Compliance and Resolution. Borrower agrees that a failure to comply with Borrower’s obligations under this Addendum, or any other set of facts or circumstances where it has been asserted by any governmental regulatory agency (or Agent or Lender believes that there is a substantial risk of such assertion) that Agent, Lender and their affiliates are not entitled to hold, or exercise any significant right with respect to, any securities issued to Lender by Borrower, will constitute a breach of the obligations of Borrower under the financing agreements among Borrower, Agent and Lender. In the event of (i) a failure to comply with Borrower’s obligations under this Addendum; or (ii) an assertion by any governmental regulatory agency (or Agent or Lender believes that there is a substantial risk of such assertion) of a failure to comply with Borrower’s obligations under this Addendum, then (i) Agent, Lender and Borrower will meet and resolve any such issue in good faith to the satisfaction of Borrower, Agent, Lender, and any governmental regulatory agency, and (ii) upon request of Lender or Agent, Borrower will cooperate and assist with any assignment of the financing agreements among Hercules Technology II, L.P., and Hercules Technology Growth Capital, Inc. To: Agent: Date: __________, 20__ Hercules Technology Growth Capital, Inc. (the “Agent”) 400 Xxxxxxxx Xxxxxx, Suite 310 Palo Alto, CA 94301 Facsimile: 600-000-0000 Attn: ChromaDex Corporation (“Borrower”) hereby requests from Hercules Technology Growth Capital, Inc. (“Agent”), as agent for Hercules Technology II, L.P. (“Lender”) an Advance in the amount of _____________________ Dollars ($________________) on ______________, _____ (the “Advance Date”) pursuant to the Loan and Security Agreement among Borrower, Agent and Lender (the “Agreement”). Capitalized words and other terms used but not otherwise defined herein are used with the same meanings as defined in the Agreement.
Appears in 1 contract
Compliance and Resolution. Borrower agrees that a failure to comply with Borrower’s obligations under this Addendum, or any other set of facts or circumstances where it has been asserted by any governmental regulatory agency (or Agent or Lender believes that there is a substantial risk of such assertion) that Agent, Lender and their affiliates are not entitled to hold, or exercise any significant right with respect to, any securities issued to Lender by Borrower, will constitute a breach of the obligations of Borrower under the financing agreements among Borrower, Agent and Lender. In the event of (i) a failure to comply with Borrower’s obligations under this Addendum; or (ii) an assertion by any governmental regulatory agency (or Agent or Lender believes that there is a substantial risk of such assertion) of a failure to comply with Borrower’s obligations under this Addendum, then (i) Agent, Lender and Borrower will meet and resolve any such issue in good faith to the satisfaction of Borrower, Agent, Lender, and any governmental regulatory agency, and (ii) upon request of Lender or Agent, Borrower will cooperate and assist with any assignment of the financing agreements among Hercules Technology IIIII, L.P., L.P. and Hercules Technology Growth Capital, Inc. To: Agent: Date: __________June , 20__ 2014 Hercules Technology Growth Capital, Inc. (the “Agent”) 400 000 Xxxxxxxx Xxxxxx, Suite 310 Palo Alto, CA 94301 Facsimile: 600000-000-0000 Attn: ChromaDex Corporation Lithera, Inc. (“Borrower”) hereby requests from Hercules Technology Growth CapitalIII, Inc. (“Agent”), as agent for Hercules Technology II, L.P. L.P.] (“Lender”) an Advance in the amount of _____________________ Dollars ($________________$ ) on ______________, _____ (the “Advance Date”) pursuant to the Loan and Security Agreement among Borrower, Agent and Lender (the “Agreement”). Capitalized words and other terms used but not otherwise defined herein are used with the same meanings as defined in the Agreement.
