Rights and Remedies. Upon the occurrence and during the continuance of an Event of Default, Bank may, at its election, without notice of its election and without demand, do any one or more of the following, all of which are authorized by Borrower:
Appears in 447 contracts
Samples: Loan and Security Agreement (Star Mountain Lower Middle-Market Capital Corp), Loan and Security Agreement (6d Bytes Inc.), Loan and Security Agreement (Precision Biosciences Inc)
Rights and Remedies. Upon the occurrence and during the continuance of an Event of Default, Bank may, at its election, without notice of its election and without demand, do any one or more of the following, all of which are authorized by BorrowerBorrowers:
Appears in 58 contracts
Samples: Loan and Security Agreement (ThredUp Inc.), Loan and Security Agreement (ThredUp Inc.), Loan and Security Agreement (Identiv, Inc.)
Rights and Remedies. Upon the occurrence and during the ------------------- continuance of an Event of Default, Bank may, at its election, without notice of its election and without demand, do any one or more of the following, all of which are authorized by Borrower:
Appears in 22 contracts
Samples: Loan Modification Agreement (Interwoven Inc), Loan and Security Agreement (Loudeye Technologies Inc), Loan and Security Agreement (Pointshare Corp)
Rights and Remedies. Upon the occurrence and during the continuance of an Event of Default, Bank may, at its election, without notice of its election and without demand, do any one or more of the following, all of which are authorized by each Borrower:
Appears in 15 contracts
Samples: Loan and Security Agreement (Interpace Biosciences, Inc.), Loan and Security Agreement (Warby Parker Inc.), Loan and Security Agreement (Taiwan Liposome Company, Ltd.)
Rights and Remedies. Upon the occurrence and during the continuance of an Event of Default, Bank may, at its election, without notice of its election and without demand, do any one or more of the following, all of which are authorized by BorrowerPledgor:
Appears in 11 contracts
Samples: Stock Pledge Agreement (Quantenna Communications Inc), Stock Pledge Agreement (Quantenna Communications Inc), Stock Pledge Agreement (Rubicon Project, Inc.)
Rights and Remedies. Upon the occurrence and during the continuance ------------------- of an Event of Default, Bank may, at its election, without notice of its election and without demand, do any one or more of the following, all of which are authorized by Borrower:
Appears in 9 contracts
Samples: Loan and Security Agreement (Silicon Gaming Inc), Loan and Security Agreement (Natural Microsystems Corp), Loan and Security Agreement (Inktomi Corp)
Rights and Remedies. Upon the occurrence and during the continuance of an Event of Default, Bank may, at its election, without notice of its election and without demand, do any one or more of the following, all of which are authorized by BorrowerDebtor:
Appears in 6 contracts
Samples: Security Agreement (Akebia Therapeutics, Inc.), Second Amended and Restated Security Agreement (Real Goods Solar, Inc.), Security Agreement (Netlist Inc)
Rights and Remedies. Upon the occurrence and during the continuance of an Event of Default, Bank may, at its election, without notice of its election and without demand, do any one or more of the following, in accordance with applicable law, all of which are authorized by Borrower:
Appears in 5 contracts
Samples: Loan and Security Agreement (Allena Pharmaceuticals, Inc.), Loan and Security Agreement (Allena Pharmaceuticals, Inc.), Loan and Security Agreement (Northern Power Systems Corp.)
Rights and Remedies. (a) Upon the occurrence and during the continuance of an Event of Default, Bank may, at its election, without notice of its election and without demand, do any one or more of the following, all of which are authorized by Borrower:
Appears in 5 contracts
Samples: Forbearance Agreement (Northern Power Systems Corp.), Forbearance Agreement (Northern Power Systems Corp.), Forbearance Agreement (Northern Power Systems Corp.)
Rights and Remedies. Upon the occurrence and during the continuance of an Event of Default, Bank may, at its election, without notice of its election and without demand, do any one or more of the followingfollowing in accordance with applicable law, all of which are authorized by Borrower:
Appears in 5 contracts
Samples: Loan and Security Agreement (Unum Therapeutics, Inc.), Loan and Security Agreement (Unum Therapeutics, Inc.), Loan and Security Agreement (Poniard Pharmaceuticals, Inc.)
