Common use of Failure to Pay Clause in Contracts

Failure to Pay. If Borrower fails to pay when due and payable or when declared due and payable in accordance with the Loan Documents: (i) any Scheduled Payment on the relevant Payment Date or on the relevant Maturity Date, or (ii) any other portion of the Obligations within five (5) days after receipt of written notice from Lender that such payment is due.

Appears in 12 contracts

Samples: Venture Loan and Security Agreement, Venture Loan and Security Agreement (Xtera Communications, Inc.), Venture Loan and Security Agreement (Tengion Inc)

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Failure to Pay. If Borrower fails to pay when due and payable or when declared due and payable in accordance with the Loan Documents: (ia) any Scheduled Payment on the relevant Payment Date or on the relevant Maturity Date, ; or (iib) any other portion of the Obligations within five (5) days after receipt of written notice from Lender that such payment is due.

Appears in 4 contracts

Samples: Venture Loan and Security Agreement (CVRx, Inc.), Venture Loan and Security Agreement (Celsion CORP), Venture Loan and Security Agreement (Titan Pharmaceuticals Inc)

Failure to Pay. If Borrower fails to pay when due and payable or when declared due and payable in accordance with the Loan Documents: (i) any Scheduled Payment on the relevant Payment Date or on the relevant Maturity Date, or (ii) any other portion of the Obligations within five three (53) Business days after receipt of written notice from Lender Lenders that such payment is duedue (which 3 Business days shall not apply to payments due on the relevant Maturity Date).

Appears in 3 contracts

Samples: Venture Loan and Security Agreement, Venture Loan and Security Agreement (Ambit Biosciences Corp), Venture Loan and Security Agreement (Ambit Biosciences Corp)

Failure to Pay. If Borrower fails to pay when due and payable or when declared due and payable in accordance with the Loan Documents: (ia) any Scheduled Payment on the relevant Payment Date or on the relevant Maturity Date, ; or (iib) any other portion of the Obligations within five (5) days after receipt of written notice from a Lender that such payment is due.

Appears in 3 contracts

Samples: Venture Loan and Security Agreement (Palatin Technologies Inc), Venture Loan and Security Agreement (Argos Therapeutics Inc), Venture Loan and Security Agreement (Palatin Technologies Inc)

Failure to Pay. If Borrower fails to pay when due and payable or when declared due and payable in accordance with the Loan Documents: (i) any Scheduled Payment on within five (5) Business Days of the relevant Payment Date or on the relevant Maturity Date, or (ii) any other portion of the Obligations within five (5) days Business Days after receipt of written notice from Lender that such payment is due.

Appears in 3 contracts

Samples: Venture Loan and Security Agreement (Entropic Communications Inc), Venture Loan and Security Agreement (Entropic Communications Inc), Venture Loan and Security Agreement (Entropic Communications Inc)

Failure to Pay. If Borrower fails to pay when due and payable or when declared due and payable in accordance with the Loan Documents: (i) any Scheduled Payment on the relevant Payment Date or on the relevant Maturity Date, or (ii) any other portion of the Obligations within five (5) days after receipt of written notice from a Lender that such payment is due.

Appears in 3 contracts

Samples: Venture Loan and Security Agreement (eASIC Corp), Venture Loan and Security Agreement (eASIC Corp), Venture Loan and Security Agreement (Myogen Inc)

Failure to Pay. If any Co-Borrower fails to pay when due and payable or when declared due and payable in accordance with the Loan Documents: (ia) any Scheduled Payment on the relevant Payment Date or on the relevant Maturity Date, ; (b) any Revenue Based Payment on the date any such payment is due; or (iic) any other portion of the Obligations within five (5) days after receipt of written notice from Lender that such payment is due.

Appears in 2 contracts

Samples: Venture Loan and Security Agreement (Catasys, Inc.), Venture Loan and Security Agreement (Catasys, Inc.)

Failure to Pay. If any Co-Borrower fails to pay when due and payable or when declared due and payable in accordance with the Loan Documents: (ia) any Scheduled Payment on the relevant Payment Date or on the relevant Maturity Date, ; or (iib) any other portion of the Obligations within five (5) days after receipt of written notice from Lender that such payment is due.

Appears in 2 contracts

Samples: Venture Loan and Security Agreement (Castle Creek Biosciences, Inc.), Venture Loan and Security Agreement (Mohawk Group Holdings, Inc.)

Failure to Pay. If Borrower fails to pay when due and payable or when declared due and payable in accordance with the Loan Documents: (i) any Scheduled Payment on the relevant Payment Date or on the relevant Maturity Date, or (ii) any other portion of the Obligations within five (5) days Business Days after receipt of written notice from the applicable Lender that such payment is due.

