Common use of Costs, Expenses and Losses Clause in Contracts

Costs, Expenses and Losses. The Borrower shall pay Lender all reasonable out-of-pocket fees, charges, costs and expenses incurred by Lender in connection with the Loan. If, as a result of any failure by the Borrower to pay any sums due under this Agreement on the due date therefor, the Lender shall incur costs, expenses and/or losses, by reason of the liquidation or redeployment of deposits from third parties or in connection with obtaining funds to maintain the Loan, the Borrower shall pay to the Lender upon request by the Lender, the amount of such costs, expenses and/or losses within fifteen (15) days after receipt by it of a certificate from the Lender setting forth in reasonable detail such costs, expenses and/or losses. For the purposes of the preceding sentence, “costs, expenses and/or losses” shall include, without limitation, any interest paid or payable to carry any unpaid amount and any loss, premium, penalty or expense which may be incurred in obtaining, liquidating or employing deposits of or borrowings from third parties in order to make, maintain or fund the Loan or any portion thereof.

Appears in 3 contracts

Samples: Loan Agreement (Composite Technology Corp), Loan Agreement (Composite Technology Corp), Loan Agreement (Composite Technology Corp)

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Costs, Expenses and Losses. The Borrower shall pay Lender all reasonable out-of-pocket fees, charges, costs and expenses incurred by Lender in connection with the Loan. If, as a result of any failure by the Borrower to pay any sums when due under this Agreement on the due date therefor(after expiration of any grace periods), or to borrow in accordance with a Disbursement Request made pursuant to Section 2.2, the Lender Investors shall incur costs, expenses and/or losses, by reason of the liquidation or redeployment of deposits from third parties or in connection with obtaining funds to make or maintain the Loanany Disbursement, the Borrower shall pay to the Lender Investors upon request by the LenderInvestors, the amount of such costs, expenses and/or losses within fifteen (15) days after receipt by it of a certificate from the Lender Investors setting forth in reasonable detail such costs, expenses and/or losses. For the purposes of the preceding sentence, “costs, expenses and/or losses” shall include, without limitation, any interest paid or payable to carry any unpaid amount and any loss, premium, penalty or expense which may be incurred in obtaining, liquidating or employing deposits of or borrowings from third parties in order to make, maintain or fund the Loan or any portion thereof.

Appears in 2 contracts

Samples: Facility Agreement (Array Biopharma Inc), Facility Agreement (Array Biopharma Inc)

Costs, Expenses and Losses. The Borrower shall pay Lender all reasonable out-of-pocket fees, charges, costs and expenses incurred by Lender in connection with the Loan. If, as a result of any failure by the Borrower to pay any sums due under this Agreement on the due date therefortherefor (after the expiration of any applicable grace periods), or to borrow in accordance with the Disbursement Request, the Lender Lenders shall incur costs, expenses and/or losses, by reason of the liquidation or redeployment of deposits from third parties or in connection with obtaining funds to make or maintain the LoanDisbursement, the Borrower shall pay to the Lender Lenders upon request by the LenderLenders, the amount of such costs, expenses and/or losses within fifteen (15) days after receipt by it of a certificate from the Lender Lenders setting forth in reasonable detail such costs, expenses and/or losses, along with supporting documentation. For the purposes of the preceding sentence, “costs, expenses and/or losses” shall include, without limitation, any interest paid or payable to carry any unpaid amount and any loss, premium, penalty or expense which may be incurred in obtaining, liquidating or employing deposits of or borrowings from third parties in order to make, maintain or fund the Loan or any portion thereof.