Appears in 1 contract
Compliance and Resolution. Borrower agrees that a failure to comply with Borrower’s obligations under this Addendum, or any other set of facts or circumstances where it has been asserted by any governmental regulatory agency (or Agent or Lender believes that there is a substantial risk of such assertion) that Agent, Lender and their affiliates are not entitled to hold, or exercise any significant right with respect to, any securities issued to Lender by Borrower, will constitute a breach of the obligations of Borrower under the financing agreements among Borrower, Agent and Lender. In the event of (i) a failure to comply with Borrower’s obligations under this Addendum; or (ii) an assertion by any governmental regulatory agency (or Agent or Lender believes that there is a substantial risk of such assertion) of a failure to comply with Borrower’s obligations under this Addendum, then (i) Agent, Lender and Borrower will meet and resolve any such issue in good faith to the satisfaction of Borrower, Agent, Lender, and any governmental regulatory agency, and (ii) upon request of Lender or Agent, Borrower will cooperate and assist with any assignment of the financing agreements among Hercules Technology II, L.P., Hercules Technology III, L.P. and Hercules Technology Growth Capital, Inc. To: Agent: Date: __________, 20[__ _] Hercules Technology Growth Capital, Inc. (the “Agent”) 400 000 Xxxxxxxx Xxxxxx, Suite 310 Palo Alto, CA 94301 Facsimileemail: 600-000-0000 xxxxx@xxxxxxxxxxxx.xxx Attn: ChromaDex Corporation Tricida, Inc. (“Borrower”) hereby requests from Hercules Technology Growth Capital, Inc. (“Agent”), as agent for and Hercules Technology IIIII, L.P. (each, a “Lender”) an Advance in the amount of _____________________ Dollars ($________________) on ______________, _____ (the “Advance Date”) pursuant to the Loan and Security Agreement dated as of February 28, 2018 (as amended, restated, supplemented or modified from time to time, the “Agreement”) among Borrower, Agent and Lender (the “Agreement”)lenders party thereto. Capitalized words and other terms used but not otherwise defined herein are used with the same meanings as defined in the Agreement.
Appears in 1 contract
Compliance and Resolution. Borrower agrees that a failure to comply with Borrower’s obligations under this Addendum, or any other set of facts or circumstances where it has been asserted by any governmental regulatory agency (or Agent or Lender believes that there is a substantial risk of such assertion) that Agent, Lender and their affiliates are not entitled to hold, or exercise any significant right with respect to, any securities issued to Lender by Borrower, will constitute a breach of the obligations of Borrower under the financing agreements among Borrower, Agent and Lender. In the event of (i) a failure to comply with Borrower’s obligations under this Addendum; or (ii) an assertion by any governmental regulatory agency (or Agent or Lender believes that there is a substantial risk of such assertion) of a failure to comply with Borrower’s obligations under this Addendum, then (i) Agent, Lender and Borrower will meet and resolve any such issue in good faith to the satisfaction of Borrower, Agent, Lender, and any governmental regulatory agency, and (ii) upon request of Lender or Agent, Borrower will cooperate and assist with any assignment of the financing agreements among Hercules Technology IIIII, L.P., L.P. and Hercules Technology Growth Capital, Inc. To: Agent: Date: __________, 20__ [ ] Hercules Technology Growth Capital, Inc. (the “Agent”) 400 000 Xxxxxxxx Xxxxxx, Suite 310 Palo Alto, CA 94301 Facsimileemail: 600-000-0000 xxxxx@xxxxxxxxxxxx.xxx Attn: ChromaDex Corporation Constellation Pharmaceuticals, Inc., a Delaware corporation (“Borrower”) hereby requests from Hercules Technology Growth Capital, Inc. (“Agent”), as agent for Hercules Technology II, L.P. (“Lender”) an Advance in the amount of _____________________ Dollars ($________________$ ) on ______________, _____ (the “Advance Date”) pursuant to the Loan and Security Agreement among Borrower, Agent and Lender (the “Agreement”). Capitalized words and other terms used but not otherwise defined herein are used with the same meanings as defined in the Agreement.. Please:
(a) Issue a check payable to Borrower or
