Common use of Controlling Provisions Clause in Contracts

Controlling Provisions. In the event of any inconsistencies between the provisions of this Amendment and the provisions of any other Loan Document, the provisions of this Amendment shall govern and prevail. Except as expressly modified by this Amendment, the Loan Documents shall not be modified and shall remain in full force and effect.

Appears in 48 contracts

Samples: Term Loan Agreement (Avinger Inc), Term Loan Agreement (T2 Biosystems, Inc.), Agreement (Decipher Biosciences, Inc.)

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Controlling Provisions. In the event of any inconsistencies between the provisions of this Amendment and the provisions of any other Loan Document, the provisions of this Amendment shall govern and prevail. Except as expressly modified by this Amendment, the Loan Documents shall not be modified and shall remain in full force and effect. This Amendment shall be deemed a Loan Document.

Appears in 8 contracts

Samples: Term Loan Agreement, Term Loan Agreement (Tandem Diabetes Care Inc), Term Loan Agreement (Tandem Diabetes Care Inc)

Controlling Provisions. In the event of any inconsistencies between the provisions of this Amendment and the provisions of any other Loan Document, the provisions of this Amendment shall govern and prevail. Except as expressly modified by this Amendment, the Loan Documents shall not be modified and shall remain in full force and effect.

Appears in 4 contracts

Samples: Loan Agreement (Alignment Healthcare, Inc.), Term Loan Agreement (Alignment Healthcare, Inc.), Loan Agreement (Alignment Healthcare, Inc.)

Controlling Provisions. In the event of any inconsistencies between the provisions of this Amendment and the provisions of any other Loan Document, the provisions of this Amendment shall govern and prevail. Except as expressly modified by this AmendmentAmendment and by the Fee Letter, the Loan Documents shall not be modified and shall remain in full force and effect.

Appears in 3 contracts

Samples: Term Loan Agreement (ViewRay, Inc.), Term Loan Agreement (ViewRay, Inc.), Term Loan Agreement (ViewRay, Inc.)

Controlling Provisions. In the event of any inconsistencies between the provisions of this Amendment and the provisions of any other Loan Document, the provisions of this Amendment shall govern and prevail. Except as expressly modified by this AmendmentAmendment and by that certain Amendment No. 1 to Fee Letter dated as of the date hereof, the Loan Documents shall not be modified and shall remain in full force and effect.

Appears in 3 contracts

Samples: Term Loan Agreement (ViewRay, Inc.), Term Loan Agreement (ViewRay, Inc.), Term Loan Agreement (ViewRay, Inc.)

Controlling Provisions. In the event of any inconsistencies inconsi stencies between the provisions of this Amendment and the provisions of any other Loan DocumentDocum ent, the provisions of this Amendment shall govern and prevail. Except as expressly modified by this Amendment, the Loan Documents shall not be modified and shall remain in full force and effect.

Appears in 3 contracts

Samples: Term Loan Agreement (Silk Road Medical Inc), Term Loan Agreement (Silk Road Medical Inc), Term Loan Agreement (Silk Road Medical Inc)

Controlling Provisions. In the event of any inconsistencies between the provisions of this Amendment and the provisions of any other Loan Document, the provisions of this Amendment shall govern and prevail. Except as expressly modified by this Amendment, the Loan Documents shall not be modified and shall remain in full force and effect.. 264177346 v2

Appears in 2 contracts

Samples: Term Loan Agreement (T2 Biosystems, Inc.), Term Loan Agreement (T2 Biosystems, Inc.)

Controlling Provisions. In the event of any inconsistencies between the provisions of this Amendment and the provisions of any other Loan Document, the provisions of this Amendment shall govern and prevail. Except as expressly amended, modified and supplemented by this Amendmentamendment, the Loan Documents shall not be modified amended, modified, supplemented or waived and shall remain in full force and effect.

Appears in 2 contracts

Samples: Loan Agreement (Tarragon Corp), Loan Agreement (Tarragon Corp)

Controlling Provisions. In the event of any inconsistencies between the provisions of this Amendment and the provisions of any other Loan Document, the provisions of this Amendment shall govern and prevail. Except as expressly modified by this Amendment, the Loan Documents shall not be modified and shall remain in full force and effect. [****] = = Certain confidential information contained in this document, marked by brackets, has been omitted because it is both (i) not material and (ii) would be competitively harmful if publicly disclosed.

Appears in 1 contract

Samples: Term Loan Agreement (T2 Biosystems, Inc.)

Controlling Provisions. In the event of any inconsistencies between the provisions of this Amendment and the provisions of any other Loan Document, the provisions of this Amendment shall govern and prevail. Except as expressly modified by this Amendment, the Loan Documents shall not be modified and shall remain in full force and effect.. [Remainder of page intentionally left blank]

Appears in 1 contract

Samples: Loan Agreement

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Controlling Provisions. In the event of any inconsistencies between the provisions of this Amendment and the provisions of any other Loan Document, the provisions of this 248964240 v3 Amendment shall govern and prevail. Except as expressly modified by this Amendment, the Loan Documents shall not be modified and shall remain in full force and effect.. [Remainder of page intentionally left blank] 248964240 v3

Appears in 1 contract

Samples: Term Loan Agreement (EyePoint Pharmaceuticals, Inc.)

Controlling Provisions. In the event of any inconsistencies between the provisions of this Amendment and the provisions of any other Loan Document, the Monetization Side Letter or any Warrant Document, the provisions of this Amendment shall govern and prevail. Except as expressly modified by this Amendment, the Loan Documents, the Monetization Side Letter and the Warrant Documents shall not be modified and shall remain in full force and effect. This Amendment shall be deemed a Loan Document.

Appears in 1 contract

Samples: Loan and Security Agreement (Netlist Inc)

Controlling Provisions. In the event of any inconsistencies between the provisions of this Amendment and the provisions of any other Loan Document, the provisions of this 199825138 v6 Amendment shall govern and prevail. Except as expressly modified by this Amendment, the Loan Documents shall not be modified and shall remain in full force and effect.. [Remainder of page intentionally left blank] 199825138 v6

Appears in 1 contract

Samples: Term Loan Agreement (T2 Biosystems, Inc.)

Controlling Provisions. In the event of any inconsistencies between the provisions of this Amendment and the provisions of any other Loan Document, the provisions of this Amendment shall govern and prevail. Except as expressly modified by this Amendment, the Loan Documents shall not be modified and shall remain in full force and effect.. 234986339 v1

Appears in 1 contract

Samples: Term Loan Agreement (EyePoint Pharmaceuticals, Inc.)

Controlling Provisions. In the event of any inconsistencies between the provisions of this Amendment and the provisions of any other Loan Document, the provisions of this Amendment shall govern and prevail. Except as expressly modified by this Amendment, the Loan Documents shall not be modified and shall remain in full force and effect.. 292708509 v3

Appears in 1 contract

Samples: Term Loan Agreement (T2 Biosystems, Inc.)

Controlling Provisions. In the event of any inconsistencies between the provisions of this Amendment and the provisions of any other Loan Document or any Warrant Document, the provisions of this Amendment shall govern and prevail. Except as expressly modified by this Amendment, the Monetization Side Letter, the Loan Documents, and the Warrant Documents shall not be modified and shall remain in full force and effect.

Appears in 1 contract

Samples: Monetization Letter Agreement (Netlist Inc)

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