Appears in 2 contracts

Samples: Facility Agreement (MAKO Surgical Corp.), Facility Agreement (Icad Inc)

Costs, Expenses and Losses. The Borrower shall pay Lender all reasonable out-of-pocket fees, charges, costs and expenses incurred by Lender in connection with the Loan. If, as a result of any failure by the Borrower to pay any sums due under this Agreement (other than pursuant to Section 2.3(b)) on the due date therefortherefor (after the expiration of any applicable grace periods), the Lender shall Lenders shall, after applying reasonable mitigation efforts, incur costs, expenses and/or losses, by reason of the liquidation or redeployment of deposits from third parties or in connection with obtaining funds to make or maintain the LoanCommitments, the Loans or any Disbursement, the Borrower shall pay to the Lender upon request by the Lender, the amount of such costs, expenses and/or losses Lenders (within fifteen (15) 15 days after receipt by it of a certificate from the Lender Lenders setting forth in reasonable detail such costs, expenses and/or losses incurred with supporting documentation) the amount of such costs, expenses and/or losses. For the purposes of the preceding sentence, “costs, expenses and/or losses” shall include, without limitation, any interest paid or payable to carry any unpaid amount and any loss, premium, penalty or expense which may be incurred in obtaining, liquidating or employing deposits of or borrowings from third parties in order to make, maintain or fund the Loan Loans or any portion thereof.

Appears in 2 contracts

Samples: Credit Facility Agreement (Fortress Biotech, Inc.), Credit Facility Agreement (Fortress Biotech, Inc.)

Costs, Expenses and Losses. The Borrower shall pay Lender all reasonable out-of-pocket fees, charges, costs and expenses incurred by Lender in connection with the Loan. If, as a result of any failure by the Borrower to pay any sums due under this Agreement on the due date therefor, or to borrow in accordance with a Disbursement Request made pursuant to Section 2.2, the Lender Lenders shall incur costs, expenses and/or losses, by reason of the liquidation or redeployment of deposits from third parties or in connection with obtaining funds to make or maintain the Loanany Disbursement, the Borrower shall pay to the Lender Lenders upon request by the LenderLenders, the amount of such costs, expenses and/or losses within fifteen (15) days after receipt by it of a certificate from the Lender Lenders setting forth in reasonable detail such costs, expenses and/or losses. For the purposes of the preceding sentence, “costs, expenses and/or losses” shall include, without limitation, any interest paid or payable to carry any unpaid amount and any loss, premium, penalty or expense which may be incurred in obtaining, liquidating or employing deposits of or borrowings from third parties in order to make, maintain or fund the Loan or any portion thereof.

Appears in 2 contracts

Samples: Facility Agreement (Exelixis Inc), Facility Agreement (Exelixis Inc)

Costs, Expenses and Losses. The Borrower shall pay Lender all reasonable out-of-pocket fees, charges, costs and expenses incurred by Lender in connection with the Loan. If, as a result of any failure by the Borrower to pay any sums due under this Agreement on the due date therefortherefor (after the expiration of any applicable grace periods), the Lender shall Lenders shall, after applying reasonable mitigation efforts, incur costs, expenses and/or losses, by reason of the liquidation or redeployment of deposits from third parties or in connection with obtaining funds to make or maintain the LoanDisbursement, the Borrower shall pay to the Lender Lenders upon request by the LenderLenders, the amount of such costs, expenses and/or losses within fifteen ten (1510) days after receipt by it of a certificate from the Lender Lenders setting forth in reasonable detail such costs, expenses and/or losses, along with reasonable supporting documentation. For the purposes of the preceding sentence, “costs, expenses and/or losses” shall include, without limitation, any interest paid or payable to carry any unpaid amount and any loss, premium, penalty or expense which may be incurred in obtaining, liquidating or employing deposits of or borrowings from third parties in order to make, maintain or fund the Loan or any portion thereof.

Appears in 1 contract

Samples: Facility Agreement (Alphatec Holdings, Inc.)