(b) Wire Funds to Borrower’s account [LAST 3 DIGITS] Bank: Address: ABA Number: Account Number: Account Name: Contact Person: Phone Number To Verify Wire Info: Email address: Borrower represents that the conditions precedent to the Advance set forth in the Agreement shall be satisfied upon the making of such Advance, including but not limited to: (i) that no event that has had or could reasonably be expected to have a Material Adverse Effect has occurred and is continuing; (ii) that the representations and warranties set forth in the Agreement are and shall be true and correct in all material respects on and as of the Advance Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date; and (iii) that as of the Advance Date, no fact or condition exists that could (or could, with the passage of time, the giving of notice, or both) constitute an Event of Default under the Loan Documents. Borrower understands and acknowledges that Agent has the right to review the financial information supporting this representation and, based upon such review in its sole discretion, Lender may decline to fund the requested Advance. Borrower hereby represents that Borrower’s corporate status and chief executive office have not changed since the date of the Agreement (except as otherwise disclosed to Agent) or, if the Attachment to this Advance Request is completed, are as set forth in the Attachment to this Advance Request. Borrower agrees to notify Agent promptly before the funding of the Loan if any of the matters which have been represented above shall not be true and correct on the Advance Date and if Agent has received no such notice before the Advance Date then the statements set forth above shall be deemed to have been made and shall be deemed to be true and correct as of the Advance Date. Executed as of [ ], 20[ ]. BORROWER: CONSTELLATION PHARMACEUTICALS, INC. SIGNATURE: TITLE: PRINT NAME:
Appears in 1 contract
Samples: Loan and Security Agreement (Constellation Pharmaceuticals Inc)
Compliance and Resolution. Borrower agrees that a failure to comply with Borrower’s obligations under this Addendum, or any other set of facts or circumstances where it has been asserted by any governmental regulatory agency (or Agent or Lender believes that there is a substantial risk of such assertion) that Agent, Lender and their affiliates are not entitled to hold, or exercise any significant right with respect to, any securities issued to Lender by Borrower, will constitute a breach of the obligations of Borrower under the financing agreements among Borrower, Agent and Lender. In the event of (i) a failure to comply with Borrower’s obligations under this Addendum; or (ii) an assertion by any governmental regulatory agency (or Agent or Lender believes that there is a substantial risk of such assertion) of a failure to comply with Borrower’s obligations under this Addendum, then (i) Agent, Lender and Borrower will meet and resolve any such issue in good faith to the satisfaction of Borrower, Agent, Lender, and any governmental regulatory agency, and (ii) upon request of Lender or Agent, Borrower will cooperate and assist with any assignment of shall promptly assign the financing agreements among from Hercules Technology II, L.P., and L.P. to Hercules Technology Growth Capital, Inc. EXHIBIT A ADVANCE REQUEST To: Agent: Date: ________December __, 20__ 2010 Hercules Technology Growth Capital, Inc. (the “Agent”) 400 Hercules Technology II, L.P. 000 Xxxxxxxx Xxxxxx, Suite 310 Palo Alto, CA 94301 Facsimile: 600000-000-0000 Attn: ChromaDex Corporation Xxxxx Xxxx BRIGHTSOURCE ENERGY, INC. (“Borrower”) hereby requests from Hercules Technology Growth Capital, Inc. (“Agent”), as agent for and Hercules Technology II, L.P. (collectively “Lender”) an Advance two Advances in the aggregate amount of _____________________ Dollars $25,000,000 (consisting of one Term Loan A Advance of $________________) 11,250,000 and one Term Loan B Advance of $13,750,000 on ______________December 28, _____ 2010 (the “Advance Date”) pursuant to the Loan and Security Guaranty Agreement among Borrower, Agent between Borrower and Lender (the “Agreement”). Capitalized words and other terms used but not otherwise defined herein are used with the same meanings as defined in the Agreement.. Please:
(a) Issue a check payable to Borrower or
(b) Wire Funds to Borrower’s account Bank: Address: ABA Number: Account Number: Account Name: Borrower represents that the conditions precedent to the Advance set forth in the Agreement are satisfied and shall be satisfied upon the making of such Advance, including but not limited to: (i) that no event that has had or could reasonably be expected to have a Material Adverse Effect has occurred and is continuing; (ii) that the representations and warranties set forth in the Agreement and in the Warrant are and shall be true and correct in all material respects on and as of the Advance Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date; (iii) that Borrower is in compliance with all the terms and provisions set forth in each Loan Document on its part to be observed or performed; and (iv) that as of the Advance Date, no fact or condition exists that would (or would, with the passage of time, the giving of notice, or both) constitute an Event of Default under the Loan Documents. Borrower understands and acknowledges that Lender has the right to review the financial information supporting this representation and, based upon such review in its sole discretion, Lender may decline to fund the requested Advance. Borrower hereby represents that Borrower’s corporate status and locations have not changed since the date of the Agreement or, if the Attachment to this Advance Request is completed, are as set forth in the Attachment to this Advance Request. Borrower agrees to notify Lender promptly before the funding of the Loan if any of the matters which have been represented above shall not be true and correct on the Advance Date and if Lender has received no such notice before the Advance Date then the statements set forth above shall be deemed to have been made and shall be deemed to be true and correct as of the Advance Date. Executed as of December __, 2010. BRIGHTSOURCE ENERGY, INC. SIGNATURE: TITLE: PRINT NAME:
