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, Lender may obtain such insurance or make such payment, and all amounts so paid by Lender are Lender Expenses and immediately due and payable, bearing interest at the then highest applicable rate, and secured by the Collateral. Lender will make reasonable efforts to provide Borrower with notice of Lender obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Lender are deemed an agreement to make similar payments in the future or Lender’s waiver of any Event of Default.
Appears in 4 contracts
Samples: Loan and Security Agreement (Bluearc Corp), Loan and Security Agreement (Cerus Corp), Loan and Security Agreement (Omeros 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, Lender may obtain such insurance or make such payment, and all amounts so paid by Lender are Lender Lender’s Expenses and immediately due and payable, bearing interest at the then highest applicable rate, and secured by the Collateral. Lender will make reasonable efforts to provide Borrower with notice of Lender obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Lender are deemed an agreement to make similar payments in the future or Lender’s waiver of any Event of Default.
Appears in 4 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (Complete Genomics Inc), Loan and Security Agreement (ARYx Therapeutics, Inc.)
Protective Payments. If Borrower fails to obtain the insurance called for by Section 6.5 6.4 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, Lender may obtain such insurance or make such payment, and all amounts so paid by Lender are Lender Expenses and immediately due and payable, bearing interest at the then highest rate applicable rateto the Obligations, and secured by the Collateral. Lender will make reasonable efforts to provide Borrower with notice of Lender obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Lender are deemed an agreement to make similar payments in the future or Lender’s waiver of any Event of Default.
Appears in 3 contracts
Samples: Mezzanine Loan and Security Agreement, Mezzanine Loan and Security Agreement (Impinj Inc), Mezzanine Loan and Security Agreement (Impinj 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, Lender may obtain such insurance or make such payment, and all amounts so paid by Lender are Lender Expenses and immediately due and payable, bearing interest at the then highest rate applicable rateto the Obligations, and secured by the Collateral. Lender will make reasonable efforts to provide Borrower with notice of Lender obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Lender are deemed an agreement to make similar payments in the future or Lender’s waiver of any Event of Default.
Appears in 3 contracts
Samples: Loan and Security Agreement (Novelion Therapeutics Inc.), Loan and Security Agreement (Channeladvisor Corp), Loan and Security Agreement (Channeladvisor 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, Lender may obtain such insurance or make such payment, and all amounts so paid by Lender are Lender Expenses and immediately due and payable, bearing interest at the then highest rate applicable rateto the Obligations, and secured by the Collateral. Lender will make reasonable efforts to provide Borrower with notice of Lender obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Lender are deemed an agreement to make similar payments in the future or Lender’s waiver of any Event of Default.
Appears in 3 contracts
Samples: Loan and Security Agreement (Novocure LTD), Loan and Security Agreement (Merrimack Pharmaceuticals Inc), Loan and Security Agreement (Novocure LTD)
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 timely pay any other amount which Borrower is obligated to timely pay under this Agreement or any other Loan Document, Lender Bank may obtain such insurance or make such payment, and all amounts so paid by Lender Bank are Lender Bank Expenses and immediately due and payable, bearing interest at the then highest applicable raterate charged by Bank, and secured by the Collateral. Lender Bank will make reasonable efforts to provide Borrower with notice of Lender Bank obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Lender Bank are deemed an agreement to make similar payments in the future or LenderBank’s waiver of any Event of Default.
Appears in 2 contracts
Samples: Loan and Security Agreement (Enernoc Inc), Loan and Security Agreement (Enernoc 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, Lender may obtain such insurance or make such payment, and all amounts so paid by Lender are Lender Expenses and immediately due and payable, bearing interest at the then highest applicable rateDefault Rate, and secured by the Collateral. Lender will make reasonable efforts to provide Borrower with notice of Lender obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Lender are deemed an agreement to make similar payments in the future or Lender’s waiver of any Event of Default.
Appears in 2 contracts
Samples: Loan and Security Agreement (Titan Pharmaceuticals Inc), Loan and Security Agreement (Titan Pharmaceuticals Inc)
Protective Payments. If Borrower fails to obtain the insurance called for by Section 6.5 or fails to pay any premium thereon when due or fails to pay any other amount which Borrower is obligated to pay under this Agreement or any other Loan DocumentDocument when due, Lender Bank may obtain such insurance or make such payment, and all amounts so paid by Lender Bank are Lender Bank Expenses and immediately due and payable, bearing interest at the then highest rate applicable rateto the Obligations, and secured by the Collateral. Lender Bank will make reasonable efforts to provide Borrower with notice of Lender Bank obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Lender Bank are deemed an agreement to make similar payments in the future or LenderBank’s waiver of any Event of Default.
Appears in 2 contracts
Samples: Loan and Security Agreement (Zendesk, Inc.), Loan and Security Agreement (Zendesk, Inc.)
Protective Payments. If Borrower fails to obtain the insurance called for by Section 6.5 6.6 of this Agreement 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, Lender Bank may obtain such insurance or make such payment, and all amounts so paid by Lender Bank are Lender Bank Expenses and immediately due and payable, bearing interest at the then highest rate applicable rateto the Obligations, and secured by the Collateral. Lender Bank will make reasonable efforts to provide Borrower with notice of Lender Bank obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Lender Bank are deemed an agreement to make similar payments in the future or LenderBank’s waiver of any Event of Default.
