No Effect Upon Lending Relationship. Notwithstanding anything herein to the contrary, nothing contained in this Warrant shall affect, limit or impair the rights and remedies of the Holder or any of its Affiliates in its capacity as a lender to the Company pursuant to any agreement under which the Company has borrowed money from the Holder. Without limiting the generality of the foregoing, the Holder, in exercising its rights as a lender, including making its decision on whether to foreclose on any collateral security, will have no duty to consider (i) its status or the status of any of its Affiliates as a direct or indirect equity holder of the Company, (ii) the equity of the Company or (iii) any duty it may have to any other direct or indirect equity holder of the Company, except as may be required under the applicable loan documents or by commercial law applicable to creditors generally.
Appears in 13 contracts
Samples: Form of Letter Agreement (Lpath, Inc), Credit Agreement (Lpath, Inc), Credit Agreement (Syncardia Systems Inc)
No Effect Upon Lending Relationship. Notwithstanding anything herein to the contrary, nothing contained in this Warrant Agreement shall affect, limit or impair the rights and remedies of the Holder Investors (or any of its Affiliates their affiliates) in its capacity their respective capacities as a lender to the Company or any of its subsidiaries pursuant to any debt agreement under which the Company or any of its Subsidiaries has borrowed money from the Holdersuch lenders. Without limiting the generality of the foregoing, the Holdereach Investor, in exercising its rights as a lender, including making its decision on whether to foreclose on any collateral security, will have no duty to consider (i) its status or the status of any of its Affiliates affiliates as a direct or indirect equity holder of the Company, (ii) the equity of the Company or (iii) any duty it may have to any stockholder or any other direct or indirect equity holder stockholder of the Company, except as may be required under the applicable loan documents or by commercial law applicable to creditors generally.
Appears in 2 contracts
Samples: Northpond Ventures, LP, Novalis LifeSciences Investments II, L.P.
No Effect Upon Lending Relationship. Notwithstanding anything herein to the contrary, nothing contained in this Warrant shall affect, limit or impair the rights and remedies of the Holder or any of its Affiliates in its capacity as a lender to the Company pursuant to any agreement under which the Company has borrowed money from the Holder. Without limiting the generality of the foregoing, the Holder, in exercising its rights as a lender, including making its decision on whether to foreclose on any collateral security, will have no duty to consider (i) its status or the status of any of its Affiliates as a direct or indirect equity holder of the Company, (ii) the equity of the Company or (iii) any duty it may have to any other direct or indirect equity holder of the Company, except as may be required under the applicable loan documents Credit Agreement or by commercial law applicable to creditors generally.
Appears in 1 contract
Samples: Relypsa Inc
No Effect Upon Lending Relationship. Notwithstanding anything herein to the contrary, nothing contained in this Warrant shall affect, limit or impair the rights and remedies of the Holder or any of its Affiliates in its capacity as a lender to holder of debt obligations of the Company pursuant to any agreement under which the Company has borrowed money from the HolderCompany. Without limiting the generality of the foregoing, the Holder, in exercising its rights as a lenderholder of debt obligations, including making its decision on whether to foreclose on any collateral security, will have no duty to consider (i) its status or the status of any of its Affiliates as a direct or indirect equity holder of the Company, (ii) the equity of the Company or (iii) any duty it may have to any other direct or indirect equity holder of the Company, except as may be required under the applicable loan documents or by commercial law applicable to creditors generally.
Appears in 1 contract
Samples: Securities Purchase Agreement (Cipher Pharmaceuticals Inc)
No Effect Upon Lending Relationship. Notwithstanding anything herein to the contrary, nothing contained in this Warrant Agreement shall affect, limit or impair the rights and remedies of the Holder or any of its Affiliates Stockholder in its capacity as a lender to the Company or any of its subsidiaries pursuant to any agreement under which the Company or any of its Subsidiaries has borrowed money from the Holdermoney. Without limiting the generality of the foregoing, the Holderany such Person, in exercising its rights as a lender, including making its decision on whether to foreclose on any collateral security, will have no duty to consider (i) its status or the status of any of its Affiliates as a direct or indirect equity holder Stockholder of the Company, (ii) the equity interests of the Company or (iii) any duty it may have to any other direct or indirect equity holder Stockholder of the Company, except as may be required under the applicable loan documents or by commercial law applicable to creditors generally.
Appears in 1 contract
Samples: Stockholders Agreement
No Effect Upon Lending Relationship. Notwithstanding anything herein to the contrary, nothing contained in this Warrant Agreement shall affect, limit or impair the rights and remedies of the Holder or any of its Affiliates Stockholder in its capacity as a lender to the Company or any of its subsidiaries pursuant to any agreement under which the Company or any of its subsidiaries has borrowed money from the Holdermoney. Without limiting the generality of the foregoing, the Holderany such Person, in exercising its rights as a lender, including making its decision on whether to foreclose on any collateral security, will have no duty to consider (i) its status or the status of any of its Affiliates as a direct or indirect equity holder equityholder of the Company, (ii) the equity interests of the Company or (iii) any duty it may have to any other direct or indirect equity holder equityholder of the Company, except as may be required under the applicable loan documents or by commercial law applicable to creditors generally.
Appears in 1 contract
Samples: Stockholders’ Agreement (Neptune Wellness Solutions Inc.)
No Effect Upon Lending Relationship. Notwithstanding anything herein to the contrary, nothing contained in this Warrant shall affect, limit or impair the rights and remedies of the Holder or any of its Affiliates in its capacity as a lender to the Company pursuant to any agreement under which the Company has borrowed money from the Holder. Without limiting the generality of the foregoing, the Holder, in exercising its rights as a lender, including making its decision on whether to foreclose on any collateral security, will have no duty to consider (i) its status or the status of any of its Affiliates as a direct or indirect equity holder of the Company, (ii) the equity of the Company or (iii) any duty it may have to any other direct or indirect equity holder of the Company, except as may be required under the applicable loan documents Loan Documents or by commercial law applicable to creditors generally.
Appears in 1 contract
Samples: Credit Agreement (Lpath, Inc)
No Effect Upon Lending Relationship. Notwithstanding anything herein to the contrary, nothing contained in this Warrant Agreement shall affect, limit or impair the rights and remedies of the Holder or any of its Affiliates Stockholder in its capacity as a lender to the Company or any of its subsidiaries pursuant to any agreement under which the Company or any of its subsidiaries has borrowed money from the Holdermoney. Without limiting the generality of the foregoing, the Holderany such Person, in exercising its rights as a lender, including making its decision on whether to foreclose on any collateral security, will have no duty to consider (i) its status or the status of any of its Affiliates as a direct or indirect equity holder equityholder of the Company, (ii) the equity interests of the Company or (iii) any duty it may have to any other direct or indirect equity holder equityholder of the Company, except as may be required under the applicable loan documents or by commercial law applicable to creditors generally..
Appears in 1 contract
Samples: Stockholders’ Agreement (Neptune Wellness Solutions Inc.)