Conditions of Effectiveness of this Amendment. This Amendment shall become effective as of the date on which the following conditions shall have been satisfied (or waived) (the “Amendment Effective Date”): (a) the Lender (or its counsel) shall have received counterparts to this Amendment, duly executed by the Borrower and the other Loan Parties; and (b) the Borrower shall have paid or shall pay on the Amendment Effective Date all costs, fees and expenses required to be paid pursuant to Section 7 hereof and Section 11.04 of the Credit Agreement, including, without limitation, fees and expenses of Xxxxxxx Xxxx & Xxxxxxxxx LLP, counsel to the Lender.
Appears in 4 contracts
Samples: Credit and Security Agreement (Armata Pharmaceuticals, Inc.), Credit and Security Agreement (Armata Pharmaceuticals, Inc.), Credit and Security Agreement (Innoviva, Inc.)