Automatic Acceleration on Dissolution or Bankruptcy. Notwithstanding any other provisions of this Agreement, if an Event of Default under Section 5.4(d) shall occur, the principal of the Notes (together with any other amounts accrued or payable under this Agreement) shall thereupon become immediately due and payable without any presentment, demand, protest or notice of any kind, all of which are hereby expressly waived by the Borrower.
Appears in 16 contracts
Samples: Facility Agreement (Neos Therapeutics, Inc.), Facility Agreement (Pozen Inc /Nc), Facility Agreement (Tribute Pharmaceuticals Canada Inc.)
Automatic Acceleration on Dissolution or Bankruptcy. Notwithstanding any other provisions of this Agreement, if an Event of Default under Section 5.4(d5.5(d) shall occur, the principal of the Notes Loan (together with any other amounts accrued or payable under this Agreement) shall thereupon become immediately due and payable without any presentment, demand, protest or notice of any kind, all of which are hereby expressly waived by the Borrower.
Appears in 10 contracts
Samples: Facility Agreement (Exelixis Inc), Facility Agreement (Array Biopharma Inc), Facility Agreement (Arena Pharmaceuticals Inc)
Automatic Acceleration on Dissolution or Bankruptcy. Notwithstanding any other provisions of this Agreement, if an Event of Default under Section 5.4(d4.2(c) shall occur, the principal of the Notes (Loan, together with any other amounts accrued or payable under this Agreement) , shall thereupon become immediately due and payable without any presentment, demand, protest or notice of any kind, all of which are hereby expressly waived by the Borrower.
Appears in 3 contracts
Samples: Loan Agreement (Composite Technology Corp), Loan Agreement (Composite Technology Corp), Loan Agreement (Composite Technology Corp)
Automatic Acceleration on Dissolution or Bankruptcy. Notwithstanding any other provisions of this Agreement, if an Event of Default under Section 5.4(d6.1(d) shall occur, the principal of the Notes Loan (together with any other amounts accrued or payable under this Agreement) shall thereupon become immediately due and payable without any presentment, demand, protest or notice of any kind, all of which are hereby expressly waived by the Borrower.
Appears in 2 contracts
Samples: Facility Agreement (Hana Biosciences Inc), Loan Agreement (Dynavax Technologies Corp)
Automatic Acceleration on Dissolution or Bankruptcy. Notwithstanding any other provisions of this Agreement, if an Event of Default under Section 5.4(d5.4(e) shall occur, the principal of the Notes (together with any other amounts accrued or payable under this Agreement) shall thereupon become immediately due and payable without any presentment, demand, protest or notice of any kind, all of which are hereby expressly waived by the Borrower.
Appears in 2 contracts
Samples: Facility Agreement (Tengion Inc), Facility Agreement (Tengion Inc)
Automatic Acceleration on Dissolution or Bankruptcy. Notwithstanding any other provisions of this Agreement, if an Event of Default under Section 5.4(d) shall occuroccurs, the principal amount of the Notes (together with any other amounts accrued or payable under this AgreementObligations) shall thereupon become immediately due and payable without any presentment, demand, protest or notice of any kind, all of which are hereby expressly waived by the Borrower.
Appears in 2 contracts
Samples: Exchange Agreement and Amendment to Facility Agreement (Kempharm, Inc), Facility Agreement (Kempharm, Inc)
Automatic Acceleration on Dissolution or Bankruptcy. Notwithstanding any other provisions of this Agreement, if an Event of Default under Section 5.4(d5.2(b) shall occur, the principal of the Notes (together with any other amounts accrued or payable under this Agreement) shall thereupon become immediately due and payable without any presentment, demand, protest or notice of any kind, all of which are hereby expressly waived by the Borrower.
Appears in 2 contracts
Samples: Credit Facility Agreement (Fortress Biotech, Inc.), Credit Facility Agreement (Fortress Biotech, Inc.)
Automatic Acceleration on Dissolution or Bankruptcy. Notwithstanding any other provisions of this Agreement, if an Event of Default under Section 5.4(d5.1(c) shall occur, the principal of the Notes outstanding Balance (together with any other amounts accrued or payable under this Agreement) shall thereupon become immediately due and payable without any presentment, demand, protest or notice of any kind, all of which are hereby expressly waived by the Borrower.
Appears in 1 contract
Samples: Loan Agreement (Nephros Inc)
Automatic Acceleration on Dissolution or Bankruptcy. Notwithstanding any other provisions of this Agreement, if an Event of Default under clauses (iii) or (iv) of Section 5.4(d) shall occur, the principal of the Notes (together with any other amounts accrued or payable under this Agreementthe Transaction Documents) shall thereupon become immediately due and payable without any presentment, demand, protest or notice of any kind, all of which are hereby expressly waived by the BorrowerCompany.
Appears in 1 contract
Samples: Subordinated Note and Warrant Purchase Agreement (Trigran Investments, Inc.)
Automatic Acceleration on Dissolution or Bankruptcy. Notwithstanding any other provisions of this Agreement, if an Event of Default under Section 5.4(d) shall occur, the principal of the Notes (Note together with any other amounts accrued or payable outstanding Obligations under this Agreement) Agreement shall thereupon become immediately due and payable without any presentment, demand, protest or notice of any kind, all of which are hereby expressly waived by the BorrowerBorrowers.
Appears in 1 contract
Automatic Acceleration on Dissolution or Bankruptcy. Notwithstanding any other provisions of this Agreement, if an Event of Default under Section 5.4(d4.5(d) shall occur, the principal of the Notes (together with any other amounts accrued or payable under this Agreement) Final Payment shall thereupon become immediately due and payable without any presentment, demand, protest or notice of any kind, all of which are hereby expressly waived by the Borrower.
Appears in 1 contract
Automatic Acceleration on Dissolution or Bankruptcy. Notwithstanding any other provisions of this Agreement, if an Event of Default under Section 5.4(d4.4(iv) shall occuroccur on or prior to a Threshold having been reached or at any time thereafter, the principal of the Notes Note (together with any other amounts amount accrued or payable under this Agreement) shall thereupon become immediately due and payable without any presentment, demand, protest or notice of any kind, all of which are hereby expressly waived by the BorrowerPurchaser.
Appears in 1 contract
Automatic Acceleration on Dissolution or Bankruptcy. Notwithstanding any other provisions of this Agreement, if an Event of Default under Section 5.4(d) shall occur, the principal of the Notes (together with any other amounts interest accrued or payable under this Agreement) shall thereupon become immediately due and payable without any presentment, demand, protest or notice of any kind, all of which are hereby expressly waived by the Borrower.
Appears in 1 contract
Samples: Note Purchase Agreement (Aerie Pharmaceuticals Inc)