Appears in 2 contracts
Samples: Loan and Security Agreement (Lightpath Technologies Inc), Loan and Security Agreement (Lightpath Technologies Inc)
Protective Payments. If Borrower fails to obtain the insurance called for by Section 6.5 5.4 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, Lender may obtain such insurance or make such payment, and all amounts so paid by Lender are Lender Expenses and immediately due and payable, bearing interest at the then highest rate applicable rateto the Obligations, and secured by the Collateral. Lender will make reasonable efforts to provide Borrower with notice of Lender obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Lender are deemed an agreement to make similar payments in the future or Lender’s waiver of any Event of Default.
Appears in 1 contract
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, Lender may obtain such insurance or make such payment, and all amounts so paid by Lender are Lender Lender’s Expenses and immediately due and payable, bearing interest at the then highest applicable rateDefault Rate, and secured by the Collateral. Lender will make reasonable efforts to provide Borrower with notice of Lender obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Lender are deemed an agreement to make similar payments in the future or Lender’s waiver of any Event of Default.
Appears in 1 contract
Samples: Loan and Security Agreement (GAIN Capital Holdings, Inc.)
Protective Payments. If Borrower fails to obtain the insurance called for by Section 6.5 or fails to pay any premium thereon within five (5) Business Days or fails to pay any other amount which Borrower is obligated to pay under this Agreement or any other Loan Document, Lender may obtain such insurance or make such payment, and all amounts so paid by Lender are Lender Expenses and immediately due and payable, bearing interest at the then highest rate applicable rateto the Obligations, and secured by the Collateral. Lender will make reasonable efforts to provide Borrower with notice of Lender obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Lender are deemed an agreement to make similar payments in the future or Lender’s waiver of any Event of Default.
Appears in 1 contract
Samples: Loan and Security Agreement (Ikanos Communications, Inc.)
Protective Payments. If Borrower fails to obtain the insurance called for by Section 6.5 or fails to pay any premium thereon within five (5) Business Days or fails fail to pay any other amount which Borrower is obligated to pay under this Agreement or any other Loan Document, Lender Bank may obtain such insurance or make such payment, and all amounts so paid by Lender Bank are Lender Bank Expenses and immediately due and payable, bearing interest at the then highest rate applicable rateto the Obligations, and secured by the Collateral. Lender Bank will make reasonable efforts to provide Borrower with notice of Lender Bank obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Lender Bank are deemed an agreement to make similar payments in the future or LenderBank’s waiver of any Event of Default.
Appears in 1 contract
Samples: Loan and Security Agreement (Ikanos Communications, 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, Lender may obtain such insurance or make such payment, and all amounts so paid by Lender are Lender Lender's Expenses and immediately due and payable, bearing interest at the then highest applicable rate, and secured by the Collateral. Lender will make reasonable efforts to provide Borrower with notice of Lender obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Lender are deemed an agreement to make similar payments in the future or Lender’s 's waiver of any Event of Default.
Appears in 1 contract
Samples: Loan and Security Agreement (Metabasis Therapeutics Inc)
Protective Payments. If Borrower fails to obtain the insurance called for by Section 6.5 8.8 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 DocumentDocument or which may be required to preserve the Collateral, the Lender may obtain such insurance or make such payment, and all amounts so paid by Lender are the Lender Expenses and immediately due and payable, bearing interest at the then highest applicable rate, and secured by the CollateralDefault Interest Rate. The Lender will make reasonable efforts to provide Borrower with notice of the Lender obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by the Lender are deemed an agreement to make similar payments in the future or the Lender’s waiver of any Event of Default.
Appears in 1 contract
Samples: Loan Agreement
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, Lender Lenders may obtain such insurance or make such payment, and all amounts so paid by Lender Lenders are Lender Lenders Expenses and immediately due and payable, bearing interest at the then highest applicable rate, and secured by the Collateral. Lender Lenders will make reasonable efforts to provide Borrower with notice of Lender Lenders obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Lender Lenders are deemed an agreement to make similar payments in the future or Lender’s Lenders’ waiver of any Event of Default.
Appears in 1 contract
Samples: Loan and Security Agreement (MAP Pharmaceuticals, 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, Lender Lenders may obtain such insurance or make such payment, and all amounts so paid by Lender Lenders are Lender Lenders Expenses and immediately due and payable, bearing interest at the then highest applicable rate, and secured by the Collateral. Lender Lenders will make reasonable efforts to provide Borrower with notice of Lender Lenders obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Lender Lenders are deemed an agreement to make similar payments in the future or Lender’s Lenders’ waiver of any Event of Default.
Appears in 1 contract
Samples: Loan and Security Agreement (Zonare Medical Systems 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, Lender may obtain such insurance or make such payment, and all amounts so paid by Lender are Lender Expenses and immediately due and payable, bearing interest at the then highest rate applicable rateto the Obligations, and secured by the Collateral. Lender will make reasonable efforts to provide Borrower with notice of Lender obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Lender are deemed an agreement to make similar payments in the future or Lender’s waiver of any Event of Default.
Appears in 1 contract
Samples: Loan and Security Agreement (Real Goods Solar, Inc.)
Protective Payments. If Borrower fails to obtain the insurance called for by Section 6.5 6.4 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, Lender may obtain such insurance or make such payment, and all amounts so paid by Lender are Lender Expenses and immediately due and payable, bearing interest at the then highest applicable rate, and secured by the Collateral. Lender will make reasonable efforts to provide Borrower with notice of Lender obtaining such insurance at the time it is obtained or within a reasonable time thereafter. No payments by Lender are deemed an agreement to make similar payments in the future or Lender’s waiver of any Event of Default.
Appears in 1 contract
Samples: Loan and Security Agreement (Energy Recovery, Inc.)