Commitment Commencement Date. The satisfaction of the Applicable Funding Conditions for this Credit Facility. Commitment Termination Date: the earliest to occur of (a) March 31, 2022, (b) the date on which any Credit Extensions are made by the Lenders in respect of Credit Facility #4, and (c) the delivery of a written notice by Agent to Borrower terminating the Applicable Commitments following an Event of Default that has not been waived or cured at the time such notice is delivered. Minimum Credit Extension Amount: $20,000,000.00 Commencing on October 1, 2021 (the “Initial Amortization Start Date”) and continuing on the first day of each calendar month thereafter, an amount equal to the aggregate principal amount advanced under Credit Facility #1 divided by thirty-six (36); provided if Borrower provides evidence satisfactory to Agent that the applicable IO Extension Conditions (as defined below) have been satisfied at least ten (10) Business Days prior to the Initial Amortization Start Date, then the Initial Amortization Start Date shall be extended such that principal payments shall commence on the applicable Extended Amortization Start Date and shall be in an amount equal to the aggregate principal amount advanced under Credit Facility #1 divided by the number of full calendar months remaining (including the month in which the first amortization payment is made) before the occurrence of the Maturity Date. Credit Facility #2: Commencing on the Initial Amortization Start Date and continuing on the first day of each calendar month thereafter, an amount equal to the aggregate principal amount advanced under Credit Facility #2 divided by thirty-six (36); provided if Borrower provides evidence satisfactory to Agent that the applicable IO Extension Conditions (as defined below) have been satisfied at least ten (10) Business Days prior to the applicable Initial Amortization Start Date, then the Initial Amortization Start Date shall be extended such that principal payments shall commence on the Extended Amortization Start Date and shall be in an amount equal to the aggregate principal amount advanced under Credit Facility #2 divided by the number of full calendar months remaining (including the month in which the first amortization payment is made) before the occurrence of the Maturity Date. Credit Facility #3: Commencing on the latest to occur of (a) the Initial Amortization Start Date, (b) the first day of the first full calendar month immediately following such Credit Extension, and (c) the applicable Extended Amortization Start Date (if any), and, in each case, continuing on the first day of each calendar month thereafter, an amount equal the outstanding Credit Extension in respect of Credit Facility #3 divided by the number of full calendar months remaining (including such first full calendar month) before the occurrence of the Maturity Date.
Appears in 1 contract
Samples: Credit and Security Agreement (Rigel Pharmaceuticals Inc)
Commitment Commencement Date. The satisfaction of the Applicable Funding Conditions for this Credit Facility. Commitment Termination Date: the earliest to occur of (a) March 31June 30, 20222019, and (b) the date on which any Credit Extensions are made by the Lenders in respect of Credit Facility #4, and (c) the delivery of a written notice by Agent to Borrower terminating the Applicable Commitments following an Event of Default that has not been waived or cured at the time such notice is deliveredDefault. Minimum Credit Extension Amount: $20,000,000.00 2,500,000 Commencing on October the first day of January 1, 2021 2020 (the “Initial Amortization Start Date”) ), and continuing on the first day of each calendar month thereafter, an amount equal to the aggregate principal amount advanced under Credit Facility #1 divided by thirtyforty-six two (3642); provided if Borrower provides evidence satisfactory to Agent that the applicable IO Extension Conditions Condition (as defined below) have has been satisfied at least ten (10) Business Days days prior to the Initial Amortization Start Date and no Default or Event of Default has occurred and is continuing on the date which such notice is delivered or on the Initial Amortization Start Date, then the Initial Amortization Start Date shall be extended such that principal payments shall commence on the applicable Extended Amortization Start Date July 1, 2020 and shall be in an amount equal to the aggregate principal amount advanced under Credit Facility #1 divided by the number of full calendar months remaining thirty six (including the month in which 36). Commencing on the first amortization payment is made) before the occurrence of the Maturity Date. Credit Facility #2: Commencing on day the Initial Amortization Start Date Date, and continuing on the first day of each calendar month thereafter, an amount equal to the aggregate principal amount advanced under Credit Facility #2 divided by thirtyforty-six (3642); provided if Borrower provides evidence satisfactory to Agent that the applicable IO Extension Conditions (as defined below) have Condition has been satisfied at least ten (10) Business Days days prior to the applicable Initial Amortization Start Date and no Default or Event of Default has occurred and is continuing on the date which such notice is delivered or on the Initial Amortization Start Date, then the Initial Amortization Start Date shall be extended such that principal payments shall commence on the Extended Amortization Start Date July 1, 2020 and shall be in an amount equal to the aggregate principal amount advanced under Credit Facility #2 divided by the number of full calendar months remaining thirty six (including the month in which the first amortization payment is made) before the occurrence of the Maturity Date36). Credit Facility #3: Commencing on the latest to occur of (a) first day the Initial Amortization Start Date, (b) the first day of the first full calendar month immediately following such Credit Extension, and (c) the applicable Extended Amortization Start Date (if any), and, in each case, continuing on the first day of each calendar month thereafter, an amount equal to the outstanding Credit Extension in respect of aggregate principal amount advanced under Credit Facility #3 divided by forty-two (42); provided if Borrower provides evidence satisfactory to Agent that the number IO Extension Condition has been satisfied at least ten (10) days prior to the Initial Amortization Start Date and no Default or Event of full calendar months remaining Default has occurred and is continuing on the date which such notice is delivered or on the Initial Amortization Start Date, then the Initial Amortization Start Date shall be extended such that principal payments shall commence on July 1, 2020 and shall be in an amount equal to the aggregate principal amount advanced under Credit Facility #3 divided by thirty six (including such first full calendar month) before the occurrence of the Maturity Date. 36).