Appears in 1 contract
Samples: Loan and Guaranty Agreement
Compliance and Resolution. Borrower agrees that a failure to comply with Borrower’s obligations under this Addendum, or any other set of facts or circumstances where it has been asserted by any governmental regulatory agency (or Agent or Lender believes that there is a substantial risk of such assertion) that Agent, Lender and their affiliates are not entitled to hold, or exercise any significant right with respect to, any securities issued to Lender by Borrower, will constitute a breach of the obligations of Borrower under the financing agreements among Borrower, Agent and Lender. In the event of (i) a failure to comply with Borrower’s obligations under this Addendum; or (ii) an assertion by any governmental regulatory agency (or Agent or Lender believes that there is a substantial risk of such assertion) of a failure to comply with Borrower’s obligations under this Addendum, then (i) Agent, Lender and Borrower will meet and resolve any such issue in good faith to the satisfaction of Borrower, Agent, Lender, and any governmental regulatory agency, and (ii) upon request of Lender or Agent, Borrower will cooperate and assist with any assignment of the financing agreements among Hercules Technology II, L.P., Hercules Technology III, L.P. and Hercules Technology Growth Capital, Inc. To: Agent: Date: __________, 20__ 2014 Hercules Technology Growth Capital, Inc. (the “Agent”) 400 000 Xxxxxxxx Xxxxxx, Suite 310 Palo Alto, CA 94301 Facsimile: 600000-000-0000 Attn: ChromaDex Celladon Corporation (“Borrower”) hereby requests from Hercules Technology Growth Capital, Inc. (“Agent”)or Hercules Technology III, L.P., as agent for Hercules Technology II, L.P. applicable (“Lender”) an Advance in the amount of _____________________ Dollars ($________________$ ) on ______________, _____ (the “Advance Date”) pursuant to as a [CHECK APPROPRIATE BOX]: [ ] First Tranche Advance [ ] Second Tranche Advance under the Loan and Security Agreement among Borrower, Agent and Lender dated July 31, 2014 (the “Agreement”). Capitalized words and other terms used but not otherwise defined herein are used with the same meanings as defined in the Agreement.
Appears in 1 contract
Compliance and Resolution. Borrower agrees that a failure to comply with Borrower’s obligations under this Addendum, or any other set of facts or circumstances where it has been asserted by any governmental regulatory agency (or Agent or Lender believes that there is a substantial risk of such assertion) that Agent, Lender and their affiliates are not entitled to hold, or exercise any significant right with respect to, any securities issued to Lender by Borrower, will constitute a breach of the obligations of Borrower under the financing agreements among Borrower, Agent and Lender. In the event of (i) a failure to comply with Borrower’s obligations under this Addendum; or (ii) an assertion by any governmental regulatory agency (or Agent or Lender believes that there is a substantial risk of such assertion) of a failure to comply with Borrower’s obligations under this Addendum, then (i) Agent, Lender and Borrower will meet and resolve any such issue in good faith to the satisfaction of Borrower, Agent, Lender, and any governmental regulatory agency, and (ii) upon request of Lender or Agent, Borrower will cooperate and assist with any assignment of the financing agreements among Hercules Technology II, L.P., Hercules Technology III, L.P. and Hercules Technology Growth Capital, Inc. To: Agent: Date: __________, 20__ [ ] Hercules Technology Growth Capital, Inc. (the “Agent”) 400 000 Xxxxxxxx Xxxxxx, Suite 310 Palo Alto, CA 94301 Facsimileemail: 600-000-0000 xxxxx@xxxxxxxxxxxx.xxx Attn: ChromaDex Corporation MOTIF BIOSCIENCES INC. (“Borrower”) hereby requests from Hercules Technology Growth Capital, Inc. (“Agent”), as agent for each of Hercules Technology II, L.P. and Hercules Technology III, L.P. (collectively, “Lender”) an Advance in the aggregate amount of _____________________ Dollars ($________________$ ) on ______________, _____ 20 (the “Advance Date”) pursuant to the Loan and Security Agreement among Borrower, Agent and Lender (the “Agreement”). Capitalized words and other terms used but not otherwise defined herein are used with the same meanings as defined in the Agreement.
