Loss Proceeds. So long as no Event of Default has occurred and is continuing, any proceeds of insurance on or condemnation of Collateral shall, at Borrower’s election and so long as Lender’s security interest in such proceeds remains first priority, be used either to repair or replace such Collateral or otherwise applied to the purchase or acquisition of property useful to Borrower’s business.
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Samples: Loan and Security Agreement (Foundation Medicine, Inc.), Loan Agreement (Kior Inc), Loan and Security Agreement (Kior Inc)
Loss Proceeds. So long as no Event of Default has occurred and is continuingoccurred, any proceeds of insurance on or condemnation of Collateral shall, at Borrower’s election and so long as Lender’s security interest in such proceeds remains first priority, be used either to repair or replace such Collateral or otherwise applied to the purchase or acquisition of property useful to Borrower’s businessCollateral.
Appears in 4 contracts
Samples: Loan and Security Agreement (GlassHouse Technologies Inc), Loan and Security Agreement (GlassHouse Technologies Inc), Loan and Security Agreement (ARYx Therapeutics, Inc.)
Loss Proceeds. So long as no Event of Default has occurred and is continuing, any proceeds of insurance on or condemnation of Collateral shall, at Borrower’s 's election and so long as Lender’s 's security interest in such proceeds remains first priority, be used either to repair or replace such Collateral or otherwise applied to the purchase or acquisition of property useful to Borrower’s 's business.
Appears in 3 contracts
Samples: Loan and Security Agreement (Anacor Pharmaceuticals Inc), Loan and Security Agreement (Anacor Pharmaceuticals Inc), Loan and Security Agreement (Anacor Pharmaceuticals Inc)
Loss Proceeds. So long as no Event of Default has occurred and is continuing, any proceeds of insurance on or condemnation of Collateral shall, at the affected Borrower’s election and so long as LenderAgent’s security interest on behalf of Lenders in such proceeds remains first priorityvalid and perfected, be used either to repair or replace such Collateral or otherwise applied to the purchase or acquisition of property useful to such Borrower’s business.
Appears in 2 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (Zipcar Inc)
Loss Proceeds. So long as no Event of Default has occurred and is continuing, any proceeds of insurance on or condemnation of Collateral shall, at Borrower’s election and so long as Lender’s Lenders’ security interest in such proceeds remains first priority, be used either to repair or replace such Collateral or otherwise applied to the purchase or acquisition of property useful to Borrower’s business.
Appears in 2 contracts
Samples: Loan and Security Agreement (Kior Inc), Loan and Security Agreement (Kior Inc)
Loss Proceeds. So long as no Event of Default has occurred and is continuing, any proceeds of insurance on or condemnation of Collateral shall, at Borrower’s election and election, be used either to repair or replace such Collateral, to purchase or acquire property useful to Borrower’s business, or shall be otherwise used or maintained at Borrower’s election, in each case, so long as Lender’s security interest in such proceeds remains first priority, be used either to repair or replace such Collateral or otherwise applied to the purchase or acquisition of property useful to Borrower’s business.
Appears in 2 contracts
Samples: Loan and Security Agreement (Cerulean Pharma Inc.), Loan and Security Agreement (Cerulean Pharma Inc.)
Loss Proceeds. So long as no Event of Default has occurred and is continuingoccurred, any proceeds of insurance on or condemnation of Collateral shall, at Borrower’s election and so long as Lender’s security interest in such proceeds remains first priority, be used either to repair or replace such Collateral, other than Collateral that Borrower determines in good faith is not necessary or otherwise applied to useful in the purchase or acquisition conduct of property useful to Borrower’s its business.
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Samples: Loan and Security Agreement (Concentric Medical Inc)
Loss Proceeds. So long as no Event of Default has occurred and is continuing, any proceeds of insurance on or condemnation of Collateral shall, at Borrower’s election and so long as Lender’s security interest in such proceeds remains first prioritypriority (subject to Permitted Liens), be used either to repair or replace such Collateral or otherwise applied to the purchase or acquisition of property useful to Borrower’s business.
Appears in 1 contract
Samples: Loan and Security Agreement (Kythera Biopharmaceuticals Inc)
Loss Proceeds. So long as no Event of Default has occurred and is continuing, any proceeds of insurance on or condemnation of Collateral shall, at Borrower’s 's election and so long as Lender’s 's security interest in such proceeds remains first priority, be used either to repair or replace such Collateral or otherwise applied to the purchase or acquisition of property useful to Borrower’s 's business or otherwise applied to the purchase or acquisition of property useful to Borrower's business.
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Loss Proceeds. So long as no Event of Default has occurred and is continuing, any proceeds of insurance on or condemnation of Collateral shall, at Borrower’s election and so long as Lender’s security interest in such proceeds remains first priority, be used either to repair or replace such Collateral or otherwise applied to the purchase or acquisition of property useful to Borrower’s business. [***] Information has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
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Loss Proceeds. So long as no Event of Default has occurred and is continuing, any proceeds of insurance on or condemnation of Collateral shall, at Borrower’s election and so long as Lender’s security interest in such proceeds or repaired or replacement Collateral remains first priority, be used either to repair or replace such Collateral or otherwise applied to the purchase or acquisition of property useful to Borrower’s business.
Appears in 1 contract
Samples: Loan and Security Agreement (Restore Medical, Inc.)
Loss Proceeds. So long as no Event of Default has occurred and is continuingoccurred, any proceeds of insurance on or condemnation of Collateral shall, at Borrower’s election and so long as Lender’s security interest in such proceeds remains first prioritypriority (subject to the prior rights of the Permitted Liens), be used either to repair or replace such Collateral or otherwise applied to the purchase or acquisition of property useful to Borrower’s businessCollateral.
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Loss Proceeds. So long as no Event of Default has occurred and is continuing, any proceeds of insurance on or condemnation of Collateral shall, at Borrower’s Obligors’ election and so long as Lender’s security interest in such proceeds remains first priority, be used either to repair or replace such Collateral or otherwise applied to the purchase or acquisition of property useful to Borrower’s Obligors’ business.
Appears in 1 contract
Samples: Loan Agreement (Enerkem Inc.)
Loss Proceeds. So long as no Event of Default has occurred and is continuing, any proceeds of insurance on or condemnation of Collateral shall, at the affected Borrower’s election and so long as Lender’s security interest in such proceeds remains first priority, be used either to repair or replace such Collateral or otherwise applied to the purchase or acquisition of property useful to such Borrower’s business.
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