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 Lenders, by written notice to the Borrower, may declare the principal of, and accrued and unpaid interest on, the Notes or any part of any of them (together with any other amounts accrued or payable under the 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 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 (Flamel Technologies Sa), Facility Agreement (Pacific Biosciences of California Inc), Facility Agreement (Tengion 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 6.3 shall have happened and be continuing beyond the applicable cure period (each, an “Event of Default”), the LendersRequisite Holders, by written notice to the BorrowerCompany, 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 Obligations accrued or payable under the Transaction 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 BorrowerCompany, and take any further action available at law or in equity, including, without limitation, including the sale of the Loan Notes and all other rights acquired in connection with the LoanNotes:

Appears in 2 contracts

Samples: Convertible Notes Purchase Agreement (Uber Technologies, Inc), Convertible Notes Purchase Agreement (Uber Technologies, Inc)

General Acceleration Provision upon Events of Default. If one or more of the events specified in this Section 5.4 5.1 (each an “Event of Default”) shall have happened and be continuing beyond the applicable cure period (each, an “Event of Default”)period, the LendersLender, by written notice to the Borrower, may cancel the Borrower’s right to request Disbursements and declare the principal of, and accrued and unpaid interest on, the Notes entire outstanding Balance or any part of any of them thereof (together with any other amounts accrued or payable under the Transaction Documentsthis Agreement) to be, and the same shall thereupon become, immediately due and payable, payable 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: Loan Agreement (Nephros 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, may declare the outstanding 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 Transaction 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 (Neos Therapeutics, 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, each an “Event of Default”)) shall have happened other than a XxXxxx Default, the LendersLender, by written notice to the Borrower, (any such notice, an “Acceleration Notice”), may declare the principal of, and accrued and unpaid interest on, the Notes Loan or any part of any of them thereof (together with any other amounts accrued or payable under the Transaction 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: Loan Agreement (Composite Technology Corp)

General Acceleration Provision upon Events of Default. If one or more of the events any event 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, may declare the principal of, and accrued and unpaid interest on, the Notes or any part of any of them (together with any other amounts Obligations accrued or payable under the Transaction Documentspayable) to be, and the same shall thereupon become, immediately due and payable, without any further notice and without or 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 (Kempharm, 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 5.5 (each, each an “Event of Default”)) shall have happened and is continuing, the Requisite Lenders, by written notice to the Borrower, (any such notice, an “Acceleration Notice”), may declare the principal of, and accrued and unpaid interest on, the Notes Loan or any part of any of them thereof (together with any other amounts accrued or payable under the Transaction 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 (Arena Pharmaceuticals Inc)

General Acceleration Provision upon Events of Default. If one or more of the events any event 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, may declare the principal of, and accrued and unpaid interest on, the Notes or any part of any of them (together with any other amounts accrued or payable under the 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 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 (IMRIS Inc.)

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General Acceleration Provision upon Events of Default. If one or more of the events any event specified in this Section 5.4 shall have happened occurred and be continuing beyond the applicable cure period (each, an “Event of Default”), the Required Lenders, by written notice to the Borrower, may declare the principal of, and accrued and unpaid interest on, the Notes or any part of any of them (together with any other amounts Obligations accrued or payable under the Transaction Documentspayable) to be, and the same shall thereupon become, immediately due and payable, without any further notice and without or 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 (Kempharm, 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, may declare the principal of, and accrued and unpaid interest on, the Notes or any part of any of them (together with any other amounts accrued or payable under the 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 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 (Discovery Laboratories Inc /De/)

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 Lenderseach Lender, by written notice to the Borrower, may declare the principal of, and accrued and unpaid interest on, the Notes held by such Lender or any part of any of them (together with any other amounts accrued or payable under the 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 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 (Tengion Inc)

General Acceleration Provision upon Events of Default. If one or more of the events specified in this Section 5.4 shall have happened occurred and be continuing beyond the applicable cure period (each, an “Event of Default”), the LendersLender, by written notice to the BorrowerBorrowers, may declare the principal of, and accrued and unpaid interest on, the Notes Note or any part of any of them it (together with any other amounts accrued or payable under the 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 BorrowerBorrowers, and take any further action available at law or in equity, including, without limitation, the sale of the Loan Loans and all other rights acquired in connection with the LoanLoans:

Appears in 1 contract

Samples: Facility Agreement (Flamel Technologies Sa)

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 LendersRequired Purchasers, by written notice to the 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 Obligations accrued or payable under the Transaction 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: Note Purchase Agreement (Aerie Pharmaceuticals Inc)

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