Rights and Remedies. Upon the occurrence and during the continuance of an Event of Default, Bank may, at its election, without notice of its election and without demand, do any one or more of the following, all of which are authorized by Borrowerthe Loan Parties:
Appears in 4 contracts
Samples: Loan and Security Agreement (AvePoint, Inc.), Loan and Security Agreement (AvePoint, Inc.), Loan and Security Agreement (Apex Technology Acquisition Corp)
Rights and Remedies. Upon the occurrence and during the continuance of an Event of Default, Bank may, at its election, without notice of its election and without demand, do any one or more of the following, all of which are authorized by BorrowerXxxxxxxx:
Appears in 4 contracts
Samples: Loan and Security Agreement (Precision Biosciences Inc), Loan and Security Agreement (Precision Biosciences Inc), Loan and Security Agreement (Zedge, Inc.)
Rights and Remedies. Upon the occurrence and during the continuance of an Event of Default, Bank may, at its election, without notice of its election and without demand, demand (except as expressly set forth below) do any one or more of the following, all of which are authorized by Borrower:
Appears in 4 contracts
Samples: Loan and Security Agreement (EverQuote, Inc.), Loan and Security Modification Agreement, Loan and Security Modification Agreement (EverQuote, Inc.)
Rights and Remedies. Upon the occurrence and during the continuance of an Event of Default, Bank may, at its election, without notice of its election and without demand, do any one or more of the following, all of which are authorized by Borrowereach Loan Party:
Appears in 3 contracts
Samples: Loan and Security Agreement (Turnstone Biologics Corp.), Loan and Security Agreement (IsoPlexis Corp), Loan and Security Agreement (PhenomeX Inc.)
Rights and Remedies. Upon the occurrence and during the continuance of an Event of Default, Bank may, at its election, without notice of its election and without demand, do any one or more of the following, all of which are authorized by Borrower:.
Appears in 3 contracts
Samples: Loan and Security Agreement (Vista Information Solutions Inc), Loan and Security Agreement (Va Linux Systems Inc), Loan and Security Agreement (Sage Inc/Ca)
Rights and Remedies. Upon the occurrence and during the continuance of an Event of Default, Bank may, at its election, without notice of its election and without demand, do any one or more of the followingfollowing (to the extent not prohibited by applicable law), all of which are authorized by Borrower:
Appears in 3 contracts
Samples: Loan and Security Agreement (908 Devices Inc.), Loan and Security Agreement (908 Devices Inc.), Loan and Security Agreement (908 Devices Inc.)
Rights and Remedies. Upon the occurrence and during the continuance of an Event of Default, Bank may, at its election, without upon notice to the Borrower (except with respect to an Event of its election and without demandDefault under Section 11.4 to the extent set forth in Section 12.1(a)), do any one or more of the following, all of which are authorized by Borrower:
Appears in 3 contracts
Samples: Loan, Guaranty and Security Agreement (Cinedigm Corp.), Guaranty and Security Agreement (Cinedigm Corp.), Loan, Guaranty and Security Agreement (Cinedigm Corp.)
Rights and Remedies. Upon the occurrence and during the continuance of an Event of Default, Bank may, at its election, without notice of its election and without demand, do any one or more of the followingfollowing to the extent not prohibited by applicable law, all of which are authorized by Borrower:
Appears in 3 contracts
Samples: Loan and Security Agreement (Xilio Therapeutics, Inc.), Loan and Security Agreement (Xilio Therapeutics, Inc.), Loan and Security Agreement (TheRealReal, Inc.)