Appears in 1 contract
Compliance and Resolution. Borrower agrees that a failure to comply with Borrower’s obligations under this Addendum, or any other set of facts or circumstances where it has been asserted by any governmental regulatory agency (or Agent or Lender believes that there is a substantial risk of such assertion) that Agent, Lender and their affiliates Affiliates are not entitled to hold, or exercise any significant right with respect to, any securities issued to Lender by Borrower, will constitute a breach of the obligations of Borrower under the financing agreements among Borrower, Agent and Lender. In the event of (i) a failure to comply with Borrower’s obligations under this Addendum; or (ii) an assertion by any governmental regulatory agency (or Agent or Lender reasonably believes that there is a substantial risk of such assertion) of a failure to comply with Borrower’s obligations under this Addendum, then (i) Agent, Lender and Borrower will meet and resolve any such issue in good faith to the satisfaction of Borrower, Agent, Lender, and any governmental regulatory agency, and (ii) upon request of Lender or Agent, Borrower will cooperate and assist with any assignment of the financing agreements among Hercules Technology IIIII, L.P., L.P. and Hercules Technology Growth Capital, Inc. To: Agent: Date: __________, 20__ [●] Hercules Technology Growth Capital, Inc. (the “Agent”) 400 Xxxxxxxx Xxxxxx, Suite 310 Palo Alto, CA 94301 Facsimile: 600-000-0000 Attn: ChromaDex Corporation Mast Therapeutics, Inc. (“Borrower”) hereby requests from Hercules Technology Growth Capital, Inc. (“Agent”), as agent for Hercules Technology II, L.P. that Agent direct the applicable lender (“Lender”) to make an Advance in the amount of _____________________ Dollars ($________________) [●] on ______________, _____ [●] (the “Advance Date”) pursuant to the Loan and Security Agreement among Borrower, Agent and Lender (the “Agreement”). Capitalized words and other terms used but not otherwise defined herein are used with the same meanings as defined in the Agreement.
Appears in 1 contract
Samples: Loan and Security Agreement (Mast Therapeutics, Inc.)
Compliance and Resolution. Borrower Xxxxxxxx agrees that a failure to comply with BorrowerXxxxxxxx’s obligations under this Addendum, or any other set of facts or circumstances where it has been asserted by any governmental regulatory agency (or Agent or Lender Xxxxxx believes that there is a substantial risk of such assertion) that Agent, Lender and their affiliates are not entitled to hold, or exercise any significant right with respect to, any securities issued to Lender by Borrower, will constitute a breach of the obligations of Borrower under the financing agreements among Borrower, Agent and Lender. In the event of (i) a failure to comply with Borrower’s obligations under this Addendum; or (ii) an assertion by any governmental regulatory agency (or Agent or Lender believes that there is a substantial risk of such assertion) of a failure to comply with Borrower’s obligations under this Addendum, then (i) Agent, Lender Xxxxxx and Borrower will meet and resolve any such issue in good faith to the satisfaction of Borrower, Agent, Lender, and any governmental regulatory agency, and (ii) upon request of Lender or Agent, Borrower will cooperate and assist with any assignment of the financing agreements among Hercules Technology IICapital, L.P.Inc., Hercules Private Credit Fund I L.P. and Hercules Technology Private Global Venture Growth Capital, Inc. Fund I L.P. To: Agent: Date: __________ , 20__ 20 Hercules Technology Growth Capital, Inc. (the “Agent”) 400 000 Xxxxxxxx Xxxxxx, Suite 310 Palo Alto, CA 94301 Facsimile email: 600-000-0000 xxxxx@xxxxxxxxxxxx.xxx Attn: ChromaDex Corporation TG Therapeutics, Inc., a Delaware corporation (the “Parent”) and TG Biologics, Inc. a Delaware corporation (“TG Bio”; together with Parent, together with each of Parent’s Subsidiaries that delivers a Joinder Agreement pursuant to Section 7.13 of the Agreement (as defined below) individually and collectively, jointly and severally, the “Borrower”) hereby requests from Hercules Technology Growth Capital, Inc. (“Agent”)Inc., as agent for Hercules Technology II, Private Credit Fund I L.P. and Hercules Private Global Venture Growth Fund I L.P. (collectively “Lender”) an Advance in the amount of _____________________ Dollars ($________________ ) on ______________, _____ (the on , (the “Advance Date”) pursuant to the Amended and Restated Loan and Security Agreement Agreement, dated as of December 30, 2021, among Borrower, Agent and Lender (as amended, restated, amended and restated, supplemented and otherwise modified from time to time, the “Agreement”). Capitalized words and other terms used but not otherwise defined herein are used with the same meanings as defined in the Agreement.