Appears in 2 contracts

Samples: Venture Loan and Security Agreement (Activbiotics Inc), Venture Loan and Security Agreement (Activbiotics Inc)

Failure to Pay. If Borrower fails to pay when due and payable or when declared due and payable in accordance with the Loan Documents: (i) any Scheduled Payment on the relevant Payment Date or on the relevant Maturity Date, or (ii) any other portion of the Obligations within five (5) days after receipt of written notice from Lender Lenders that such payment is due.

Appears in 2 contracts

Samples: Venture Loan and Security Agreement (Inotek Pharmaceuticals Corp), Venture Loan and Security Agreement (Inotek Pharmaceuticals Corp)

Failure to Pay. If Borrower fails to pay when due and payable or when declared due and payable in accordance with the Loan Documents: (i) any Scheduled Payment on within three (3) days of the relevant Payment Date or on the relevant Maturity Date, or (ii) any other portion of the Obligations within five ten (510) days after receipt of written notice from Lender that such payment is due.

Appears in 2 contracts

Samples: Venture Loan and Security Agreement (Infinity Pharmaceuticals, Inc.), Venture Loan and Security Agreement (Isilon Systems, Inc.)

Failure to Pay. If Borrower fails to pay when due and payable or when declared due and payable in accordance with the Loan Documents: (ia) any Scheduled Payment on the relevant Payment Date or on the relevant Maturity Date, ; or (iib) any other portion of the Obligations within five (5) days Business Days after receipt of written notice from Lender that such payment is due.

Appears in 2 contracts

Samples: Venture Loan and Security Agreement (Ceribell, Inc.), Venture Loan and Security Agreement (Ceribell, Inc.)

Failure to Pay. If Borrower fails to pay when due and payable or when declared due and payable in accordance with the Loan Documents: (i) any Scheduled Payment on the relevant Payment Date or on the relevant Maturity Datewithin three (3) days of when due, or (ii) any other portion of the Obligations within five (5) days Business Days after receipt of written notice from Lender Lenders that such payment is due.

Appears in 2 contracts

Samples: Venture Loan and Security Agreement (Entropic Communications Inc), Venture Loan and Security Agreement (Entropic Communications Inc)

Failure to Pay. If Borrower fails to pay when due and payable or when declared due and payable in accordance with the Loan Documents: (i) any Scheduled Payment on within five (5) days of the relevant Payment Date or on any Final Payment within five (5) days of the relevant Maturity Date, or (ii) any other portion of the Obligations within five (5) days after receipt of written notice from Lender that such payment is due.

Appears in 1 contract

Samples: Equipment Loan and Security Agreement (Anadys Pharmaceuticals Inc)

Failure to Pay. If Borrower fails to pay when due and payable or when declared due and payable in accordance with the Loan Documents: (ia) any Scheduled Payment payment of interest on the relevant Interest Payment Date or on any other date specified for the relevant Maturity Date, payment of interest; or (iib) any principal payment or other portion of the Obligations within five (53) days after receipt of written notice from Lender that such payment is duedays.

Appears in 1 contract

Samples: Loan and Security Agreement (D-Wave Quantum Inc.)

Failure to Pay. If Borrower fails Borrowers fail to pay when due and payable or when declared due and payable in accordance with the Loan Documents: (i) any Scheduled Payment on within three (3) Business Days after the relevant Payment Date or on the relevant Maturity Date, Date or (ii) any other portion of the Obligations within five (5) days after receipt of written notice from Lender that such payment is due.

Appears in 1 contract

Samples: Venture Loan and Security Agreement (Everyday Health, Inc.)

Failure to Pay. If Borrower fails to pay when due and payable or when declared due and payable in accordance with the Loan Documents: (i) any Scheduled Payment on within three (3) days of the relevant Payment Date or on the relevant Maturity Date, or (ii) any other portion of the Obligations within five ten (510) days after receipt of written notice from Lender that such payment is due.

Appears in 1 contract

Samples: Venture Loan and Security Agreement (eXegenics Inc)

Failure to Pay. If Borrower fails to pay when due and payable or when declared due and payable in accordance with the Loan Documents: (i) any Scheduled Payment on the relevant Payment Date or on the relevant Maturity Date, or (ii) any other portion of the Obligations within five (5) days after receipt of written notice from any Lender that such payment is due.

Appears in 1 contract

Samples: Venture Loan and Security Agreement (Northstar Neuroscience, Inc.)

Failure to Pay. If Borrower fails to pay when due and payable or when declared due and payable in accordance with the Loan Documents: (ia) any Scheduled Payment on the relevant Payment Date or on the relevant Maturity Date, ; or (iib) any other portion of the Obligations within five (5) days after receipt of written notice from any Lender that such payment is due.

Appears in 1 contract

Samples: Venture Loan and Security Agreement (D-Wave Quantum Inc.)

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Failure to Pay. If Borrower fails to pay when due and payable or when declared due and payable in accordance with the Loan Documents: (i) any Scheduled Payment on the relevant Payment Date or on the relevant Maturity Date, or (ii) any other portion of the Obligations within five (5) days after receipt of written notice from Lender Lenders that such payment is due.

