Common use of Priority of Security Interest Clause in Contracts

Priority of Security Interest. Borrower represents, warrants, and covenants that the security interest granted herein is and shall at all times continue to be a first priority perfected security interest in the Collateral (subject only to Permitted Liens). If Borrower shall acquire a commercial tort claim, Borrower shall promptly notify Bank in a writing signed by Borrower of the general details thereof and grant to Bank in such writing a security interest therein and in the proceeds thereof, all upon the terms of this Agreement, with such writing to be in form and substance reasonably satisfactory to Bank.

Appears in 4 contracts

Samples: Loan and Security Agreement (Procore Technologies, Inc.), Loan and Security Agreement (Knightscope, Inc.), Loan and Security Agreement (ShockWave Medical, Inc.)

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Priority of Security Interest. Borrower represents, warrants, and covenants that the security interest granted herein is and shall at all times continue to be a first priority perfected security interest in the Collateral (subject only to Permitted Liens). If Borrower shall acquire a commercial tort claim, Borrower shall promptly notify Bank in a writing signed by Borrower of the general details thereof and grant Liens that are permitted pursuant to Bank in such writing a security interest therein and in the proceeds thereof, all upon the terms of this Agreement, with such writing Agreement to be in form and substance reasonably satisfactory have superior priority to Bank’s Lien under this Agreement).

Appears in 3 contracts

Samples: Loan and Security Agreement (Sunesis Pharmaceuticals Inc), Loan and Security Agreement (TerraVia Holdings, Inc.), Loan and Security Agreement (Sorrento Therapeutics, Inc.)

Priority of Security Interest. Borrower represents, warrants, and covenants that the security interest granted herein is and shall at all times continue to be a first priority perfected security interest in the Collateral (subject only to Permitted Liens). If Borrower shall acquire a commercial tort claim, Borrower shall promptly notify Bank in a writing signed by Borrower of the general details thereof and grant to Bank in such writing a security interest therein and in the proceeds thereof, all upon the terms of this Agreement, with such writing to be in form and substance reasonably satisfactory to BankCollateral.

Appears in 3 contracts

Samples: Loan and Security Agreement (TerraVia Holdings, Inc.), Loan and Security Agreement (Relypsa Inc), Loan and Security Agreement (Relypsa Inc)

Priority of Security Interest. Borrower represents, warrants, and covenants that the security interest granted herein is and shall at all times continue to be a first priority perfected security interest in the Collateral (subject only to Permitted Liens). If Borrower shall acquire a commercial tort claim, Borrower shall promptly notify Bank in a writing signed by Borrower of the general details thereof and grant Liens that are permitted pursuant to Bank in such writing a security interest therein and in the proceeds thereof, all upon the terms of this Agreement, with such writing Agreement to be in form and substance reasonably satisfactory have superior priority to Bank’s Lien under this Agreement and subject to the CRG Intercreditor Agreement).

Appears in 2 contracts

Samples: Loan and Security Agreement (NanoString Technologies Inc), Loan Agreement (NanoString Technologies Inc)

Priority of Security Interest. Borrower represents, warrants, and covenants that the security interest interests granted herein is are and shall at all times continue to be a first priority perfected security interest interests in the Collateral (the Collateral may also be subject only to Permitted Liens). If Borrower shall acquire a commercial tort claim, Borrower shall promptly notify Bank in a writing signed by Borrower of the general details thereof and grant to Bank in such writing a security interest therein and in the proceeds thereof, all upon the terms of this Agreement, with such writing to be in form and substance reasonably satisfactory to Bank.shall

Appears in 1 contract

Samples: Mezzanine Loan and Security Agreement (Nebula Caravel Acquisition Corp.)

Priority of Security Interest. Borrower represents, warrants, and covenants that the security interest granted herein is and shall at all times continue to be a first priority perfected security interest in the Collateral (subject only to Permitted Liens). If Borrower shall acquire a commercial tort claim, Borrower shall promptly notify Bank in a writing signed by Borrower of the general details thereof and grant to Bank in such writing a security interest therein and in the proceeds thereof, all upon the terms of this Agreement, with such writing to be in form and substance reasonably satisfactory to Bank.

Appears in 1 contract

Samples: Loan Agreement (Invuity, Inc.)

