Common use of Protective Payments Clause in Contracts

Protective Payments. If Borrower fails to obtain the insurance called for by Section 6.5 or fails to pay any premium thereon or fails to pay any other amount which Borrower is obligated to pay under this Agreement or any other Loan Document or which may be required to preserve the Collateral, Agent may obtain such insurance or make such payment, and all amounts so paid by Agent are Lenders’ Expenses and immediately due and payable, bearing interest at the then highest rate applicable to the Obligations, and secured by the Collateral. Agent will make reasonable efforts to provide Borrower with notice of Agent obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Agent are deemed an agreement to make similar payments in the future or Agent’s and/or Lender’s waiver of any Event of Default.

Appears in 6 contracts

Samples: Loan and Security Agreement (Scynexis Inc), Loan and Security Agreement (Eidos Therapeutics, Inc.), Loan and Security Agreement (Phathom Pharmaceuticals, Inc.)

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Protective Payments. If a Borrower fails to obtain the insurance called for by Section 6.5 or fails to pay any premium thereon or fails to pay any other amount which such Borrower is obligated to pay under this Agreement or any other Loan Document or which may be required to preserve the Collateral, Agent may obtain such insurance or make such payment, and all amounts so paid by Agent are Lenders’ Expenses protective advances and immediately due and payable, bearing interest at the then highest rate applicable to the Obligations, and secured by the Collateral. Agent will make reasonable efforts to provide Borrower Representative with notice of Agent obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Agent are deemed an agreement to make similar payments in the future or Agent’s and/or Lender’s shall constitute a waiver of any Event of Default.

Appears in 5 contracts

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

Protective Payments. If a Borrower fails to obtain the insurance called for by Section 6.5 or fails to pay any premium thereon or fails to pay any other amount which such Borrower is obligated to pay under this Agreement or any other Loan Document or which may be required to preserve the Collateral, Agent may obtain such insurance or make such payment, and all amounts so paid by Agent are Lenders’ Lender Expenses and immediately due and payable, bearing interest at the then highest rate applicable to the Obligations, and secured by the Collateral. Agent will make reasonable efforts to provide Borrower Representative with notice of Agent obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Agent are deemed an agreement to make similar payments in the future or Agent’s and/or Lender’s waiver of any Event of Default.

Appears in 3 contracts

Samples: Loan and Security Agreement (EBR Systems, Inc.), Loan and Security Agreement (Allurion Technologies Holdings, Inc.), Loan and Security Agreement (Brilliant Earth Group, Inc.)

Protective Payments. If Borrower fails to obtain the insurance called for by Section 6.5 6.7 or fails to pay any premium thereon or fails to pay any other amount which Borrower is obligated to pay under this Agreement or any other Loan Document or which may be required to preserve the Collateral, Agent may obtain such insurance or make such payment, and all amounts so paid by Agent are Lenders’ Lender Expenses and immediately due and payable, bearing interest at the then highest rate applicable to the Obligations, and secured by the Collateral. Agent will make reasonable efforts to provide Borrower with notice of Agent obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Agent are deemed an agreement to make similar payments in the future or Agent’s and/or or and Lender’s waiver of any Event of Default.

Appears in 3 contracts

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

Protective Payments. If Borrower fails to obtain the insurance called for by Section 6.5 or fails to pay any premium thereon or fails to pay any other amount which Borrower is obligated to pay under this Agreement or any other Loan Document or which may be required to preserve the Collateral, Agent may obtain such insurance or make such payment, and all amounts so paid by Agent are Lenders’ Expenses and immediately due and payable, bearing interest at the then highest rate applicable to the Obligations, and secured by the Collateral. Agent will make reasonable efforts to provide Borrower with notice of Agent obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Agent are deemed an agreement to make similar payments in the future or Agent’s and/or Lender’s Lenders’ waiver of any Event of Default.