Appears in 1 contract
Samples: Loan and Security Agreement (Tg Therapeutics, Inc.)
Compliance and Resolution. Borrower agrees that a failure to comply with Borrower’s obligations under this Addendum, or any other set of facts or circumstances where it has been asserted by any governmental regulatory agency (or Agent or Lender believes that there is a substantial risk of such assertion) that Agent, Lender and their affiliates are not entitled to hold, or exercise any significant right with respect to, any securities issued to Lender by Borrower, will constitute a breach of the obligations of Borrower under the financing agreements among Borrower, Agent and Lender. In the event of (i) a failure to comply with Borrower’s obligations under this Addendum; or (ii) an assertion by any governmental regulatory agency (or Agent or Lender believes that there is a substantial risk of such assertion) of a failure to comply with Borrower’s obligations under this Addendum, then (ix) Agent, Lender and Borrower will meet and resolve any such issue in good faith to the satisfaction of Borrower, Agent, Lender, and any governmental regulatory agency, and (iiy) upon request of Lender or Agent, Borrower will cooperate and assist with any assignment of the financing agreements among Hercules Technology IIIII, L.P., Hercules Technology II, L.P. and Hercules Technology Growth Capital, Inc. To: Agent: Date: __________[●], 20__ 2016 Hercules Technology Growth Capital, Inc. (the “Agent”) 400 000 Xxxxxxxx Xxxxxx, Suite 310 Palo Alto, CA 94301 Facsimileemail: 600-000-0000 xxxxx@xxxxxxxxxxxx.xxx Attn: ChromaDex Corporation [Advance request to be provided to each Lender] Bellicum Pharmaceuticals, Inc. (“Borrower”) hereby requests from [Hercules Technology Growth Capital, Inc. (“Agent”)Inc.]/[Hercules Technology III, as agent for L.P.]/[ Hercules Technology II, L.P. L.P.] (“Lender”) an Advance in the amount of _____________________ Dollars ($________________) [●] on ______________[●], _____ 201[●] (the “Advance Date”) pursuant to the Loan and Security Agreement among Borrower, Agent and Lender (the “Agreement”). Capitalized words and other terms used but not otherwise defined herein are used with the same meanings as defined in the Agreement.