Priority of Security Interest. Borrower represents, warrants, and covenants that the security interest Security Interest granted herein is and shall at all times continue to be a first priority perfected security interest in the Collateral (subject only to Permitted Liens). If Borrower Xxxxxxxx shall acquire a commercial tort claim, Borrower shall promptly notify Bank Xxxxxx in a writing signed by Borrower of the general details thereof and grant to Bank Lender in such writing a security interest therein and in the proceeds thereof, all upon the terms of this Agreement, with such writing to be in form and substance reasonably satisfactory to BankLender.

Appears in 1 contract

Samples: Loan and Security Agreement (Lightning eMotors, Inc.)

Priority of Security Interest. Borrower represents, warrants, and covenants that the security interest granted herein is and shall at all times continue to be a first priority perfected security interest in the Collateral (the Collateral may also be subject only to Permitted Liens). If Borrower shall acquire a commercial tort claimclaim with demand for recovery of an amount in excess of Two Hundred Fifty Thousand Dollars ($250,000), Borrower shall promptly notify Bank in a writing signed by Borrower of the general details thereof and grant to Bank in such writing a security interest therein and in the proceeds thereof, all upon the terms of this Agreement, with such writing to be in form and substance reasonably satisfactory to Bank.a

Appears in 1 contract

Samples: Loan and Security Agreement (Nebula Caravel Acquisition Corp.)

Priority of Security Interest. Borrower represents, warrants, and covenants that the security interest granted herein is and shall at all times continue to be a first priority perfected security interest in the Collateral (subject only to Permitted Liens). If Borrower shall acquire a commercial tort claim, Borrower shall promptly notify Bank in a writing signed by Borrower of the general details thereof and grant Liens that may have superior priority to Bank in such writing a security interest therein and in the proceeds thereof, all upon the terms of Lender's Lien under this Agreement, with such writing to be in form and substance reasonably satisfactory to Bank).

Appears in 1 contract

Samples: Loan and Security Agreement (S&W Seed Co)

Priority of Security Interest. Borrower represents, warrants, and covenants that the security interest granted herein is and shall at all times continue to be a first priority perfected security interest in the Collateral (subject only to Permitted Liens)Collateral. If Borrower shall acquire a commercial tort claim, Borrower shall promptly notify Bank Lender in a writing signed by Borrower of the general details thereof and grant to Bank Lender in such writing a security interest therein and in the proceeds thereof, all upon the terms of this Agreement, with such writing to be in form and substance reasonably satisfactory to BankLender.

Appears in 1 contract

Samples: Credit Agreement (BioPharmX Corp)

Priority of Security Interest. The Borrower represents, warrants, warrants and covenants that the security interest granted herein is and shall at all times continue to be a first priority perfected security interest in the Collateral (subject only to Permitted Liens). If Borrower shall acquire a commercial tort claim, Borrower shall promptly notify Bank in a writing signed by Borrower of Liens that have superior priority to the general details thereof and grant to Bank in such writing a security interest therein and in the proceeds thereof, all upon the terms of Lender’s Lien under this Agreement, with such writing to be in form and substance reasonably satisfactory to Bank).

Appears in 1 contract

Samples: Loan and Security Agreement (Peninsula Acquisition Corp)

Priority of Security Interest. Borrower represents, warrants, and covenants that the security interest granted herein is and shall at all times continue to be a first priority perfected security interest in all the Collateral (subject only to Permitted LiensLiens that, pursuant to the terms hereof, are allowed to have superior priority to Bank’s Lien). If Borrower shall acquire a commercial tort claim, Borrower shall promptly notify Bank in a writing signed by Borrower of each case, to the general details thereof and grant to Bank in such writing extent that a security interest therein and in the proceeds thereof, all upon the terms of this Agreement, with such writing Collateral can be perfected pursuant to be in form and substance reasonably satisfactory to Bank.Article 9 or 8

Appears in 1 contract

Samples: Loan and Security Agreement (AtriCure, Inc.)

Priority of Security Interest. Borrower represents, warrants, and covenants that the security interest granted herein is and shall at all times continue to be a first priority perfected security interest in the Collateral (subject only to Permitted Liens). If Borrower shall acquire a commercial tort claim, Borrower shall promptly notify Bank in a writing signed by Borrower of the general details thereof and grant Liens that are permitted pursuant to Bank in such writing a security interest therein and in the proceeds thereof, all upon the terms of this Agreement, with such writing Agreement to be in form and substance reasonably satisfactory have superior priority to Bank.’s Lien under this

Appears in 1 contract

Samples: Loan and Security Agreement (Fate Therapeutics Inc)

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Priority of Security Interest. Borrower represents, warrants, and covenants that the security interest granted herein is and shall at all times continue to be a first priority perfected security interest in the Collateral (provided that the Collateral may also be subject only to Permitted Liens). If Borrower shall acquire a commercial tort claim, Borrower shall promptly notify Bank in a writing signed by Borrower of the general details thereof and grant to Bank in such writing a security interest therein and in the proceeds thereof, all upon the terms of this Agreement, with such writing to be in form and substance reasonably satisfactory to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Codex DNA, Inc.)