Appears in 3 contracts

Samples: Mezzanine Loan and Security Agreement (Grove Collaborative Holdings, Inc.), Loan and Security Agreement (Social Capital Suvretta Holdings Corp. I), Loan and Security Agreement (Social Capital Suvretta Holdings Corp. I)

Protective Payments. If Borrower fails to obtain the insurance called for by Section 6.5 5.6 or fails to pay any premium thereon or fails to pay any other amount which Borrower is obligated to pay under this Agreement or any other Loan Document or which may be required to preserve the Collateral, Agent may obtain such insurance or make such payment, and all amounts so paid by Agent are Lenders’ Expenses and immediately due and payable, bearing interest at the then highest rate applicable to the Obligations, and secured by the Collateral. Agent will make reasonable efforts to provide Borrower with notice of Agent obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Agent are deemed an agreement to make similar payments in the future or Agent’s and/or or any Lender’s waiver of any Event of Default.

Appears in 3 contracts

Samples: Loan and Security Agreement (AVROBIO, Inc.), Loan and Security Agreement (Inmune Bio, Inc.), Loan and Security Agreement (MedAvail Holdings, Inc.)

Protective Payments. If Borrower fails to obtain the insurance called for by Section 6.5 or fails to pay any premium thereon or fails to pay any other amount which Borrower is obligated to pay under this Agreement or any other Loan Document or which may be required to preserve the Collateral, Agent may obtain such insurance or make such payment, and all amounts so paid by Agent are Lenders’ Expenses and immediately due and payable, bearing interest at the then highest rate applicable to the Obligations, and secured by the Collateral. Agent will make reasonable efforts to provide Borrower with notice of Agent obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Agent are deemed an agreement to make similar payments in the future or Agent’s and/or Lender’s or and Lenders’ waiver of any Event of Default.

Appears in 3 contracts

Samples: Mezzanine Loan and Security Agreement (Velo3D, Inc.), Loan and Security Agreement (Taysha Gene Therapies, Inc.), Loan and Security Agreement (Axonics, Inc.)

Protective Payments. If Borrower fails to obtain the insurance called for by Section 6.5 or fails to pay any premium thereon or fails to pay any other amount which Borrower is obligated to pay under this Agreement or any other Loan Document or which may be required to preserve the Collateral, Agent may obtain such insurance or make such payment, and all amounts so paid by Agent are Lenders’ Lender Expenses and immediately due and payable, bearing interest at the then highest rate applicable to the Obligations, and secured by the Collateral. Agent will make reasonable efforts to provide Borrower with notice of Agent obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Agent are deemed an agreement to make similar payments in the future or Agent’s and/or or and Lender’s waiver of any Event of Default.

Appears in 2 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement (Avalara Inc)

Protective Payments. If Borrower fails to obtain the insurance called for by Section 6.5 5.6 or fails to pay any premium thereon or fails to pay any other amount which Borrower is obligated to pay under this Agreement or any other Loan Document or which may be required to preserve the Collateral, Agent may obtain such insurance or make such payment, and all amounts so paid by Agent are Lenders’ Expenses and immediately due and payable, bearing interest at the then highest rate applicable to the Obligations, and secured by the Collateral. Agent will make reasonable efforts to provide Borrower with notice of Agent obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Agent are deemed an agreement to make similar payments in the future or Agent’s and/or Lender’s or and Lenders’ waiver of any Event of Default.

Appears in 2 contracts

Samples: Loan and Security Agreement (Liquidia Corp), Contingent Convertible Debt Agreement (Achieve Life Sciences, Inc.)

Protective Payments. If Borrower fails to obtain the insurance called for by Section 6.5 or fails to pay any premium thereon or fails to pay any other amount which Borrower is obligated to pay under this Agreement or any other Loan Document or which may be required to preserve the CollateralDocument, Agent and/or Lenders may obtain such insurance or make such payment, and all amounts so paid by Agent and/or Lenders are Lenders’ Expenses and immediately due and payable, bearing interest at the then highest rate applicable to the ObligationsDefault Rate, and secured by the Collateral. Agent will make reasonable efforts to provide Borrower with notice of Agent and/or Lenders obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Agent or Lenders are deemed an agreement to make similar payments in the future or Agent’s and/or Lender’s or Lenders’ waiver of any Event of Default.

Appears in 2 contracts

Samples: Loan and Security Agreement (GAIN Capital Holdings, Inc.), Loan and Security Agreement (GAIN Capital Holdings, Inc.)