Costs, Expenses and Losses. The Borrower shall pay Lender all reasonable out-of-pocket fees, charges, costs and expenses incurred by Lender in connection with the Loan. If, as a result of any failure by the Borrower to pay any sums due under this Agreement on the due date therefor, or to borrow in accordance with a Disbursement Request made pursuant to Section 2.2, the Lender Lenders shall incur costs, expenses and/or losses, by reason of the liquidation or redeployment of deposits from third parties or in connection with obtaining funds to make or maintain the Loanany Disbursement, the Borrower shall pay to the Lender Lenders upon request by the LenderLenders, the amount of such costs, expenses and/or losses within fifteen (15) days after receipt by it of a certificate from the Lender Lenders setting forth in reasonable detail such reasonable documented costs, expenses and/or losseslosses along with supporting documentation. For the purposes of the preceding sentence, “costs, expenses and/or losses” shall include, without limitation, any interest paid or payable to carry any unpaid amount and any loss, premium, penalty or expense which may be incurred in obtaining, liquidating or employing deposits of or borrowings from third parties in order to make, maintain or fund the Loan or any portion thereof.

Appears in 1 contract

Samples: Facility Agreement (Third Wave Technologies Inc /Wi)

Costs, Expenses and Losses. The Borrower shall pay Lender all reasonable out-of-pocket fees, charges, costs and expenses incurred by Lender in connection with the Loan. If, as a result of any failure by the Borrower to pay any sums when due under this Agreement on the due date therefor(after expiration of any grace periods), or to borrow in accordance with a Disbursement Request made pursuant to Section 2.2, the Lender Lenders shall incur costs, expenses and/or losses, by reason of the liquidation or redeployment of deposits from third parties or in connection with obtaining funds to make or maintain the Loanany Disbursement, the Borrower shall pay to the Lender Lenders upon request by the LenderLenders, the amount of such costs, expenses and/or losses within fifteen (15) days after receipt by it of a certificate from the Lender Lenders setting forth in reasonable detail such costs, expenses and/or losses. For the purposes of the preceding sentence, “costs, expenses and/or losses” shall include, without limitation, include any interest paid or payable to carry any unpaid amount and any loss, breakage costs, premium, penalty or expense which may be incurred in obtaining, liquidating or employing deposits of or borrowings from third parties in order to make, maintain or fund the Loan or any portion thereof, but shall not include any lost profits.

Appears in 1 contract

Samples: Facility Agreement (Zymogenetics Inc)

Costs, Expenses and Losses. The Borrower shall pay Lender all reasonable out-of-pocket fees, charges, costs and expenses incurred by Lender in connection with the Loan. If, as a result of any failure by the Borrower to pay any sums due under this Agreement on the due date therefortherefor (after the expiration of any applicable grace periods), or to borrow in accordance with a Disbursement Request made pursuant to Section 2.2, the Lender Lenders shall incur costs, expenses and/or losses, by reason of the liquidation or redeployment of deposits from third parties or in connection with obtaining funds to make or maintain the Loanany Disbursement, the Borrower shall pay to the Lender Lenders upon request by the LenderLenders, the amount of such costs, expenses and/or losses within fifteen (15) days after receipt by it of a certificate from the Lender Lenders setting forth in reasonable detail such costs, expenses and/or losses, along with supporting documentation. For the purposes of the preceding sentence, “costs, expenses and/or losses” shall include, without limitation, any interest paid or payable to carry any unpaid amount and any loss, premium, penalty or expense which may be incurred in obtaining, liquidating or employing deposits of or borrowings from third parties in order to make, maintain or fund the Loan or any portion thereof.

Appears in 1 contract

Samples: Facility Agreement (Ista Pharmaceuticals Inc)

