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 or any of its Affiliates, including, without limitation, the Credit Agreement. Without limiting the generality of the foregoing, neither the Holder nor any Affiliate of the Holder, in exercising its rights as a lender, including making its decision on whether to foreclose on any collateral security, will have any duty to consider (a) its status or the status of any of its Affiliates as a direct or indirect equity holder of the Company, (b) the equity of the Company, or (c) any duty it may have to any other direct or indirect equity holder of the Company, except as may be required by commercial Law applicable to creditors generally.
Appears in 2 contracts
Samples: Boxed, Inc., Boxed, Inc.
No Effect Upon Lending Relationship. Notwithstanding anything herein to the contrary, nothing contained in this Warrant shall affect, limit, 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 or any of its Affiliates, including, without limitation, the Credit Agreement. Without limiting the generality of the foregoing, neither the Holder nor any Affiliate of the Holder, for itself or in any capacity with respect to any of its Affiliates in exercising its or its Affiliates’ respective rights as a lender, including making its decision on whether to foreclose on any collateral security, will have any no duty to consider (ai) its status or the status of any of its Affiliates as a direct or indirect equity holder of the Company, (bii) the equity of the Company, Company or (ciii) any duty it may have to any other direct or indirect equity holder of the Company, except as may be required under the Credit Agreement or by commercial Law law applicable to creditors generally.
Appears in 2 contracts
Samples: Credit Agreement (Kala Pharmaceuticals, Inc.), Common Stock Purchase (Kala Pharmaceuticals, Inc.)
No Effect Upon Lending Relationship. Notwithstanding anything herein to the contrary, nothing contained in this Warrant Agreement or any other Equity Agreement to which such Stockholder is a party shall affect, limit, 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 has borrowed money from the Holder or any of its Affiliates, including, without limitation, the Credit AgreementSubsidiaries has borrowed money. Without limiting the generality of the foregoing, neither the Holder nor any Affiliate of the Holdersuch Person, in exercising its rights as a lender, including making its decision on whether to foreclose on any collateral security, will have any no duty to consider (ai) its status or the status of any of its Affiliates as a direct or indirect equity holder stockholder of the Company, (bii) the equity interests of the Company, Company or (ciii) 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 law applicable to creditors generally.
Appears in 1 contract
No Effect Upon Lending Relationship. Notwithstanding anything herein to the contrary, nothing contained in this Warrant shall affect, limit, 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 or any of its Affiliates, including, without limitation, the Credit Purchase Agreement. Without limiting the generality of the foregoing, neither the Holder nor any Affiliate of the Holder, in exercising its rights as a lender, including making its decision on whether to foreclose on any collateral security, will have any duty to consider (a) its status or the status of any of its Affiliates as a direct or indirect equity holder of the Company, (b) the equity of the Company, Company or (c) any duty it may have to any other direct or indirect equity holder of the Company, except as may be required by commercial Law applicable to creditors generally.
Appears in 1 contract
Samples: Aquestive Therapeutics, Inc.