Protective Payments. If any Borrower fails to obtain the insurance called for by Section 6.5 or fails to pay any premium thereon or fails to pay any other amount which any Borrower is obligated to pay under this Agreement or any other Loan Document or which may be required to preserve Document, the Collateral, Agent may obtain such insurance or make such payment, and all amounts so paid by the Agent are Lenders’ Agent Expenses and immediately due and payable, bearing interest at the then highest rate applicable to the Obligations, and secured by the Collateral. The Agent will make reasonable efforts to provide Borrower Borrowers with notice of the Agent obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by the Agent are deemed an agreement to make similar payments in the future or the Agent’s and/or Lender’s waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (EnergyConnect Group Inc)

Protective Payments. If Borrower fails to obtain the insurance called for by Section 6.5 5.8 or fails to pay any premium thereon or fails to pay any other amount which Borrower is obligated to pay under this Agreement or any other Loan Document or which may be required to preserve the Collateral, Agent may obtain such insurance or make such payment, and all amounts so paid by Agent are Lenders’ Expenses and immediately due and payable, bearing interest at the then highest rate applicable to the Obligations, and secured by the Collateral. Agent will make reasonable efforts to provide Borrower with notice of Agent obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Agent are deemed an agreement to make similar payments in the future or Agent’s and/or Lender’s waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Atlas Crest Investment Corp.)

Protective Payments. If a Borrower fails to obtain the insurance called for by Section 6.5 or fails to pay any premium thereon or fails to pay any other amount which such Borrower is obligated to pay under this Agreement or any other Loan Document or which may be required to preserve the Collateral, Agent may obtain such insurance or make such payment, and all amounts so paid by Agent are Lenders’ Lender Expenses and immediately due and payable, bearing interest at the then highest rate applicable to the Obligations, and secured by the Collateral. Agent will make reasonable efforts to provide Borrower Representative with notice of Agent obtaining such insurance at prior to the time it is obtained or within a reasonable time thereafter. No payments by Agent are deemed an agreement to make similar payments in the future or Agent’s and/or Lender’s waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Colonnade Acquisition Corp.)

Protective Payments. If Borrower fails to obtain the insurance called for by Section 6.5 or fails to pay any premium thereon or fails to pay any other amount which Borrower is obligated to pay under this Agreement or any other Loan Document or which may be required to preserve the Collateral, Agent may obtain such insurance or make such payment, and all amounts so paid by Agent are Lenders’ Expenses and immediately due and payable, bearing interest at the then highest rate applicable to the Obligations, and secured by the Collateral. Agent will make reasonable efforts to provide Borrower with notice of Agent obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Agent are deemed an agreement to make similar payments in the future or Agent’s and/or Lender’s or and Lxxxxxx’ waiver of any Event of Default.

Appears in 1 contract

Samples: Credit and Security Agreement (ScanTech AI Systems Inc.)

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Protective Payments. If the Borrower fails to obtain the insurance called for by Section 6.5 or fails to pay any premium thereon or fails to pay any other amount which the Borrower is obligated to pay under this Agreement or any other Loan Document or which may be required to preserve Document, the Collateral, Agent may obtain such insurance or make such payment, and all amounts so paid by the Agent are Lenders’ Lender Expenses and immediately due and payable, bearing interest at the then highest rate applicable to the Obligations, and secured by the Collateral. The Agent will make reasonable efforts to provide the Borrower with notice of Agent the Agent’s obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by the Agent are deemed an agreement to make similar payments in the future or Agent’s and/or any Lender’s waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Novelion Therapeutics Inc.)

Protective Payments. If Borrower fails to obtain the insurance called for by Section 6.5 or fails to pay any premium thereon or fails to pay any other amount which Borrower is obligated to pay under this Agreement or any other Loan Document or which may be required to preserve the Collateral, Agent may obtain such insurance or make such payment, and all amounts so paid by Agent are Lenders’ Expenses and immediately due and payable, bearing interest at the then highest rate applicable to the Obligations, and secured by the Collateral. Agent will make reasonable efforts to provide Borrower with notice of Agent obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Agent are deemed an agreement to make similar payments in the future or Agent’s and/or Lender’s or and Lenders’ waiver of any Event of Default.. 224419752 v2

Appears in 1 contract

Samples: Mezzanine Loan and Security Agreement (Verrica Pharmaceuticals Inc.)