Rights and Remedies. Upon the occurrence occurrence, and during the continuance continuation, of an Event of Default, Default Bank may, at its election, without notice of its election and without demand, do any one or more of the following, all of which are authorized by Borrower:
Appears in 2 contracts
Samples: Loan Agreement (Ess Technology Inc), Loan and Security Agreement (California Amplifier Inc)
Rights and Remedies. Upon the occurrence and during the continuance of an Event of Default, Bank may, at its election, without prior notice (but with notice promptly after the election of the Bank to so act) of its election and without demand, do any one or more of the following, all of which are authorized by each Borrower:
Appears in 2 contracts
Samples: Loan and Security Agreement (Safeguard Scientifics Inc), Loan and Security Agreement (Safeguard Scientifics Inc)
Rights and Remedies. Upon the occurrence and during the continuance of an Event of Default, Bank may, at its election, without with notice of its election to Borrower (provided that no such notice shall be required upon the occurrence and during the continuance of an Event of Default under Section 8.5), and without demanddemand on Borrower, do any one or more of the following, all of which are authorized by Borrower:
Appears in 2 contracts
Samples: Loan and Security Agreement (Oaktree Strategic Income II, Inc.), Loan and Security Agreement (Oaktree Strategic Income II, Inc.)
Rights and Remedies. Upon the occurrence and during the continuance of an Event of Default, Bank may, at its election, without notice of its election and without demanddemand (except as required by law), do any one or more of the following, all of which are authorized by Borrower:
Appears in 2 contracts
Samples: Loan and Security Agreement (Cytosorbents Corp), Loan and Security Agreement (Cytosorbents Corp)
Rights and Remedies. Upon the occurrence and during the continuance of ------------------- an Event of Default, Bank may, at its election, without notice of its election and without demand, do any one or more of the following, all of which are authorized by Borrower:
Appears in 2 contracts
Samples: Loan and Security Agreement (Liquid Audio Inc), Loan and Security Agreement (Copper Mountain Networks Inc)
Rights and Remedies. Upon the occurrence and during the continuance of an Event of Default, Bank may, at its election, without notice of its election and without demand, do any one (1) or more of the following, all of which are authorized by Borrower:
Appears in 2 contracts
Samples: Loan and Security Agreement (Inari Medical, Inc.), Loan and Security Agreement (Inari Medical, Inc.)
Rights and Remedies. Upon the occurrence and during the continuance of an Event of Default, but subject to the Intercreditor Agreement, Bank may, at its election, without notice of its election and without demand, do any one or more of the following, all of which are authorized by Borrower:
Appears in 2 contracts
Samples: Loan and Security Agreement (Traffic.com, Inc.), Loan and Security Agreement (Traffic.com, Inc.)
Rights and Remedies. Upon the occurrence and during the continuance of an Event of Default, Bank may, at its election, without notice of its election and without demand, do any one or more of the following, all of which are authorized by Borrowerthe Borrowers:
Appears in 2 contracts
Samples: Loan and Security Agreement (Journey Medical Corp), Loan and Security Agreement (Journey Medical Corp)
Rights and Remedies. Upon the occurrence and during the continuance of an Event of Default, Bank may, at its election, without notice of its election and without demand, do any one or more of the following, all of which are authorized by BorrowerObligors:
Appears in 2 contracts
Samples: Loan and Security Agreement (Max International Inc), Loan and Security Agreement (Max International Inc)
Rights and Remedies. Upon the occurrence and during the continuance of an Event of Default, Bank may, at its election, without notice of its election and without demand, do any one or more of the following, all of which are authorized by BorrowerXxxxxxxxx:
Appears in 2 contracts
Samples: Loan and Security Agreement (Silvaco Group, Inc.), Loan and Security Agreement (Limeade, Inc)
Rights and Remedies. Upon the occurrence and during the continuance of ------------------- an Event of Default, Bank may, at its election, without notice of its election and without demand, do any one or more of the following, in accordance with applicable law, all of which are authorized by the Borrower:
Appears in 2 contracts
Samples: Loan and Security Agreement (Seachange International Inc), Loan and Security Agreement (Seachange International Inc)
Rights and Remedies. Upon the occurrence and during the continuance of an Event of Default, Bank may, at its election, without notice of its election and without demand, do any one or more of the following, all of which are authorized by Borrower:
Appears in 2 contracts