Appears in 1 contract
Samples: Loan and Security Agreement (Bellicum Pharmaceuticals, Inc)
Compliance and Resolution. Borrower agrees that a failure to comply with Borrower’s obligations under this Addendum, or any other set of facts or circumstances where it has been asserted by any governmental regulatory agency (or Agent or Lender believes that there is a substantial risk of such assertion) that Agent, Lender and their affiliates are not entitled to hold, or exercise any significant right with respect to, any securities issued to Lender by Borrower, will constitute a breach of the obligations of Borrower under the financing agreements among Borrower, Agent and Lender. In the event of (i) a failure to comply with Borrower’s obligations under this Addendum; or (ii) an assertion by any governmental regulatory agency (or Agent or Lender believes that there is a substantial risk of such assertion) of a failure to comply with Borrower’s obligations under this Addendum, then (i) Agent, Lender and Borrower will meet and resolve any such issue in good faith to the satisfaction of Borrower, Agent, Lender, and any governmental regulatory agency, and (ii) upon request of Lender or Agent, Borrower will cooperate and assist with any assignment of the financing agreements among Hercules Technology IIIII, L.P., L.P. and Hercules Technology Growth Capital, Inc. To: Agent: Date: :__________, 20__ Hercules Technology Growth Capital, Inc. (the “Agent”) 400 Xxxxxxxx Xxxxxx, Suite 310 Palo Alto, CA 94301 Facsimileemail: 600-000-0000 lexxx@xxxxxxxxxxxx.xxx Attn: ChromaDex Corporation TG Therapeutics, Inc., a Delaware corporation (the “Parent”) and TG Biologics, Inc. a Delaware corporation (“TG Bio”; together with Parent, individually and collectively, jointly and severally, the “Borrower”) hereby requests from Hercules Technology Growth Capital, Inc. (“Agent”)Inc., as agent for and Hercules Technology IIIII, L.P. (collectively “Lender”) an Advance in the amount of _____________________ Dollars ($________________) on ______________, _____ (the “Advance Date”) pursuant to the Loan and Security Agreement among Borrower, Agent and Lender (the “Agreement”). Capitalized words and other terms used but not otherwise defined herein are used with the same meanings as defined in the Agreement.. Please:
(a) Issue a check payable to Borrower ________
(b) Wire Funds to Borrower’s account ________ [LAST 3 DIGITS] Bank: _____________________________ Address: _____________________________ _____________________________ ABA Number: _____________________________ Account Number: _____________________________ Account Name: _____________________________ Contact Person: _____________________________ Phone Number To Verify Wire Info: _____________________________ Email address: _____________________________ Borrower hereby represents that Borrower’s corporate status and locations have not changed since the date of the Agreement or, if the Attachment to this Advance Request is completed, are as set forth in the Attachment to this Advance Request. Borrower agrees to notify Agent promptly before the funding of the Loan if any of the matters which have been represented above shall not be true and correct on the Borrowing Date and if Agent has received no such notice before the Advance Date then the statements set forth above shall be deemed to have been made and shall be deemed to be true and correct as of the Advance Date. Executed as of [ ], 20[ ]. BORROWER: TG THERAPEUTICS, INC. SIGNATURE:________________________ TITLE:_____________________________ PRINT NAME:______________________ TG BIOLOGICS, INC. SIGNATURE:________________________ TITLE:_____________________________ PRINT NAME:______________________
Appears in 1 contract
Samples: Loan and Security Agreement (Tg Therapeutics, Inc.)
Compliance and Resolution. Borrower agrees that a failure to comply with Borrower’s obligations under this Addendum, or any other set of facts or circumstances where it has been asserted by any governmental regulatory agency (or Agent or Lender believes that there is a substantial risk of such assertion) that Agent, Lender and their affiliates are not entitled to hold, or exercise any significant right with respect to, any securities issued to Lender by Borrower, will constitute a breach of the obligations of Borrower under the financing agreements among Borrower, Agent and Lender. In the event of (i) a failure to comply with Borrower’s obligations under this Addendum; or (ii) an assertion by any governmental regulatory agency (or Agent or Lender believes that there is a substantial risk of such assertion) of a failure to comply with Borrower’s obligations under this Addendum, then (i) Agent, Lender and Borrower will meet and resolve any such issue in good faith to the satisfaction of Borrower, Agent, Lender, and any governmental regulatory agency, and (ii) upon request of Lender or Agent, Borrower will cooperate and assist with any assignment of the financing agreements among Hercules Technology II, L.P., Hercules Technology III, L.P., and Hercules Technology Growth Capital, Inc. To: Agent: Date: __________, 20_201_ Hercules Technology Growth Capital, Inc. (the “Agent”) 400 000 Xxxxxxxx Xxxxxx, Suite 310 Palo Alto, CA 94301 Facsimile: 600000-000-0000 Attn: ChromaDex Corporation Paratek Pharmaceuticals, Inc. and Paratek Pharma, LLC (jointly and severally, individually and collectively, the “Borrower”) hereby requests from Hercules Technology Growth Capital, Inc. (“Agent”), as agent for Hercules Technology II, L.P. (“Lender”) an Advance in the amount of _____________________ Dollars ($________________) on ______________, _____ (the “Advance Date”) pursuant to the Loan and Security Agreement among Borrower, Agent and Lender (the “Agreement”). Capitalized words and other terms used but not otherwise defined herein are used with the same meanings as defined in the Agreement.