Costs, Expenses and Losses. The Borrower shall pay Lender all reasonable out-of-pocket fees, charges, costs and expenses incurred by Lender in connection with the Loan. If, as a result of any failure by the Borrower to pay any sums due under this Agreement (other than pursuant to Section 2.3(c)) on the due date therefortherefor (after the expiration of any applicable grace periods), the Lender shall Lenders shall, after applying reasonable mitigation efforts, incur costs, expenses and/or losses, by reason of the liquidation or redeployment of deposits from third parties or in connection with obtaining funds to make or maintain the LoanDisbursement, the Borrower shall pay to the Lender upon request by the Lender, the amount of such costs, expenses and/or losses Lenders within fifteen (15) 15 days after receipt by it of a certificate from the Lender Lenders setting forth in reasonable detail such costs, expenses and/or losses incurred with supporting documentation, the amount of such costs, expenses and/or losses. For the purposes of the preceding sentence, “costs, expenses and/or losses” shall include, without limitation, any interest paid or payable to carry any unpaid amount and any loss, premium, penalty or expense which may be incurred in obtaining, liquidating or employing deposits of or borrowings from third parties in order to make, maintain or fund the Loan or any portion thereof.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Infinity Pharmaceuticals, Inc.)

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Costs, Expenses and Losses. The Borrower shall pay Lender all reasonable out-of-pocket fees, charges, costs and expenses incurred by Lender in connection with the Loan. If, as a result of any failure by the Borrower to pay any sums due under this Agreement on the due date therefortherefor (after the expiration of any applicable grace periods), the Lender Lenders shall incur costs, expenses and/or losses, by reason of the liquidation or redeployment of deposits from third parties or in connection with obtaining funds to maintain the LoanDisbursement, the Borrower shall pay to the Lender Lenders upon request by the LenderLenders, the amount of such costs, expenses and/or losses within fifteen (15) days after receipt by it of a certificate from the Lender Lenders setting forth in reasonable detail such costs, expenses and/or losses, along with supporting documentation. For the purposes of the preceding sentence, “costs, expenses and/or losses” shall include, without limitation, any interest paid or payable to carry any unpaid amount and any loss, premium, penalty or expense which may be incurred in obtaining, liquidating or employing deposits of or borrowings from third parties in order to make, maintain or fund the Loan or any portion thereof.

Appears in 1 contract

Samples: Facility Agreement (Arena Pharmaceuticals Inc)

Costs, Expenses and Losses. The Borrower shall pay Lender all reasonable out-of-pocket fees, charges, costs and expenses incurred by Lender in connection with the Loan. If, as a result of any failure by the Borrower Borrowers to pay any sums due under this Agreement on the due date therefortherefor (after the expiration of any applicable grace periods), the Lender shall incur costs, expenses and/or losses, by reason of the liquidation or redeployment of deposits from third parties or in connection with obtaining funds to make or maintain the LoanLoans, the Borrower Borrowers shall pay to the Lender upon request by the Lender, the amount of such costs, expenses and/or losses within fifteen (15) days after receipt by it of a certificate from the Lender setting forth in reasonable detail such costs, expenses and/or losses, along with supporting documentation. For the purposes of the preceding sentence, “costs, expenses and/or losses” shall include, without limitation, any interest paid or payable to carry any unpaid amount and any loss, premium, penalty or expense which may be incurred in obtaining, liquidating or employing deposits of or borrowings from third parties in order to make, maintain or fund the Loan Loans or any portion thereof.

Appears in 1 contract

Samples: Facility Agreement (Flamel Technologies Sa)

Costs, Expenses and Losses. The Borrower shall pay Lender all reasonable out-of-pocket fees, charges, costs and expenses incurred by Lender in connection with the Loan. If, as a result of any failure by the Borrower to pay any sums due under this Agreement on the due date therefor, or to borrow in accordance with a request for Disbursement made pursuant to Section 2.2, the Lender Lenders shall incur costs, expenses and/or losses, by reason of the liquidation or redeployment of deposits from third parties or in connection with obtaining funds to make or maintain the Loanany Disbursement, the Borrower shall pay to the Lender Lenders upon request by the LenderLenders, the amount of such costs, expenses and/or losses within fifteen (15) days after receipt by it of a certificate from the Lender Lenders setting forth in reasonable detail such costs, expenses and/or losses. For the purposes of the preceding sentence, “costs, expenses and/or losses” shall include, without limitation, any interest paid or payable to carry any unpaid amount and any loss, premium, penalty or expense which may be incurred in obtaining, liquidating or employing deposits of or borrowings from third parties in order to make, maintain or fund the Loan or any portion thereof.

