Return of Payments. (i) If Collateral Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Collateral Agent or on behalf of from Borrower and such related payment is not received by Collateral Agent, then Collateral Agent will be entitled to recover such amount (including interest accruing on such amount at the rate otherwise applicable to such Obligation) from such Lender on demand without setoff, counterclaim or deduction of any kind. (ii) If Collateral Agent determines at any time that any amount received by Collateral Agent under any Loan Document must be returned to Borrower or paid to any other Person pursuant to any insolvency law or otherwise, then, notwithstanding any other term or condition of any Loan Document, Collateral Agent will not be required to distribute any portion thereof to any Lender. In addition, each Lender will repay to Collateral Agent on demand any portion of such amount that Collateral Agent has distributed to such Lender, together with interest at such rate, if any, as Collateral Agent is required to pay to Borrower or such other Person, without setoff, counterclaim or deduction of any kind and Collateral Agent will be entitled to set off against future distributions to such Lender any such amounts (with interest) that are not repaid on demand.
Appears in 24 contracts
Samples: Loan and Security Agreement (Neuronetics, Inc.), Loan and Security Agreement (Alimera Sciences Inc), Loan and Security Agreement (Alimera Sciences Inc)
Return of Payments. (i) If Collateral Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Collateral Agent or on behalf of from Borrower and such related payment is not received by Collateral Agent, then Collateral Agent will be entitled to recover such amount (including interest accruing on such amount at the rate otherwise applicable to such Obligation) from such Lender on demand without setoff, counterclaim or deduction of any kind.
(ii) If Collateral Agent determines at any time that any amount received by Collateral Agent under any Loan Document must be returned to Borrower or paid to any other Person pursuant to any insolvency law or otherwise, then, notwithstanding any other term or condition of any Loan Document, Collateral Agent will not be required to distribute any portion thereof to any Lender. In addition, each Lender will repay to Collateral Agent on demand any portion of such amount that Collateral Agent has distributed to such Lender, together with interest at such rate, if any, as Collateral Agent is required to pay to Borrower or such other Person, without setoff, counterclaim or deduction of any kind and Collateral Agent will be entitled to set off against future distributions to such Lender any such amounts (with interest) that are not repaid on demand.
Appears in 17 contracts
Samples: Loan and Security Agreement (MDxHealth SA), Loan and Security Agreement (CVRx, Inc.), Loan and Security Agreement (Eiger BioPharmaceuticals, Inc.)
Return of Payments. (i) If Collateral Applicable Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Collateral Applicable Agent or on behalf of from the Borrower and such related payment is not received by Collateral Applicable Agent, then Collateral Applicable Agent will be entitled to recover such amount (including interest accruing on such amount at the rate otherwise applicable to such Obligation) from such Lender on demand without setoff, counterclaim or deduction of any kind.
(ii) If Collateral Applicable Agent determines at any time that any amount received by Collateral Applicable Agent under this Agreement or any other Loan Document must be returned to Borrower any Credit Party or paid to any other Person pursuant to any insolvency law or otherwise, then, notwithstanding any other term or condition of this Agreement or any other Loan Document, Collateral Applicable Agent will not be required to distribute any portion thereof to any Lender. In addition, each Lender will repay to Collateral Applicable Agent on demand any portion of such amount that Collateral Applicable Agent has distributed to such Lender, together with interest at such rate, if any, as Collateral Applicable Agent is required to pay to the Borrower or such other Person, without setoff, counterclaim or deduction of any kind kind, and Collateral Applicable Agent will be entitled to set set-off against future distributions to such Lender any such amounts (with interest) that are not repaid on demand.
Appears in 10 contracts
Samples: Credit Agreement (SelectQuote, Inc.), Credit Agreement (SelectQuote, Inc.), Credit Agreement (SelectQuote, Inc.)
Return of Payments. (i) If Collateral the Term Agent pays an amount to a Term Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Collateral the Term Agent or on behalf of from Borrower the Borrowers and such related payment is not received by Collateral the Term Agent, then Collateral the Term Agent will be entitled to recover such amount (including interest accruing on such amount at the rate otherwise applicable to such Obligation) from such Term Lender on demand without setoff, counterclaim or deduction of any kind.