Appears in 1 contract

Samples: Venture Loan and Security Agreement (MAP Pharmaceuticals, Inc.)

Failure to Pay. If any Co-Borrower fails to pay when due and payable or when declared due and payable in accordance with the Loan Documents: (ia) any Scheduled Payment on the relevant Payment Date or on the relevant Maturity Date, ; or (iib) any other portion of the Obligations within five (5) days after receipt of written notice from a Lender that such payment is due.

Appears in 1 contract

Samples: Venture Loan and Security Agreement (vTv Therapeutics Inc.)

Failure to Pay. If any Borrower fails to pay when due and payable or when declared due and payable in accordance with the Loan Documents: (ia) any Scheduled Payment on the relevant Payment Date or on the relevant Maturity Date, ; or (iib) any other portion of the Obligations within five (5) days after receipt of written notice from Lender that such payment is due.

Appears in 1 contract

Samples: Venture Loan and Security Agreement (IMV Inc.)

Failure to Pay. If Borrower fails to pay when due and payable or when declared due and payable in accordance with the Loan Documents: (i) any Scheduled Payment on the relevant Payment Date or on the relevant Maturity DateDate or any Final Payment on the relevant Maturity Date within two (2) Business days after such payment is due, or (ii) any other portion of the Obligations within five (5) days after receipt of written notice from Lender Lenders that such payment is due.

Appears in 1 contract

Samples: Loan and Security Agreement (MAP Pharmaceuticals, Inc.)

Failure to Pay. If Borrower fails to pay when due and payable or when declared due and payable in accordance with the Loan Documents: (ia) any unless earlier converted into Conversion Shares in accordance with the terms of Section 2.5 hereof, the Scheduled Payment on the relevant Payment Date or on the relevant Maturity Date, ; or (iib) any other portion of the Obligations within five (5) days after receipt of written notice from Lender that such payment is due.

Appears in 1 contract

Samples: Unsecured Convertible Loan Agreement (Titan Pharmaceuticals Inc)

Failure to Pay. If Borrower fails to pay when due and payable or when declared due and payable in accordance with the Loan Documents: (ia) any Scheduled Payment on the relevant Payment Date or on the relevant Maturity Date, ; or (iib) any other portion of the Obligations within five (5) days after receipt of written notice from Lender Lenders that such payment is due.

Appears in 1 contract

Samples: Venture Loan and Security Agreement (Titan Pharmaceuticals Inc)

Failure to Pay. If Borrower fails to pay when due and payable or when declared due and payable in accordance with the Loan Documents: (i) any Scheduled Payment on the relevant Payment Date or on the relevant Maturity Date, or (ii) any other portion of the Obligations within five (5) days Business Days after receipt of written notice from Lender that such payment is due.

Appears in 1 contract

Samples: Venture Loan and Security Agreement (Singulex Inc)

Failure to Pay. If any Co-Borrower fails to pay when due and payable or when declared due and payable in accordance with the Loan Documents: (ia) any Scheduled Payment on the relevant Payment Date or on the relevant Maturity Date, ; or (iib) any other portion of the Obligations within five (5) days after receipt of written notice from any Lender that such payment is due.

Appears in 1 contract

Samples: Venture Loan and Security Agreement (Cerecor Inc.)

Failure to Pay. If Borrower fails to pay when due and payable or when declared due and payable in accordance with the Loan Documents: (i) any Scheduled Payment on within five (5) Business Days of the relevant Payment Date or on the relevant Maturity Date, ; or (ii) any other portion of the Obligations within five (5) days Business Days after receipt of written notice from a Lender that such payment is due.

Appears in 1 contract

Samples: Equipment Loan and Security Agreement (Egenera, Inc.)

Failure to Pay. If Borrower fails to pay when due and payable or when declared due and payable in accordance with the Loan Documents: (i) any Scheduled Payment on within two (2) days of the relevant Payment Date or on the relevant Maturity Date, Date or (ii) any other portion of the Obligations within five (5) days after receipt of written notice from Lender that such payment is due.

Appears in 1 contract

Samples: Venture Loan and Security Agreement (Convio, Inc.)

Failure to Pay. If Borrower fails to pay when due and payable or when declared due and payable in accordance with the Loan Documents: (i) any Scheduled Payment on the relevant Payment Date or on the relevant Maturity Date, or (ii) any other portion of the Obligations within five (5) days after receipt of written notice from Lender that such payment is due.

Appears in 1 contract

Samples: Venture Loan and Security Agreement (Cryocor Inc)

Failure to Pay. If Borrower fails to pay when due and payable or when declared due and payable in accordance with the Loan Documents: (i) any Scheduled Payment on the relevant Payment Date or on the relevant Maturity Date, or (ii) any other portion of the Obligations within five (5) days after receipt of written notice from any Lender or Agent that such payment is due.

Appears in 1 contract

Samples: Venture Loan and Security Agreement (Sunesis Pharmaceuticals Inc)

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