Appears in 1 contract

Samples: Facility Agreement (Hana Biosciences Inc)

Costs, Expenses and Losses. The Borrower shall pay Lender all reasonable out-of-pocket fees, charges, costs and expenses incurred by Lender in connection with the Loan. If, as a result of any failure by the Borrower to pay any sums when due under this Agreement on the due date therefortherefor (after the expiration of any applicable grace periods), the Lender Purchasers shall incur costs, expenses and/or losses, by reason of the liquidation or redeployment of deposits from third parties or in connection with obtaining funds to maintain the Loanloans represented by the Notes, the Borrower shall pay to the Lender Purchasers upon request by the LenderPurchasers, the amount of such costs, expenses and/or losses within fifteen (15) days after receipt by it of a certificate from the Lender Purchasers setting forth in reasonable detail such costs, expenses and/or losses, along with supporting documentation. For the purposes of the preceding sentence, “costs, expenses and/or losses” shall include, without limitation, any interest paid or payable to carry any unpaid amount and any loss, premium, penalty or expense which may be incurred in obtaining, liquidating or employing deposits of or borrowings from third parties in order to make, maintain or fund the Loan loans represented by the Notes or any portion thereof.

Appears in 1 contract

Samples: Note Purchase Agreement (Exelixis Inc)

Costs, Expenses and Losses. The Borrower shall pay Lender all reasonable out-of-pocket fees, charges, costs and expenses incurred by Lender in connection with the Loan. If, as a result of any failure by the Borrower to pay any sums due under this Agreement on the due date therefor, the Lender shall incur out of pocket costs, expenses and/or losses, by reason of the liquidation or redeployment of deposits from third parties or in connection with obtaining funds to maintain the Loanfunds, the Borrower shall pay to the Lender upon request by the Lender, the amount which the Lender shall notify to the Borrower as being the aggregate of such out of pocket costs, expenses and losses. The Borrower shall pay such costs, expenses and/or losses within fifteen thirty (1530) days after receipt by it them of a certificate from the Lender setting forth in reasonable detail such costs, expenses and/or losses. For the purposes of the preceding sentence, “costs, expenses and/or losses” shall include, without limitation, any interest paid or payable to carry any unpaid amount and any loss, premium, penalty or expense which may be incurred in obtaining, liquidating or employing deposits of or borrowings from third parties in order to make, maintain or fund the Loan or any portion thereofparties.

Appears in 1 contract

Samples: Security Agreement (Comarco Inc)

Costs, Expenses and Losses. The Borrower shall pay Lender all reasonable out-of-pocket fees, charges, costs and expenses incurred by Lender in connection with the Loan. If, as a result of any failure by the Borrower to pay any sums when due under this Agreement on the due date therefor(after expiration of any grace periods), or to borrow in accordance with a Disbursement Request made pursuant to Section 2.2, the Lender Lenders shall incur costs, expenses and/or losses, by reason of the liquidation or redeployment of deposits from third parties or in connection with obtaining funds to make or maintain the Loanany Disbursement, the Borrower shall pay to the Lender Lenders upon request by the LenderLenders, the amount of such costs, expenses and/or losses within fifteen (15) days after receipt by it of a certificate from the Lender Lenders setting forth in reasonable detail such costs, expenses and/or losses. For the purposes of the preceding sentence, “costs, expenses and/or losses” shall include, without limitation, any interest paid or payable to carry any unpaid amount and any loss, premium, penalty or expense which may be incurred in obtaining, liquidating or employing deposits of or borrowings from third parties in order to make, maintain or fund the Loan or any portion thereof.

Appears in 1 contract

Samples: Facility Agreement (Array Biopharma Inc)

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