Common use of Disgorgement Clause in Contracts

Disgorgement. (a) If, at any time after payment in full of the [A/R Lender] Claims any payments of the [A/R Lender] Claims must be disgorged by [A/R Lender] for any reason (including, without limitation, any Insolvency Proceeding), this Agreement and the relative rights and priorities set forth herein shall be reinstated as to all such disgorged payments as though such payments had not been made and CRG shall immediately pay over to [A/R Lender] all money or funds received or retained by CRG with respect to the CRG Claims to the extent that such receipt or retention would have been prohibited hereunder.

Appears in 11 contracts

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

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Disgorgement. (a) If, at any time after payment in full of the [A/R Lender] Claims any payments of the [A/R Lender] Claims must be disgorged by [A/R Lender] for any reason (including, without limitation, any Insolvency Proceeding), this Agreement and the relative rights and priorities set forth herein shall be reinstated as to all such disgorged payments as though such payments had not been made and CRG Creditors shall immediately pay over to [A/R Lender] all money or funds received or retained by CRG Creditors with respect to the CRG Creditors’ Claims to the extent that such receipt or retention would have been prohibited hereunder.

Appears in 5 contracts

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

Disgorgement. (a) If, at any time after payment in full of the [A/R Lender] Lender Claims any payments of the [A/R Lender] Lender Claims must be disgorged by [A/R Lender] Lender for any reason (including, without limitation, any Insolvency Proceeding), this Agreement and the relative rights and priorities set forth herein shall be reinstated as to all such disgorged payments as though such payments had not been made and CRG Creditors shall immediately pay over to [A/R Lender] Lender all money or funds received or retained by CRG Creditors with respect to the CRG Creditors’ Claims to the extent that such receipt or retention would have been prohibited hereunder.

Appears in 1 contract

Samples: Loan Agreement (Viveve Medical, Inc.)

Disgorgement. (a) If, at any time after payment in full of the [A/R ABL Lender] ’s Claims any payments of the [A/R ABL Lender] ’s Claims must be disgorged by [A/R Lender] the ABL Lender for any reason (including, without limitation, any Insolvency Proceeding), this Agreement and the relative rights and priorities set forth herein shall be reinstated as to all such disgorged payments as though such payments had not been made and CRG Creditors shall immediately pay over to [A/R Lender] the ABL Lender all money or funds received or retained by CRG Creditors with respect to the CRG Creditors’ Claims to the extent that such receipt or retention would have been prohibited hereunder.

Appears in 1 contract

Samples: Loan Agreement (Treace Medical Concepts, Inc.)

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Disgorgement. (a) If, at any time after payment in full of the [A/R Lender] Claims any payments of the [A/R Lender] Claims must be disgorged by [A/R Lender] for any reason (including, without limitation, any Insolvency Proceeding), this Agreement and the relative rights and priorities set forth herein shall be reinstated as to all such disgorged payments as though such payments had not been made and CRG CR shall immediately pay over to [A/R Lender] all money or funds received or retained by CRG CR with respect to the CRG CR Claims to the extent that such receipt or retention would have been prohibited hereunder.

Appears in 1 contract

Samples: Loan Agreement (Nevro Corp)

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