Reinstatement of Rights. If Collateral Agent or any Lender shall have proceeded to enforce any right under this Agreement or any other Loan Document by foreclosure, sale, entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason or shall have been determined adversely, then and in every such case (unless otherwise ordered by a court of competent jurisdiction), Collateral Agent and Lenders shall be restored to their former position and rights hereunder with respect to the Property subject to the security interest created under this Agreement.
Appears in 13 contracts
Samples: Loan and Security Agreement (D-Wave Quantum Inc.), Venture Loan and Security Agreement (D-Wave Quantum Inc.), Venture Loan and Security Agreement (Environmental Impact Acquisition Corp)
Reinstatement of Rights. If Collateral Agent (or any a Lender with Agent’s written consent) shall have proceeded to enforce any right under this Agreement or any other Loan Document by foreclosure, sale, entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason or shall have been determined adversely, then and in every such case (unless otherwise ordered by a court of competent jurisdiction), Collateral Agent and Lenders shall be restored to their former position and rights hereunder with respect to the Property subject to the security interest created under this Agreement.
Appears in 12 contracts
Samples: Loan and Security Agreement (Vertex Energy Inc.), Loan and Security Agreement (Vertex Energy Inc.), Loan and Security Agreement (Vertex Energy Inc.)
Reinstatement of Rights. If Collateral Agent or any Lender shall have proceeded to enforce any right under this Agreement or any other Loan Document by foreclosure, sale, entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason or shall have been determined adversely, then and in every such case (unless otherwise ordered by a court of competent jurisdiction), Collateral Agent and Lenders Lender shall be restored to their former position and rights hereunder with respect to the Property subject to the security interest created under this Agreement.
Appears in 8 contracts
Samples: Venture Loan and Security Agreement (IMV Inc.), Venture Loan and Security Agreement (Castle Creek Biosciences, Inc.), Venture Loan and Security Agreement (CVRx, Inc.)
Reinstatement of Rights. If Collateral Agent or any Lender Lenders shall have proceeded to enforce any right under this Agreement or any other Loan Document by foreclosure, sale, entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason or shall have been determined adversely, then and in every such case (unless otherwise ordered by a court of competent jurisdiction), Collateral Agent and Lenders shall be restored to their former position and rights hereunder with respect to the Property subject to the security interest created under this Agreement.
Appears in 6 contracts
Samples: Term Loan and Security Agreement (Intarcia Therapeutics, Inc), Equipment Loan and Security Agreement (Renovis Inc), Equipment Loan and Security Agreement (Renovis Inc)
Reinstatement of Rights. If Collateral Agent or and any Lender shall have proceeded to enforce any right under this Agreement or any other Loan Document by foreclosure, sale, entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason or shall have been determined adversely, then and in every such case (unless otherwise ordered by a court of competent jurisdiction), Collateral Agent and Lenders any such Lender shall be restored to their its former position and rights hereunder with respect to the Property subject to the security interest created under this Agreement.
Appears in 6 contracts
Samples: Subordinated Convertible Loan Facility and Security Agreement, Subordinated Convertible Loan Facility and Security Agreement (Enphase Energy, Inc.), Subordinated Convertible Loan Facility and Security Agreement (Enphase Energy, Inc.)
Reinstatement of Rights. If Collateral Agent or any Lender and Lenders shall have proceeded to enforce any right under this Agreement or any other Loan Transaction Document by foreclosure, sale, entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason or shall have been determined adversely, then and in every such case (unless otherwise ordered by a court of competent jurisdiction), Collateral Agent and Lenders shall be restored to their former position and their rights hereunder with respect to the Property property subject to the security interest created under this AgreementAgreement shall be reinstated.
Appears in 5 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (Adaptive Insights Inc), Loan and Security Agreement (Adaptive Insights Inc)
Reinstatement of Rights. If Collateral Agent or any Lender shall have proceeded to enforce any right under this Agreement or any other Loan Document by foreclosure, sale, entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason or shall have been determined adversely, then and in every such case (unless otherwise ordered by a court of competent jurisdiction), Collateral Agent and Lenders each Lender shall be restored to their former position and rights hereunder with respect to the Property subject to the security interest created under this Agreement.
Appears in 2 contracts
Samples: Venture Loan and Security Agreement (Ceribell, Inc.), Venture Loan and Security Agreement (Ceribell, Inc.)
Reinstatement of Rights. If Collateral Agent or any Lender shall have proceeded to enforce any right under this Agreement or any other Loan Document by foreclosure, sale, entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason or shall have been determined adversely, then and in every such case (unless otherwise ordered by a court of competent jurisdiction), Collateral Agent and Lenders shall be restored to their former position and rights hereunder with respect to the Property subject to the security interest created under this Agreement.
Appears in 1 contract
Samples: Venture Loan and Security Agreement (Titan Pharmaceuticals Inc)
Reinstatement of Rights. If Collateral Agent (or any a Lender with Collateral Agent’s written consent) shall have proceeded to enforce any right under this Agreement or any other Loan Document by foreclosure, sale, entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason or shall have been determined adversely, then and in every such case (unless otherwise ordered by a court of competent jurisdiction), Collateral Agent Agents and Lenders shall be restored to their former position and rights hereunder with respect to the Property subject to the security interest created under this Agreement.
Appears in 1 contract
Samples: Equipment Loan and Security Agreement (Beyond Meat, Inc.)
Reinstatement of Rights. If Collateral Lenders or Agent or any Lender shall have proceeded to enforce any right under this Agreement or any other Loan Document by foreclosure, sale, entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason or shall have been determined adversely, then and in every such case (unless otherwise ordered by a court of competent jurisdiction), Collateral Lenders and Agent and Lenders shall be restored to their former position and rights hereunder with respect to the Property subject to the security interest interests created under this Agreement.
Appears in 1 contract
Samples: Venture Loan and Security Agreement (Sunesis Pharmaceuticals Inc)
Reinstatement of Rights. If Collateral Agent (or any a Lender with Agent’s prior written consent) shall have proceeded to enforce any right under this Agreement or any other Loan Document by foreclosure, sale, entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason or shall have been determined adversely, then and in every such case (unless otherwise ordered by a court of competent jurisdiction), Collateral Agent and Lenders shall be restored to their former position and rights hereunder with respect to the Property subject to the security interest created under this Agreement.
Appears in 1 contract
Samples: Loan and Security Agreement (Grove Collaborative Holdings, Inc.)