Protective Payments. If Borrower any Obligor fails to obtain the insurance called for by Section 6.5 6.7 or fails to pay any premium thereon or fails to pay any other amount which Borrower an Obligor is obligated to pay under this Agreement or any other Loan Document or which may be required to preserve the Collateral, Agent may obtain such insurance or make such payment, and all amounts so paid by Agent are Lenders’ Agent and Lender Expenses and immediately due and payable, bearing interest at the then highest rate applicable to the Obligations, and secured by the Collateral. Agent will make reasonable efforts to provide Borrower such Obligor with notice of Agent obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Agent are deemed an agreement to make similar payments in the future or Agent’s and/or Lender’s waiver of any Event of Default.

Appears in 1 contract

Samples: Loan Agreement (Luna Innovations Inc)

Protective Payments. If Borrower fails to obtain the insurance called for by Section 6.5 5.6 or fails to pay any premium thereon or fails to pay any other amount which Borrower is obligated to pay under this Agreement or any other Loan Document or which may be required to preserve the Collateral, Agent may obtain such insurance or make such payment, and all amounts so paid by Agent are Lenders’ Expenses and immediately due and payable, bearing interest at the then highest rate applicable to the Obligations, and secured by the Collateral. Agent will make reasonable efforts to provide Borrower with notice of Agent obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Agent are deemed an agreement to make similar payments in the future or Agent’s and/or Lender’s or and Lxxxxxx’ waiver of any Event of Default.

Appears in 1 contract

Samples: Contingent Convertible Debt Agreement (Achieve Life Sciences, Inc.)

Protective Payments. If Borrower fails to obtain the insurance called for by Section 6.5 or fails to pay any premium thereon or fails to pay any other amount which Borrower is obligated to pay under this Agreement or any other Loan Document or which may be required to preserve the Collateral, Agent may obtain such insurance or make such payment, and all amounts so paid by Agent are Lenders’ Expenses and immediately due and payable, bearing interest at the then highest rate applicable to the Obligations, and secured by the Collateral. Agent will make reasonable efforts to provide Borrower with notice of Agent obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Agent are deemed an agreement to make similar payments in the future or Agent’s and/or or and Lender’s waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Eloxx Pharmaceuticals, Inc.)

Protective Payments. If Borrower fails to obtain the insurance called for by Section 6.5 5.5 or fails to pay any premium thereon or fails to pay any other amount which Borrower is obligated to pay under this Agreement or any other Loan Document or which may be required to preserve the Collateral, Agent may obtain such insurance or make such payment, and all amounts so paid by Agent are Lenders’ Expenses and immediately due and payable, bearing interest at the then highest rate applicable to the Obligations, and secured by the Collateral. Agent will make reasonable efforts to provide Borrower with notice of Agent obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Agent are deemed an agreement to make similar payments in the future or Agent’s and/or or any Lender’s waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Ziopharm Oncology Inc)

Protective Payments. If Borrower fails to obtain the insurance called for by Section 6.5 or fails to pay any premium thereon or fails to pay any other amount which Borrower is obligated to pay under this Agreement or any other Loan Document or which may be required to preserve the Collateral, Agent may obtain such insurance or make such payment, and all amounts so paid by Agent are Lenders’ Expenses and immediately due and payable, bearing interest at the then highest rate applicable to the Obligations, and secured by the Collateral. Agent will make reasonable efforts to provide Borrower with notice of Agent obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Agent are deemed an agreement to make similar payments in the future or Agent’s and/or or Lender’s waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Alx Oncology Holdings Inc)

Protective Payments. If Borrower fails to timely obtain the insurance called for by Section 6.5 6.7 or fails to timely pay any premium thereon or fails to pay any other amount which Borrower is obligated to pay under this Agreement or any other Loan Document or which may be required to preserve the Collateral, Agent may obtain such insurance or make such payment, and all amounts so paid by Agent are Lenders’ Expenses and immediately due and payable, bearing interest at the then highest rate applicable to the Obligations, and secured by the Collateral. Agent will make reasonable efforts to provide Borrower with notice of Agent obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Agent are deemed an agreement to make similar payments in the future or Agent’s and/or Lender’s waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Rocket Lab USA, Inc.)

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