Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower, or any of its Subsidiaries, and their respective Account Debtors shall follow Borrower’s, or such Subsidiary’s, customary practices as they exist at the Effective Date. Borrower must promptly notify Collateral Agent and the Lenders of all returns, recoveries, disputes and claims that involve more than One Hundred Thousand Dollars ($100,000.00) individually or in the aggregate in any calendar year.
Appears in 39 contracts
Samples: Loan and Security Agreement (Poseida Therapeutics, Inc.), Loan and Security Agreement (Poseida Therapeutics, Inc.), Loan and Security Agreement (Poseida Therapeutics, Inc.)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower, or any of its Subsidiaries, and their respective Account Debtors shall follow Borrower’s, or such Subsidiary’s, customary practices as they exist at the Effective Date. Borrower must promptly notify Collateral Agent and the Lenders of all returns, recoveries, disputes and claims that involve more than One Two Hundred Fifty Thousand Dollars ($100,000.00250,000.00) individually or in the aggregate in any calendar year.
Appears in 30 contracts
Samples: Loan and Security Agreement (Millendo Therapeutics, Inc.), Loan and Security Agreement (ObsEva SA), Loan and Security Agreement (Sutro Biopharma, Inc.)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower, or any of its Subsidiaries, and their respective Account Debtors shall follow Borrower’s, or such Subsidiary’s, customary practices as they exist at the Effective Date. Borrower must promptly notify Collateral Agent and the Lenders of all returns, recoveries, disputes and claims that involve more than One Five Hundred Thousand Dollars ($100,000.00500,000.00) individually or in the aggregate in any calendar year.
Appears in 10 contracts
Samples: Loan and Security Agreement (RxSight, Inc.), Loan and Security Agreement (PROCEPT BioRobotics Corp), Loan and Security Agreement (PROCEPT BioRobotics Corp)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower, or any of its Subsidiaries, and their respective Account Debtors shall follow Borrower’s, or such Subsidiary’s, customary practices as they exist at on the Effective Date. Borrower must promptly notify Collateral Agent and the Lenders of all returns, recoveries, disputes and claims that involve more than One Two Hundred Fifty Thousand Dollars ($100,000.00250,000.00) individually or in the aggregate in any calendar year.
Appears in 3 contracts
Samples: Loan and Security Agreement (Foghorn Therapeutics Inc.), Loan and Security Agreement (Sigilon Therapeutics, Inc.), Loan and Security Agreement (Sigilon Therapeutics, Inc.)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower, or any of its Subsidiaries, and their respective Account Debtors shall follow Borrower’s, or such Subsidiary’s, customary practices as they exist at the Effective Date. Borrower must promptly notify Collateral Agent and the Lenders of all returns, recoveries, disputes and claims that involve more than One Hundred Thousand [***] Dollars ($100,000.00[***]) individually or in the aggregate in any calendar year.
Appears in 3 contracts
Samples: Loan and Security Agreement (Castle Biosciences Inc), Loan and Security Agreement (Castle Biosciences Inc), Loan and Security Agreement (Castle Biosciences Inc)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower, or any of its Subsidiaries, as applicable, and their respective Account Debtors shall follow Borrower’s, or such Subsidiary’s, customary practices as they exist at as of the Effective Date. Borrower must promptly notify Collateral Agent and the Lenders of all returns, recoveries, disputes and claims that involve more than One Two Hundred Fifty Thousand Dollars ($100,000.00250,000.00) individually or in the aggregate in any calendar year.
Appears in 3 contracts
Samples: Loan and Security Agreement (scPharmaceuticals Inc.), Loan and Security Agreement (scPharmaceuticals Inc.), Loan and Security Agreement (scPharmaceuticals Inc.)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower, or any of its Subsidiaries, and their respective Account Debtors shall follow Borrower’s, or such Subsidiary’s, customary practices as they exist at the Effective Date. Borrower must promptly notify Collateral Agent and the Lenders of all returns, recoveries, disputes and claims that involve more than One Two Hundred Thousand Dollars ($100,000.00200,000.00) individually or in the aggregate in any calendar year.
Appears in 3 contracts
Samples: Loan and Security Agreement (Viracta Therapeutics, Inc.), Loan and Security Agreement (Inspire Medical Systems, Inc.), Loan and Security Agreement (Inspire Medical Systems, Inc.)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower, or any of its Subsidiaries, as applicable, and their respective Account Debtors shall follow Borrower’s, or such Subsidiary’s, customary practices as they exist at as of the Effective Date. Borrower must promptly notify Collateral Agent and the Lenders of all returns, recoveries, disputes and claims that involve more than One Five Hundred Thousand Dollars ($100,000.00500,000.00) individually or in the aggregate in any calendar year.
Appears in 2 contracts
Samples: Loan and Security Agreement (Senseonics Holdings, Inc.), Loan and Security Agreement (Rubius Therapeutics, Inc.)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower, or any of its Subsidiaries, and their respective Account Debtors shall follow Borrower’s, or such Subsidiary’s, customary practices as they exist at the Effective Date. Borrower must promptly notify Collateral Agent and the Lenders of all returns, recoveries, disputes and claims that involve more than One Hundred Thousand Dollars two percent ($100,000.002.00%) of Net Sales, individually or in the aggregate aggregate, in any calendar yearquarter.
Appears in 1 contract
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower, or any of its Subsidiaries, and their respective Account Debtors shall follow Borrower’s, or such Subsidiary’s, customary practices as they exist at the Effective Date. Borrower must promptly notify Collateral Agent and the Lenders of all returns, recoveries, disputes and claims that involve more than One Hundred Fifty Thousand Dollars ($100,000.00150,000) individually or in the aggregate in any calendar year.