Appears in 1 contract
Samples: Credit and Security Agreement (BioNano Genomics, Inc)
Commitment Commencement Date. The satisfaction of the Applicable Funding Conditions for this Credit Facility. Commitment Termination Date: the earliest to occur of (a) March 31, 2022, (b) the date on which any Credit Extensions are made by the Lenders in respect of Credit Facility #42023, and (cb) the delivery of a written notice by Agent to Borrower terminating the Applicable Commitments following an Event of Default that has not been waived or cured at the time such notice is delivered. Minimum Credit Extension Amount: $20,000,000.00 Commencing on October 1, 2021 (the “Initial Amortization Start Date”) and continuing on the first day of each calendar month thereafter, an amount equal to the aggregate principal amount advanced under Credit Facility #1 divided by thirty-six (36); provided if Borrower provides evidence satisfactory to Agent that the applicable IO Extension Conditions (as defined below) have been satisfied at least ten (10) Business Days prior to the Initial Amortization Start Date, then the Initial Amortization Start Date shall be extended such that principal payments shall commence on the applicable Extended Amortization Start Date and shall be in an amount equal to the aggregate principal amount advanced under Credit Facility #1 divided by the number of full calendar months remaining (including the month in which the first amortization payment is made) before the occurrence of the Maturity Date. Credit Facility #2: Commencing on the Initial Amortization Start Date and continuing on the first day of each calendar month thereafter, an amount equal to the aggregate principal amount advanced under Credit Facility #2 divided by thirty-six (36); provided if Borrower provides evidence satisfactory to Agent that the applicable IO Extension Conditions (as defined below) have been satisfied at least ten (10) Business Days prior to the applicable Initial Amortization Start Date, then the Initial Amortization Start Date shall be extended such that principal payments shall commence on the Extended Amortization Start Date and shall be in an amount equal to the aggregate principal amount advanced under Credit Facility #2 divided by the number of full calendar months remaining (including the month in which the first amortization payment is made) before the occurrence of the Maturity Date. Credit Facility #3: Commencing on the latest to occur of (a) the Initial Amortization Start Date, (b) the first day of the first full calendar month immediately following such Credit Extension, and (cb) the applicable Extended Amortization Start Date (if any), and, in each case, continuing on the first day of each calendar month thereafter, Borrowers shall make principal payments in an amount equal the outstanding Credit Extension in respect of Credit Facility #3 divided by the number of full calendar months remaining (including such first full calendar month) before the occurrence of the Maturity Date.
Appears in 1 contract
Samples: Credit and Security Agreement (Rigel Pharmaceuticals Inc)
Commitment Commencement Date. The satisfaction of the Applicable Funding Conditions for this Credit Facility. Commitment Termination Date: the earliest to occur of (a) March 31June 30, 2022, (b) the date on which any Credit Extensions are made by the Lenders in respect of Credit Facility #42021, and (cb) the delivery of a written notice by Agent to Borrower terminating the Applicable Commitments following an Event of Default that has not been waived or cured at the time such notice is delivered. Minimum Credit Extension Amount: $20,000,000.00 25,000,000.00 Midcap / MannKind / Credit and Security Agreement Commencing on October the first day of September 1, 2021 (the “Initial Amortization Start Date”) and continuing on the first day of each calendar month thereafter, an amount equal to the aggregate principal amount advanced under Credit Facility #1 divided by thirty-six (36); provided if Borrower provides evidence satisfactory to Agent that the applicable IO Extension Conditions (as defined below) have been satisfied at least ten (10) Business Days prior to the Initial Amortization Start Date, then the Initial Amortization Start Date shall be extended such that principal payments shall commence on the applicable Extended Amortization Start Date and shall be in an amount equal to the aggregate principal amount advanced under Credit Facility #1 divided by the number of full calendar months remaining (including the month in which the first amortization payment is made) before the occurrence of the Maturity Date. Credit Facility #2: Commencing on the Initial first day of the Amortization Start Date and continuing on the first day of each calendar month thereafter, an amount equal to the aggregate principal amount advanced under Credit Facility #2 divided by thirty-six (36); provided if Borrower provides evidence satisfactory to Agent that the applicable IO Extension Conditions (as defined below) have been satisfied at least ten (10) Business Days prior to the applicable Initial Amortization Start Date, then the Initial Amortization Start Date shall be extended such that principal payments shall commence on the Extended Amortization Start Date and shall be in an amount equal to the aggregate principal amount advanced under Credit Facility #2 divided by the number of full calendar months