Samples: Loan Modification Agreement (T/R Systems Inc), Loan and Security Agreement (T/R Systems Inc)
Rights and Remedies. Upon the occurrence and during the continuance of an Event of Default, (after giving effect to any applicable grace or cure periods) Bank may, at its election, without notice of its election and without demand, do any one or more of the following, all of which are authorized by Borrower:
Appears in 2 contracts
Samples: Loan and Security Agreement (Versatility Inc), Loan and Security Agreement (Versatility Inc)
Rights and Remedies. Upon the occurrence and during the continuance of an Event of Default, Bank may, may at its election, elections without notice of its election and without demand, demand do any one or more of the following, all of which are authorized by each Borrower:
Appears in 1 contract
Rights and Remedies. Upon the occurrence and during the continuance of an Event of Default, any Bank may, at its election, without notice of its election and without demand, do any one or more of the following, all of which are authorized by Borrower:
Appears in 1 contract
Rights and Remedies. 8.1 Upon the occurrence and during the continuance of an Event of Default, Bank may, at its election, without notice of its election and without demand, do any one or more of the following, all of which are authorized by Borrower:
Appears in 1 contract
Samples: Loan and Security Agreement (BioNano Genomics, Inc)
Rights and Remedies. 10.1 Upon the occurrence and during the continuance of an Event of Default, Bank may, at its election, without notice of its election and without demand, do any one or more of the following, all of which are authorized by Borrower:
Appears in 1 contract
Samples: Loan and Security Agreement (BioNano Genomics, Inc)
Rights and Remedies. Upon the occurrence and during the continuance of ------------------- an Event of Default, Bank may, at its election, without notice of its election and end without demand, do any one or more of the following, all of which are authorized by Borrower:.
Appears in 1 contract
Samples: Loan and Security Agreement (Esperion Therapeutics Inc/Mi)
Rights and Remedies. Upon the occurrence and during the continuance of an Event of Default, Bank may, at its election, without notice of its election and without demand, do any one (1) or more of the following, all of which are authorized by BorrowerBorrowers:
Appears in 1 contract
Rights and Remedies. Upon the occurrence and during the continuance of an Event of Default, Bank may, at its election, without notice of its election and without demand, to the extent permitted under applicable law, do any one or more of the following, all of which are authorized by Borrower:
Appears in 1 contract
Rights and Remedies. Upon the occurrence and during the continuance of an Event of Default, any Bank may, at its election, without notice of its election and without demand, do any one or more of the following, all of which are authorized by BorrowerBorrowers:
Appears in 1 contract
Samples: Loan and Security Agreement (Advanced Energy Industries Inc)
Rights and Remedies. Upon the occurrence and during the continuance of an Event of Default, Bank may, at its election, without notice of its election and without demand, do any one or more of the followingfollowing to the extent permitted by applicable law, all of which are authorized by BorrowerBorrowers:
Appears in 1 contract
Rights and Remedies. Upon the occurrence and during the continuance of an Event of Default, Bank may, at its election, without notice of its election and without demand, do any one or more of the following, all of which are authorized by Borrower:: Otonomy, Inc. LSA Execution Version 15
Appears in 1 contract
Rights and Remedies. Upon the occurrence and during the continuance of an Event of Default, Bank may, at its election, without notice of its election and without demand, do any one or more of the following, following (but only if permitted by the Code) all of which are authorized by Borrower:
Appears in 1 contract
Rights and Remedies. Upon the occurrence and during the continuance of an Event of Default, Bank may, at its election, without notice of its election and without demand, do any one or more of the followingfollowing as permitted by the Code, all of which are authorized by Borrower:
Appears in 1 contract
Samples: Loan and Security Agreement (Tripath Technology Inc)
Rights and Remedies. Upon the occurrence and during the continuance of an Event of Default, Bank may, at its election, without notice of its election and without demand, do any one or more of the following, all of which are authorized by each Borrower:
Appears in 1 contract
Rights and Remedies. Upon the occurrence and during the continuance of an Event of Default, Bank may, at its election, without notice of its election and without demand, and without limiting any of Bank’s other rights and remedies, whether arising under law, at equity, or by contract, do any one or more of the following, all of which are authorized by Borrower:.
