in 1 contract

Samples: Loan and Security Agreement (Lucira Health, Inc.)

Attachments; Judgments. Any portion of Borrower’s assets is attached or seized, or a levy is filed against any such assets, or a judgment or judgments is/are entered for the payment of money (not covered by independent third party insurance as to which liability has not been rejected by such insurance carrier), individually or in the aggregate, of at least Five Hundred Thousand Dollars ($2,000,000500,000) and such judgment remains unsatisfied, unvacated or unstayed for a period of thirty (30) days after the entry thereof, or Borrower is enjoined or in any way prevented by court order from developing or commercializing TRC101, and such court order has not been vacated or overturned within forty-five days conducting any part of the effectiveness thereofits business; or

Appears in 1 contract

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

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Attachments; Judgments. Any portion of Borrower’s assets is attached or seized, or a levy is filed against any such assets, or a judgment or judgments is/are entered for the payment of money (not covered by independent third party insurance as to which liability has not been rejected by such insurance carrier), individually or in the aggregate, of at least $2,000,000750,000 and such judgment remains unsatisfied, unvacated or unstayed for a period of forty-five (45) days after the entry thereof, or Borrower is enjoined or in any way prevented by court order from developing or commercializing TRC101, and such court order has not been vacated or overturned within forty-five days conducting any material part of the effectiveness thereofits business; or

Appears in 1 contract

Samples: Loan and Security Agreement (Syndax Pharmaceuticals Inc)

Attachments; Judgments. Any portion of Borrower’s assets is attached or seized, or a levy is filed against any such assets, or a judgment or judgments is/are entered for the payment of money money, individually or in the aggregate, of at least $150,000 (not covered by independent third party insurance as to which liability has not been rejected accepted by such insurance carrier), individually which judgment or in the aggregate, judgments is/are not discharged or effectively waived or stayed for a period of at least $2,000,000twenty (20) consecutive days, or Borrower is enjoined or in any way prevented by court order from developing or commercializing TRC101, and such court order has not been vacated or overturned within forty-five days conducting any material part of the effectiveness thereofits business; or

Appears in 1 contract

Samples: Loan and Security Agreement (Baxano Surgical, Inc.)

Attachments; Judgments. Any portion of Borrower’s assets is attached or seized, or a levy is filed against any such assets, or a judgment or judgments is/are entered for the payment of money (not covered by independent third party insurance as to which liability has not been rejected by such insurance carrier), individually or in the aggregate, in excess of at least $2,000,0002,000,000 which remains unsatisfied, unvacated or unstayed for a period of 30 days after entry, or Borrower is enjoined or in any way prevented by court order from developing or commercializing TRC101, and such court order has not been vacated or overturned within forty-five days conducting any material part of the effectiveness thereofits business; or

Appears in 1 contract

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

Attachments; Judgments. Any portion of Borrower’s assets is attached or seized, or a levy is filed against any such assets, or a judgment or judgments is/are entered for the payment of money (not covered by independent third party insurance as to which liability has not been rejected by such insurance carrier), individually or in the aggregate, of at least Two Hundred Thousand Dollars ($2,000,000200,000.00), and remains unstayed, unbonded and unsatisfied for more than ten (10) days, or Borrower is enjoined or in any way prevented by court order from developing or commercializing TRC101, and such court order has not been vacated or overturned within forty-five days conducting any part of the effectiveness thereofits business; or

Appears in 1 contract

Samples: Loan and Security Agreement (Merrimack Pharmaceuticals Inc)

Attachments; Judgments. Any portion of Borrower’s assets is attached or seized, or a levy is filed against any such assets, or a judgment or judgments is/are entered for the payment of money (not covered by independent third party insurance as to which liability has not been rejected by such insurance carrier), individually or in the aggregate, of at least $2,000,000150,000, which judgment or judgments is/are not discharged or effectively waived or stayed for a period of thirty (30) consecutive days, or Borrower is enjoined or in any way prevented by court order from developing or commercializing TRC101, and such court order has not been vacated or overturned within forty-five days conducting any part of the effectiveness thereofits business; or

Appears in 1 contract

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

Attachments; Judgments. Any portion of Borrower’s assets is attached or seized, or a levy is filed against any such assets, or a judgment or judgments either by a court of competent jurisdiction or by a regulatory agency with the power to do so is/are entered for the payment of money (not covered by independent third party insurance as to which liability has not been rejected by such insurance carrier), individually or in the aggregate, of at least One Million Dollars ($2,000,0001,000,000), or Borrower is enjoined or in any way prevented by court order from developing or commercializing TRC101, and such court order has not been vacated or overturned within forty-five days conducting any part of the effectiveness thereofits business; or

Appears in 1 contract

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

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