Common use of General Acceleration Provision upon Events of Default Clause in Contracts

General Acceleration Provision upon Events of Default. If one or more of the events specified in this Section 5.4 shall have happened and be continuing beyond the applicable cure period (each, an “Event of Default”), the Required Lenders, by written notice to the Borrower (an “Acceleration Notice”), may declare the principal of, and accrued and unpaid interest on, all of the Notes or any part of any of them (together with any other amounts accrued or payable under the Loan Documents) to be, and the same shall thereupon become, immediately due and payable, without any further notice and without any presentment, demand, or protest of any kind, all of which are hereby expressly waived by the Borrower, and take any further action available at law or in equity, including, without limitation, the sale of the Loan and all other rights acquired in connection with the Loan:

Appears in 6 contracts

Samples: Registration Rights Agreement (Tribute Pharmaceuticals Canada Inc.), Registration Rights Agreement (Pozen Inc /Nc), Amended and Restated Facility Agreement (Pozen Inc /Nc)

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General Acceleration Provision upon Events of Default. If one or more of the events specified in this Section 5.4 shall have happened and be continuing beyond the applicable cure period (each, an “Event of Default”), the Required Lenders, by written notice to the Borrower (an “Acceleration Notice”)Borrower, may declare the principal of, and accrued and unpaid interest on, all of the Notes or any part of any of them (together with any other amounts accrued or payable under the Loan Documents) to be, and the same shall thereupon become, immediately due and payable, without any further notice and without any presentment, demand, or protest of any kind, all of which are hereby expressly waived by the Borrower, and take any further action available at law or in equity, including, without limitation, the sale of the Loan and all other rights acquired in connection with the Loan:

Appears in 3 contracts

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

General Acceleration Provision upon Events of Default. If one or more of the events specified in this Section 5.4 shall have happened and be continuing beyond the applicable cure period (each, an “Event of Default”), the Required LendersPurchasers holding a Majority in Interest of the Notes, by written notice to the Borrower (an “Acceleration Notice”)Company, may declare the principal of, and accrued and unpaid interest on, all of the Notes or any part of any of them (together with any other amounts accrued or payable under the Loan Transaction Documents) to be, and the same shall thereupon become, immediately due and payable, without any further notice and without any presentment, demand, or protest of any kind, all of which are hereby expressly waived by the BorrowerCompany, and take any further action available at law or in equity, including, without limitation, the sale of the collateral securing the Loan and all other rights acquired in connection with the Loan:

Appears in 1 contract

Samples: Subordinated Note and Warrant Purchase Agreement (Trigran Investments, Inc.)

General Acceleration Provision upon Events of Default. If one or more of the events specified in this Section 5.4 5.5 (each an “Event of Default”) shall have happened and be continuing beyond the applicable cure period (each, an “Event of Default”)period, the Required Lenders, by written notice to the Borrower (an “Acceleration Notice”)Borrower, may cancel the Borrower’s right to request Disbursements and declare the principal of, and accrued and unpaid interest on, all of the Notes or any part of any of them (together with any other amounts accrued or payable under the Loan Documentsthis Agreement) to be, and the same shall thereupon become, immediately due and payable, without any further notice and without any presentment, demand, or protest of any kind, all of which are hereby expressly waived by the Borrower, and take any further action available at law or in equity, including, without limitation, the sale of the Loan and all other rights acquired in connection with the Loan:

Appears in 1 contract

Samples: Facility Agreement (Array Biopharma Inc)

General Acceleration Provision upon Events of Default. If one or more of the events specified in this Section 5.4 4.6 shall have happened and be continuing beyond the applicable cure period (each, an “Event of Default”), the Required Lenders, by written notice to the Borrower (an “Acceleration Notice”), may declare the principal of, and accrued and unpaid interest on, all of the Notes or any part of any of them (together with any other amounts accrued or payable under the Loan Documents) to be, and the same shall thereupon become, immediately due and payable, without any further notice and without any presentment, demand, or protest of any kind, all of which are hereby expressly waived by the Borrower, and take any further action available at law or in equity, including, without limitation, the sale of the Loan and all other rights acquired in connection with the Loan:

Appears in 1 contract

Samples: Facility Agreement (Cytomedix Inc)

General Acceleration Provision upon Events of Default. If one or more of the events specified in this Section 5.4 shall have happened and be continuing beyond the applicable cure period (each, an “Event of Default”), the Required Lenders, by written notice to the Borrower (an “Acceleration Notice”)Borrower, may cancel the Borrower’s right to request the Disbursement and declare the principal of, and accrued and unpaid interest on, all of the Notes or any part of any of them (together with any other amounts accrued or payable under the Loan Financing Documents) to be, and the same shall thereupon become, immediately due and payable, without any further notice and without any presentment, demand, or protest of any kind, all of which are hereby expressly waived by the Borrower, and take any further action available at law or in equity, including, without limitation, the sale of the Loan and all other rights acquired in connection with the Loan:

Appears in 1 contract

Samples: Facility Agreement (Icad Inc)

General Acceleration Provision upon Events of Default. If one or more of the events specified in this Section 5.4 5.5 shall have happened and be continuing beyond the applicable cure period (each, an “Event of Default”), the Required Lenders, by written notice to the Borrower (an “Acceleration Notice”)Borrower, may cancel the Borrower’s right to request Disbursements and declare the principal of, and accrued and unpaid interest on, all of the Notes or any part of any of them (together with any other amounts accrued or payable under the Loan Documentsthis Agreement) to be, and the same shall thereupon become, immediately due and payable, without any further notice and without any presentment, demand, or protest of any kind, all of which are hereby expressly waived by the Borrower, and take any further action available at law or in equity, including, without limitation, the sale of the Loan and all other rights acquired in connection with the Loan:

Appears in 1 contract

Samples: Facility Agreement (Ista Pharmaceuticals Inc)

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General Acceleration Provision upon Events of Default. If one or more of the events specified in this Section 5.4 5.5 shall have happened and be continuing beyond the applicable cure period (each, an “Event of Default”), the Required Requisite Lenders, by written notice to the Borrower (an “Acceleration Notice”)Borrower, may cancel the Borrower’s right to request Disbursements and declare the principal of, and accrued and unpaid interest on, all of the Notes or any part of any of them (together with any other amounts accrued or payable under the Loan Documentsthis Agreement) to be, and the same shall thereupon become, immediately due and payable, without any further notice and without any presentment, demand, or protest of any kind, all of which are hereby expressly waived by the Borrower, and take any further action available at law or in equity, including, without limitation, the sale of the Loan and all other rights acquired in connection with the Loan:

Appears in 1 contract

Samples: Facility Agreement (Insulet Corp)

General Acceleration Provision upon Events of Default. If one or more of the events specified in this Section 5.4 6.1 (each an “Event of Default”) shall have happened and be continuing beyond the applicable cure period (each, an “Event of Default”)period, the Required Lenders, by written notice to the Borrower (an “Acceleration Notice”)Borrower, may cancel the Borrower’s right to request Disbursements and declare the principal of, and accrued and unpaid interest all fees on, all of the Notes Loan or any part of any of them (together with any other amounts accrued or payable under the Loan Documentsthis Agreement) to be, and the same shall thereupon become, immediately due and payable, payable without prepayment premium without any further notice and without any presentment, demand, demand or protest of any kind, all of which are hereby expressly waived by the Borrower, and take any further action available at law or in equity, including, without limitation, the sale of the Loan and all other rights acquired in connection with the Loan:

Appears in 1 contract

Samples: Facility Agreement (Hana Biosciences Inc)

General Acceleration Provision upon Events of Default. If one or more of the events specified in this Section 5.4 5.5 (each an “Event of Default”) shall have happened and be continuing beyond the applicable cure period (each, an “Event of Default”)period, the Required LendersInvestors, by written notice to the Borrower (an “Acceleration Notice”)Borrower, may cancel the Borrower’s right to request a Disbursement and declare the principal of, and accrued and unpaid interest on, all of the Notes or any part of any of them (together with any other amounts accrued or payable under the Loan Documentsthis Agreement) to be, and the same shall thereupon become, immediately due and payable, without any further notice and without any presentment, demand, or protest of any kind, all of which are hereby expressly waived by the Borrower, and take any further action available at law or in equity, including, without limitation, the sale of the Loan and all other rights acquired in connection with the Loan:

Appears in 1 contract

Samples: Facility Agreement (Array Biopharma Inc)

General Acceleration Provision upon Events of Default. If one or more any of the events specified in this Section 5.4 shall have happened and be continuing beyond the applicable cure period (each, an “Event of Default”), the Required LendersPurchasers, by written notice to the Borrower (an “Acceleration Notice”)Borrower, may declare the principal of, and interest (whether accrued and unpaid interest or not accrued) on, all of the Notes or any part of any of them (together with any other amounts Obligations accrued or payable under the Loan Documentspayable) to be, and the same shall thereupon become, immediately due and payable, without any further notice and without any presentment, demand, or protest of any kind, all of which are hereby expressly waived by the Borrower, and take any further action available at law or in equity, including, without limitation, the sale of the Loan Notes and all other rights acquired in connection with the LoanNotes:

Appears in 1 contract

Samples: Facility Agreement (Mannkind Corp)

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