remaining (including the month in which the first amortization payment is made) before the occurrence of the Maturity Date. Credit Facility #3: Commencing on the latest to occur later of (a) the Initial Amortization Start Date, Date and (b) the first day of the first full calendar month immediately following such Credit Extension, and (c) the applicable Extended Amortization Start Date (if any), Extension and, in each case, continuing on the first day of each calendar month thereafter, an amount equal the outstanding Credit Extension in respect of Credit Facility #3 divided by the number of full calendar months remaining (including such first full calendar month) before the occurrence of the Maturity Date. Notwithstanding anything to the contrary contained in the foregoing, the entire remaining outstanding principal balance under all Credit Extensions shall mature and be due and payable upon the Maturity Date. Midcap / MannKind / Credit and Security Agreement Borrower shall satisfy and complete each of the following obligations, or provide Agent with each of the items listed below, as applicable, on or before the date indicated below, all to the satisfaction of Agent in its sole and absolute discretion:
Appears in 1 contract
Commitment Commencement Date. The satisfaction of the Applicable Funding Conditions for this Credit Facility. Commitment Termination Date: the earliest to occur of (a) March 31, 2022, and (b) the date on which any Credit Extensions are made by the Lenders in respect of Credit Facility #4, and (c) the delivery of a written notice by Agent to Borrower terminating the Applicable Commitments following an Event of Default that has not been waived or cured at the time such notice is delivered. Minimum Credit Extension Amount: $20,000,000.00 Commencing on October 1, 2021 (the “Initial Amortization Start Date”) and continuing on the first day of each calendar month thereafter, an amount equal to the aggregate principal amount advanced under Credit Facility #1 divided by thirty-six (36); provided if Borrower provides evidence satisfactory to Agent that the applicable IO Extension Conditions (as defined below) have been satisfied at least ten (10) Business Days prior to the Initial Amortization Start Date, then the Initial Amortization Start Date shall be extended such that principal payments shall commence on the applicable Extended Amortization Start Date and shall be in an amount equal to the aggregate principal amount advanced under Credit Facility #1 divided by the number of full calendar months remaining (including the month in which the first amortization payment is made) before the occurrence of the Maturity Date. Credit Facility #2: Commencing on the Initial Amortization Start Date and continuing on the first day of each calendar month thereafter, an amount equal to the aggregate principal amount advanced under Credit Facility #2 divided by thirty-six (36); provided if Borrower provides evidence satisfactory to Agent that the applicable IO Extension Conditions (as defined below) have been satisfied at least ten (10) Business Days prior to the applicable Initial Amortization Start Date, then the Initial Amortization Start Date shall be extended such that principal payments shall commence on the Extended Amortization Start Date and shall be in an amount equal to the aggregate principal amount advanced under Credit Facility #2 divided by the number of full calendar months remaining (including the month in which the first amortization payment is made) before the occurrence of the Maturity Date. Credit Facility #3: Commencing on the Initial Amortization Start Date and continuing on the first day of each calendar month thereafter, an amount equal to the aggregate principal amount advanced under Credit Facility #3 divided by thirty-six (36); provided if Borrower provides evidence satisfactory to Agent that the applicable IO Extension Conditions (as defined below) have been satisfied at least ten (10) Business Days prior to the applicable Initial Amortization Start Date, then the Initial Amortization Start Date shall be extended such that principal payments shall commence on the Extended Amortization Start Date and shall be in an amount equal to the aggregate principal amount advanced under Credit Facility #3 divided by the number of full calendar months remaining (including the month in which the first amortization payment is made) before the occurrence of the Maturity Date. Credit Facility #4: Commencing on the latest to occur of (a) the Initial Amortization Start Date, (b) the first day of the first full calendar month immediately following such Credit Extension, and (c) the applicable Extended Amortization Start Date (if any), and, in each case, continuing on the first day of each calendar month thereafter, an amount equal the outstanding Credit Extension in respect of Credit Facility #3 4 divided by the number of full calendar months remaining (including such first full calendar month) before the occurrence of the Maturity Date. Notwithstanding anything to the contrary contained in the foregoing, the entire remaining outstanding principal balance under all Credit Extensions shall mature and be due and payable upon the Maturity Date. For purposes hereof of this Amortization Schedule, the following terms shall have the following meanings:
Appears in 1 contract
Samples: Credit and Security Agreement (Rigel Pharmaceuticals Inc)