Appears in 1 contract
Samples: Loan and Security Agreement (Baxano Surgical, Inc.)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower, or any of its Subsidiaries, as applicable, and their respective Account Debtors shall follow Borrower’s, or such Subsidiary’s, customary practices as they exist at as of the Effective Date. Borrower must promptly notify Collateral Agent and the Lenders of all returns, recoveries, disputes and claims that involve more than One Two Hundred Fifty Thousand Dollars ($100,000.00250,000.00) individually or in the aggregate in any calendar year.
Appears in 1 contract
Samples: Loan and Security Agreement (Tetraphase Pharmaceuticals Inc)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower, or any of its Subsidiaries, and their respective Account Debtors shall follow Borrower’s, or such Subsidiary’s, customary practices as they exist at the Effective Date. Borrower must promptly notify Collateral Agent and the Lenders of all returns, recoveries, disputes and claims with respect to Inventory that involve more than One Two Hundred Fifty Thousand Dollars ($100,000.00250,000.00) individually or in the aggregate in any calendar year.
Appears in 1 contract
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between BorrowerHoldings, or any of its Subsidiaries, as applicable, and their respective Account Debtors shall follow Borrower’sHoldings’, or such Subsidiary’s, customary practices as they exist at as of the Effective Date. Borrower must promptly notify Collateral Agent and the Lenders of all returns, recoveries, disputes and claims that involve more than One Five Hundred Thousand Dollars ($100,000.00500,000.00) individually or in the aggregate in any calendar year.
Appears in 1 contract
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower, or any of its Subsidiaries, and their respective Account Debtors shall follow Borrower’s, or such Subsidiary’s, customary practices as they exist at the Effective Date. Borrower must promptly notify Collateral Agent and the Lenders of all returns, recoveries, disputes and claims that involve more than One Two Hundred Fifty Thousand Dollars ($100,000.00250,000.00) individually or in the aggregate in any calendar yearyear (excluding returns of demonstration equipment or products).
Appears in 1 contract
Samples: Loan and Security Agreement (HTG Molecular Diagnostics, Inc)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower, or any of Borrower and its Subsidiaries, and their respective Account Debtors shall follow Borrower’s, or such Subsidiary’s, ’s customary practices as they exist at the Effective DateDate or as may reasonably be established thereafter in connection with the commercialization of Borrower’s products. Borrower must promptly notify Collateral Agent and the Lenders of all returns, recoveries, disputes and claims that involve more than One Three Hundred Thousand Dollars ($100,000.00300,000) individually or in the aggregate in any calendar year.
Appears in 1 contract
Samples: Loan and Security Agreement (Supernus Pharmaceuticals Inc)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between BorrowerHoldings, or any of its Subsidiaries, as applicable, and their respective Account Debtors shall follow Borrower’sHoldings’, or such Subsidiary’s, customary practices as they exist at as of the Effective Date. Borrower Borrowers must promptly notify Collateral Agent and the Lenders of all returns, recoveries, disputes and claims that involve more than One Five Hundred Thousand Dollars ($100,000.00500,000.00) individually or in the aggregate in any calendar year.
Appears in 1 contract
Samples: Loan and Security Agreement (Senseonics Holdings, Inc.)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower, or any of its SubsidiariesGuarantor, and their respective Account Debtors shall follow Borrower’s, or such SubsidiaryGuarantor’s, customary practices as they exist at the Effective Date. Borrower must promptly notify Collateral Agent and the Lenders of all returns, recoveries, disputes with respect to Inventory and claims with respect to Inventory that involve more than One Hundred Thousand Dollars ($100,000.00) individually or in the aggregate in any calendar year.
Appears in 1 contract
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower, or any of its Subsidiaries, and their respective Account Debtors shall follow Borrower’s, ’s or such Subsidiary’s, as applicable, customary practices as they exist at as of the Effective Date. Borrower must promptly notify Collateral Agent and the Lenders of all returns, recoveries, disputes and claims that involve more than One Two Hundred Fifty Thousand Dollars ($100,000.00250,000.00) individually or in the aggregate in any calendar year.
Appears in 1 contract
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower, or any of its Subsidiaries, and their respective Account Debtors shall follow Borrower’s, or such Subsidiary’s, customary practices as they exist at the Effective Date. Borrower must promptly notify Collateral Agent and the Lenders of all returns, recoveries, disputes and claims that involve more than One Two Hundred and Fifty Thousand Dollars ($100,000.00250,000.00) individually or in the aggregate in any calendar year.
Appears in 1 contract
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower, or any of its Subsidiaries, and their respective Account Debtors shall follow Borrower’s, or such Subsidiary’s, customary practices as they exist at the Effective Datepractices. Borrower must promptly notify Collateral Agent and the Lenders of all returns, recoveries, disputes and claims that involve more than One Hundred Thousand Dollars ($100,000.00) individually or more than $250,000 in the aggregate in any calendar year.
Appears in 1 contract
Samples: Loan and Security Agreement (Acura Pharmaceuticals, Inc)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower, or any of its Subsidiaries, and their respective Account Debtors shall follow Borrower’s, or such Subsidiary’s, customary practices as they exist at the Effective Date. Borrower must promptly notify Collateral Agent the Lender and the Lenders of all returns, recoveries, disputes and claims that involve more than One Two Hundred Fifty Thousand Dollars ($100,000.00250,000.00) individually or in the aggregate in any calendar year.
Appears in 1 contract
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower, or any of its Subsidiaries, as applicable, and their respective Account Debtors shall follow Borrower’s, or such Subsidiary’s, customary practices as they exist at as of the Effective Date. Borrower must promptly notify Collateral Agent and the Lenders of all returns, recoveries, disputes and claims that involve more than One Hundred Fifty Thousand Dollars ($100,000.00150,000.00) individually or in the aggregate in any calendar year.
Appears in 1 contract