Appears in 1 contract
Samples: Loan and Security Agreement (Paratek Pharmaceuticals, Inc.)
Compliance and Resolution. Borrower agrees that a failure to comply with Borrower’s obligations under this Addendum, or any other set of facts or circumstances where it has been asserted by any governmental regulatory agency (or Agent or Lender believes that there is a substantial risk of such assertion) that Agent, Lender and their affiliates are not entitled to hold, or exercise any significant right with respect to, any securities issued to Lender by Borrower, will constitute a breach of the obligations of Borrower under the financing agreements among Borrower, Agent and Lender. In the event of (i) a failure to comply with Borrower’s obligations under this Addendum; or (ii) an assertion by any governmental regulatory agency (or Agent or Lender believes that there is a substantial risk of such assertion) of a failure to comply with Borrower’s obligations under this Addendum, then (i) Agent, Lender and Borrower will meet and resolve any such issue in good faith to the satisfaction of Borrower, Agent, Lender, and any governmental regulatory agency, and (ii) upon request of Lender or Agent, Borrower will cooperate and assist with any assignment of the financing agreements among Hercules Technology IIIII, L.P., L.P. and Hercules Technology Growth Capital, Inc. To: Agent: Date: __________, 20__ 2017 Hercules Technology Growth Capital, Inc. (the “Agent”) 400 Xxxxxxxx Xxxxxx, Suite 310 Palo Alto, CA 94301 Facsimileemail: 600-000-0000 Attn: ChromaDex Corporation Audentes Therapeutics, Inc. (“Borrower”) hereby requests from Hercules Technology Growth Capital, Inc. (“Agent”), as agent for Hercules Technology IIIII, L.P. (“Lender”) an Advance in the amount of _____________________ Dollars ($________________) on ______________, _____ (the “Advance Date”) pursuant to the Loan and Security Agreement among Borrower, Agent and Lender (the “Agreement”). Capitalized words and other terms used but not otherwise defined herein are used with the same meanings as defined in the Agreement.
Appears in 1 contract
Samples: Loan and Security Agreement (Audentes Therapeutics, Inc.)
Compliance and Resolution. Borrower agrees that a failure to comply with Borrower’s 's obligations under this Addendum, or any other set of facts or circumstances where it has been asserted by any governmental regulatory agency (or Agent or Lender believes that there is a substantial risk of such assertion) that Agent, Lender and their affiliates are not entitled to hold, or exercise any significant right with respect to, any securities issued to Lender by Borrower, will constitute a breach of the obligations of Borrower under the financing agreements among Borrower, Agent and Lender. In the event of (i) a failure to comply with Borrower’s 's obligations under this Addendum; or (ii) an assertion by any governmental regulatory agency (or Agent or Lender believes that there is a substantial risk of such assertion) of a failure to comply with Borrower’s 's obligations under this Addendum, then (ix) Agent, Lender and Borrower will meet and resolve any such issue in good faith to the satisfaction of Borrower, Agent, Lender, and any governmental regulatory agency, and (iiy) upon request of Lender or Agent, Borrower will cooperate and assist with any assignment of the financing agreements among between Hercules Technology IIIII, L.P., L.P. and Hercules Technology Growth Capital, Inc. To: Agent: Date: __________[●], 20__ 2016 Hercules Technology Growth Capital, Inc. (the “"Agent”") 400 000 Xxxxxxxx Xxxxxx, Suite 310 Palo Alto, CA 94301 Facsimileemail: 600-000-0000 xxxxx@xxxxxxxxxxxx.xxx Attn: ChromaDex [Advance request to be provided to each Lender] CytRx Corporation (“"Borrower”") hereby requests from [Hercules Technology Growth Capital, Inc. Inc.]/[Hercules Technology III, L.P.] (“Agent”), as agent for Hercules Technology II, L.P. (“"Lender”") an Advance in the amount of _____________________ Dollars ($________________) on [______________], _____ 201[6] (the “"Advance Date”") pursuant to the Loan and Security Agreement among Borrower, Agent and Lender (the “"Agreement”"). Capitalized words and other terms used but not otherwise defined herein are used with the same meanings as defined in the Agreement.
Appears in 1 contract