(ii) If Collateral the Term Agent determines at any time that any amount received by Collateral the Term Agent under this Agreement or any other Loan Document must be returned to any Borrower or paid to any other Person pursuant to any insolvency law or otherwise, then, notwithstanding any other term or condition of this Agreement or any other Loan Document, Collateral the Term Agent will not be required to distribute any portion thereof to any Term Lender. In addition, each Term Lender will repay to Collateral the Term Agent on demand any portion of such amount that Collateral the Term Agent has distributed to such Term Lender, together with interest at such rate, if any, as Collateral the Term Agent is required to pay to Borrower the Borrowers or such other Person, without setoff, counterclaim or deduction of any kind kind, and Collateral the Term Agent will be entitled to set set-off against future distributions to such Term Lender any such amounts (with interest) that are not repaid on demand.
Appears in 7 contracts
Samples: Credit Agreement (Mediaco Holding Inc.), Second Lien Term Loan Agreement (Mediaco Holding Inc.), Term Loan Agreement (Mediaco Holding Inc.)
Return of Payments. (i) If Collateral Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Collateral Agent from, or on behalf of from of, Borrower or any other Loan Party and such related payment is not received by Collateral Agent, then Collateral Agent will be entitled to recover such amount (including interest accruing on such amount at the rate otherwise applicable to such Obligation) from such Lender on demand without setoff, counterclaim or deduction of any kind.
(ii) If Collateral Agent determines at any time that any amount received by Collateral Agent under any Loan Document must be returned to Borrower or any other Loan Party or paid to any other Person pursuant to any insolvency law or otherwise, then, notwithstanding any other term or condition of any Loan Document, Collateral Agent will not be required to distribute any portion thereof to any Lender. In addition, each Lender will repay to Collateral Agent on demand any portion of such amount that Collateral Agent has distributed to such Lender, together with interest at such rate, if any, as Collateral Agent is required to pay to Borrower or any other Loan Party or such other Person, without setoff, counterclaim or deduction of any kind and Collateral Agent will be entitled to set off against future distributions to such Lender any such amounts (with interest) that are not repaid on demand.
Appears in 4 contracts
Samples: Loan and Security Agreement (Vapotherm Inc), Loan and Security Agreement (Vapotherm Inc), Loan and Security Agreement (Vapotherm Inc)
Return of Payments. (i) If Collateral Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Collateral Agent or on behalf of from Borrower any Loan Party and such related payment is not received by Collateral Agent, then Collateral Agent will be entitled to recover such amount (including interest accruing on such amount at the rate otherwise applicable to such Obligation) from such Lender on demand without setoff, counterclaim or deduction of any kind.
(ii) If Collateral Agent determines at any time that any amount received by Collateral Agent under any Loan Document must be returned to Borrower any Loan Party or paid to any other Person pursuant to any insolvency law or otherwise, then, notwithstanding any other term or condition of any Loan Document, Collateral Agent will not be required to distribute any portion thereof to any Lender. In addition, each Lender will repay to Collateral Agent on demand any portion of such amount that Collateral Agent has distributed to such Lender, together with interest at such rate, if any, as Collateral Agent is required to pay to Borrower any Loan Party or such other Person, without setoff, counterclaim or deduction of any kind and Collateral Agent will be entitled to set off against future distributions to such Lender any such amounts (with interest) that are not repaid on demand.
Appears in 3 contracts
Samples: Loan and Security Agreement (Rapid Micro Biosystems, Inc.), Loan and Security Agreement (Rapid Micro Biosystems, Inc.), Loan and Security Agreement (Apollo Endosurgery, Inc.)
Return of Payments. (i) If Collateral any Agent or Fronting Lender pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Collateral such Agent or on behalf of Fronting Lender from Borrower Borrowers and such related payment is not received by Collateral Agentsuch Agent or Fronting Lender, then Collateral such Agent or Fronting Lender will be entitled to recover such amount (including interest accruing on such amount at the rate otherwise applicable to such Obligation) from such Lender on demand without setoff, counterclaim or deduction of any kind.
(ii) If Collateral any Agent or Fronting Lender determines at any time that any amount received by Collateral such Agent or Fronting Lender under any Loan Document this Agreement must be returned to any Borrower or paid to any other Person pursuant to any insolvency law or otherwise, then, notwithstanding any other term or condition of this Agreement or any other Loan Document, Collateral such Agent or Fronting Lender will not be required to distribute any portion thereof to any Lender. In addition, each Lender will repay to Collateral each Agent or Fronting Lender on demand any portion of such amount that Collateral such Agent or Fronting Lender has distributed to such Lender, together with interest at such rate, if any, as Collateral such Agent or Fronting Lender is required to pay to any Borrower or such other Person, without setoff, counterclaim or deduction of any kind and Collateral Agent will be entitled to set off against future distributions to such Lender any such amounts (with interest) that are not repaid on demandkind.