Priority of Security Interest. Borrower represents, warrants, and covenants that the security interest granted herein is and shall at all times continue to be a first priority perfected security interest in the Collateral (subject only to Permitted Liens). If Borrower shall acquire a commercial tort claim, Borrower shall promptly notify Bank in a writing signed by Borrower of the general details thereof and grant Liens that are permitted pursuant to Bank in such writing a security interest therein and in the proceeds thereof, all upon the terms of this Agreement to have superior priority to Lender’s Lien under this Agreement, with such writing to be in form and substance reasonably satisfactory to Bank).

Appears in 1 contract

Samples: Loan and Security Agreement (Augmedix, Inc.)

Priority of Security Interest. Borrower represents, warrants, and covenants that the security interest granted herein is and shall at all times continue to be a first priority perfected security interest in the Collateral (subject only to Permitted LiensLiens that may have superior priority to Bank’s Lien under this Agreement). If Borrower shall acquire a commercial tort claim, Borrower shall promptly notify Bank in a writing signed by Borrower of each case, to the general details thereof and grant to Bank in such writing extent that a security interest therein and in the proceeds thereof, all upon the terms of this Agreement, with such writing Collateral can be perfected pursuant to be in form and substance reasonably satisfactory to Bank.Article 9

Appears in 1 contract

Samples: Loan and Security Agreement (AtriCure, Inc.)

Priority of Security Interest. Borrower represents, warrants, and covenants that the security interest granted herein is and shall at all times continue to be a first priority perfected security interest in the Collateral and a first priority fixed and floating charges as set forth in the ISR Debentures and the UK Debenture (subject only to Permitted Liens). If Borrower shall acquire a commercial tort claim, Borrower shall promptly notify Bank in a writing signed by Borrower of the general details thereof Liens that are permitted pursuant to applicable law and grant to Bank in such writing a security interest therein and in the proceeds thereof, all upon the terms of this Agreement, with such writing Agreement to be in form and substance reasonably satisfactory have superior priority to Bank’s Lien under this Agreement).

Appears in 1 contract

Samples: Loan and Security Agreement (Similarweb Ltd.)

Priority of Security Interest. Borrower represents, warrants, and covenants that the security interest interests granted herein is are and shall at all times continue to be a first priority perfected security interest interests in the Collateral (subject only to Permitted LiensLiens that are permitted pursuant to the terms of this Agreement to have superior priority to Agent’s Lien under this Agreement). If Borrower shall acquire a commercial tort claim, Borrower shall promptly notify Bank Agent in a writing signed by Borrower of the general details thereof and grant to Bank in such writing a security interest therein and in Agent, for the proceeds thereof, all upon the terms of this Agreement, with such writing to be in form and substance reasonably satisfactory to Bank.ratable benefit

Appears in 1 contract

Samples: Loan and Security Agreement (Taysha Gene Therapies, Inc.)

Priority of Security Interest. Borrower represents, warrants, and covenants that the security interest granted herein is and shall at all times continue to be a first priority perfected security interest in the Collateral. Collateral (subject only to Permitted Liens). If Borrower shall acquire a commercial tort claim, Borrower shall promptly notify Bank in a writing signed by Borrower of the general details thereof and grant to Bank in such writing a security interest therein and in the proceeds thereof, all upon the terms of this Agreement, with such writing to be in form and substance reasonably satisfactory to Bank.may be

Appears in 1 contract

Samples: Loan and Security Agreement (Sunesis Pharmaceuticals Inc)

Priority of Security Interest. Borrower represents, warrants, and covenants to Bank that the security interest granted herein is and shall at all times continue to be a first priority perfected security interest in the Collateral (subject only to Permitted Liens). If Borrower shall acquire a commercial tort claim, Borrower shall promptly notify Bank in a writing signed by Borrower of the general details thereof and grant to Bank in such writing a security interest therein and in the proceeds thereof, all upon the terms of this Agreement, with such writing to be in form and substance reasonably satisfactory to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Rosetta Stone Inc)

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