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 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 (Treace Medical Concepts, Inc.), Loan and Security Agreement (Treace Medical Concepts, Inc.), Loan and Security Agreement (Satsuma Pharmaceuticals, 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 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.)
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 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 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. 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 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. 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 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 and Security Agreement (NanoString Technologies 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 claimLiens that may have superior priority to Bank’s Lien under this Agreement), 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
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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. 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 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. The Collateral may also be (subject only to Permitted Liens. If Borrower shall acquire a commercial tort claimLiens that, Borrower shall promptly notify Bank pursuant to the terms hereof, are allowed to have superior priority to Bank’s Lien), 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
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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. 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
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 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).
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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. The Collateral (provided that the Collateral may also be subject 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
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 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
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 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
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 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.be
Appears in 1 contract
Samples: Loan and Security Agreement (Sunesis Pharmaceuticals 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 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
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 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)
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 to Permitted Liens. 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. 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. The Collateral may also be (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 Bank.Lender. 4.3
Appears in 1 contract
Samples: Execution Version Loan and Security Agreement (Lightning eMotors, Inc.)