Appears in 1 contract
Samples: Credit Agreement (Fibermark Inc)
Return of Payments. (i) If Collateral Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Collateral Agent or on behalf of from Borrower and such related payment is not received by Collateral Agent, then Collateral Agent will be entitled to recover such amount (including interest accruing on such amount at the rate otherwise β US-DOCS\149068676.3 β applicable to such Obligation) from such Lender on demand without setoff, counterclaim or deduction of any kind.
(ii) If Collateral Agent determines at any time that any amount received by Collateral Agent under any Loan Document must be returned to Borrower or paid to any other Person pursuant to any insolvency law or otherwise, then, notwithstanding any other term or condition of any Loan Document, Collateral Agent will not be required to distribute any portion thereof to any Lender. In addition, each Lender will repay to Collateral Agent on demand any portion of such amount that Collateral Agent has distributed to such Lender, together with interest at such rate, if any, as Collateral Agent is required to pay to Borrower or such other Person, without setoff, counterclaim or deduction of any kind and Collateral Agent will be entitled to set off against future distributions to such Lender any such amounts (with interest) that are not repaid on demand.
Appears in 1 contract
Return of Payments. (i) If Collateral the Term Agent pays an amount to a Term Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Collateral the Term Agent or on behalf of from Borrower the Borrowers and such related payment is not received by Collateral the Term Agent, then Collateral the Term Agent will be entitled to recover such amount (including interest accruing on such amount at the rate otherwise applicable to such Obligation) from such Term Lender on demand without setoff, counterclaim or deduction of any kind.
(ii) If Collateral the Term Agent determines at any time that any amount received by Collateral the Term Agent under this Agreement or any other Loan Document must be returned to Borrower any Credit Party or paid to any other Person pursuant to any insolvency law or otherwise, then, notwithstanding any other term or condition of this Agreement or any other Loan Document, Collateral the Term Agent will not be required to distribute any portion thereof to any Term Lender. In addition, each Term Lender will repay to Collateral the Term Agent on demand any portion of such amount that Collateral the Term Agent has distributed to such Term Lender, together with interest at such rate, if any, as Collateral the Term Agent is required to pay to Borrower the Borrowers or such other Person, without setoff, counterclaim or deduction of any kind kind, and Collateral the Term Agent will be entitled to set set-off against future distributions to such Term Lender any such amounts (with interest) that are not repaid on demand.
Appears in 1 contract
Return of Payments. (i) If Collateral the Term Agent pays an amount to a Term Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Collateral the Term Agent or on behalf of from Borrower the Borrowers and such related payment is not received by Collateral the Term Agent, then Collateral the Term Agent will be entitled to recover such amount (including interest accruing on such amount at the rate otherwise applicable to such Obligation) from such Term Lender on demand without setoff, counterclaim or deduction of any kind.
(ii) If Collateral the Term Agent determines at any time that any amount received by Collateral the Term Agent under this Agreement or any other Loan Document must be returned to Borrower any Credit Party or paid to any other Person pursuant to any insolvency law or otherwise, then, notwithstanding any other term or condition of this Agreement or any other Loan Document, Collateral the Term Agent will not be required to distribute any portion thereof to any Term Lender. In addition, each Term Lender will repay to Collateral the Term Agent on demand any portion of such amount that Collateral the Term Agent has distributed to such Term Lender, together with interest at such rate, if any, as Collateral the Term Agent is required to pay to any Borrower or such other Person, without setoff, counterclaim or deduction of any kind kind, and Collateral the Term Agent will be entitled to set set-off against future distributions to such Term Lender any such amounts (with interest) that are not repaid on demand.
Appears in 1 contract
Samples: Term Loan Agreement (Furniture Brands International Inc)
Return of Payments. (i) If Collateral Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Collateral Agent from or on behalf of from Borrower and such related payment is not received by Collateral Agent, then Collateral Agent will be entitled to recover such amount (including interest accruing on such amount at the rate otherwise applicable to such Obligation) from such Lender on demand without setoff, counterclaim or deduction of any kind.
(ii) If Collateral Agent Lenders determines at any time that any amount received by Collateral Agent under any Loan Document must be returned to Borrower or paid to any other Person pursuant to any insolvency law or otherwise, then, notwithstanding any other term or condition of any Loan Document, Collateral Agent will not be required to distribute any portion thereof to any Lender. In addition, each Lender will repay to Collateral Agent on demand any portion of such amount that Collateral Agent has distributed to such Lender, together with interest at such rate, if any, as Collateral Agent is required to pay to Borrower or such other Person, without setoff, counterclaim or deduction of any kind and Collateral Agent will be entitled to set off against future distributions to such Lender any such amounts (with interest) that are not repaid on demand.
Appears in 1 contract
Return of Payments. (i) If Collateral Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Collateral Agent from or on behalf of from Borrower and such related payment is not received by Collateral Agent, then Collateral Agent will be entitled to recover such amount (including interest accruing on such amount at the rate otherwise applicable to such Obligation) from such Lender on demand without setoff, counterclaim or deduction of any kind.
(ii) If Collateral Agent determines at any time that any amount received by Collateral Agent under any Loan Document must be returned to Borrower or paid to any other Person pursuant to any insolvency law or otherwise, then, notwithstanding any other term or condition of any Loan Document, Collateral Agent will not be required to distribute any portion thereof to any Lender. In addition, each Lender will repay to Collateral Agent on demand any portion of such amount that Collateral Agent has distributed to such Lender, together with interest at such rate, if any, as Collateral Agent is required to pay to Borrower or such other Person, without setoff, counterclaim or deduction of any kind and Collateral Agent will be entitled to set off against future distributions to such Lender any such amounts (with interest) that are not repaid on demand.
Appears in 1 contract
Return of Payments. (i) If Collateral Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Collateral Agent or on behalf of from Borrower a Loan Party and such related payment is not received by Collateral Agent, then Collateral Agent will be entitled to recover such amount (including interest accruing on such amount at the Federal Funds Rate for the first Business Day and thereafter, at the rate otherwise applicable to such Obligation) from such Lender on demand without setoff, counterclaim or deduction of any kind.
(ii) If Collateral Agent determines at any time that any amount received by Collateral Agent under any Loan Document this Agreement must be returned to Borrower a Loan Party or paid to any other Person person pursuant to any insolvency law or otherwise, then, notwithstanding any other term or condition of this Agreement or any Loan other Debt Document, Collateral Agent will not be required to distribute any portion thereof to any Lender. In addition, each Lender will repay to Collateral Agent on demand any portion of such amount that Collateral Agent has distributed to such Lender, together with interest at such rate, if any, as Collateral Agent is [*CONFIDENTIAL TREATMENT HAS BEEN REQUESTED AS TO CERTAIN PORTIONS OF THIS DOCUMENT. EACH SUCH PORTION, WHICH HAS BEEN OMITTED HEREIN AND REPLACED WITH AN ASTERISK [***], HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.] required to pay to Borrower a Loan Party or such other Personperson, without setoff, counterclaim or deduction of any kind and Collateral Agent will be entitled to set off against future distributions to such Lender any such amounts (with interest) that are not repaid on demandkind.
Appears in 1 contract
Samples: License Agreement (MDRNA, Inc.)
Return of Payments. (i) If Collateral Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Collateral Agent or on behalf of from Borrower and such related payment is not received by Collateral Agent, then Collateral Agent will be entitled to recover such amount (including interest accruing on such amount at the rate otherwise applicable to such Obligation) from such Lender on demand without setoff, counterclaim or deduction of any kind.
(ii) If Collateral Agent determines at any time that any amount received by Collateral Agent under any Loan Document must be returned to Borrower or paid to any other Person pursuant to any insolvency law or otherwise, then, notwithstanding any other term or condition of any Loan Document, Collateral Agent will not be required to distribute any portion thereof to any Lender. In addition, each Lender will repay to Collateral Agent on demand any portion of such amount that Collateral Agent has distributed to such Lender, together with interest at such rate, if any, as Collateral Agent is required to pay to Borrower or such other Person, without setoff, counterclaim or deduction of any kind and Collateral Agent will be entitled to set off against future distributions to such Lender any such amounts (with interest) that are not repaid on demand.. I
Appears in 1 contract