Appears in 1 contract
Samples: Loan and Security Agreement (Principal Solar, Inc.)
Rights and Remedies. Upon the occurrence and during the continuance ---- ------------------- of an Event of Default, Bank may, at its election, without notice of its election and without demand, do any one or more of the following, all of which are authorized by Borrower:
Appears in 1 contract
Rights and Remedies. Upon the occurrence and during the continuance of an Event of Default, (other than a default under Section 8.6) Bank may, at its election, without notice of its election and without demand, do any one or more of the following, all of which are authorized by Borrower:
Appears in 1 contract
Rights and Remedies. Upon the occurrence and during the continuance of ------------------- an Event of Default, Bank may, at its election, without notice of its election and without demand, do any one or more of the following, following all of which are authorized by the Borrower:
Appears in 1 contract
Rights and Remedies. Upon the occurrence and during the continuance of an Event of DefaultDefault (and after the expiration of any applicable cure period), Bank may, at its election, without notice of its election and without demand, do any one or more of the following, all of which are authorized by Borrower:
Appears in 1 contract
Rights and Remedies. Upon the occurrence and during the continuance of an Event of Default, Bank may, at its election, without upon notice of its election and but without demand, do any one or more of the following, all of which are authorized by Borrower:
Appears in 1 contract
Rights and Remedies. Upon the occurrence and during the continuance of an Event of Default, Bank may, may at its election, without notice of its election and without demand, do any one or more of the following, all of which are authorized by each Borrower:
Appears in 1 contract
Rights and Remedies. Upon the occurrence and during the continuance of an Event of Default, the Bank may, at its election, without notice of its election and without demand, do any one or more of the following, all of which are authorized by Borrowerthe Borrowers:
Appears in 1 contract
Samples: Loan Agreement (Moldflow Corp)
Rights and Remedies. Upon the occurrence and during the ------------------- continuance of an Event of Default, Bank may, at its election, without notice of its election and without demand, do any one or more of the following, all of which are authorized by BorrowerDebtor:
Appears in 1 contract
Samples: Security Agreement (Switchboard Inc)
Rights and Remedies. Upon the occurrence and during the continuance of an Event of Default, Bank may, at its election, without notice of its election and without demanddemand (unless otherwise specified) (but with written notice of such actions given to Borrower promptly following such actions), do any one or more of the following, all of which are authorized by Borrower:
Appears in 1 contract
Samples: Loan and Security Agreement (Mobius Management Systems Inc)
Rights and Remedies. Upon the occurrence and during the continuance continuation of an Event of DefaultDefault when any Obligations are outstanding, Bank may, at its election, without notice of its election and without demand, do any one or more of the following, all of which are authorized by Borrower:
Appears in 1 contract
Rights and Remedies. Upon the occurrence and during the ------------------- continuance of an Event of Default, Bank may, at its election, without demand and with prompt subsequent notice of its election and without demand, do any one or more of the following, all of ---------- which are authorized by Borrower:
Appears in 1 contract
Rights and Remedies. Upon the occurrence and during the continuance of an Event of Default, Bank may, at its election, without upon notice of its election and without demand, do any one or more of the following, all of which are authorized by Borrower:
Appears in 1 contract
Samples: Loan and Security Agreement (Ultra Clean Holdings Inc)
Rights and Remedies. Upon the occurrence and during the continuance of an Event of Default, Bank may, at its election, without notice of its election and without demand, do any one or more of the following, all of which are authorized by Borrowerall of the Credit Parties:
Appears in 1 contract
Samples: Loan and Security Agreement (CNL Strategic Capital, LLC)
Rights and Remedies. Upon the occurrence and during the continuance of an Event of Default, (other than a default under Section 11.5) Bank may, at its election, without notice of its election and without demand, do any one or more of the following, all of which are authorized by Borrower:
Appears in 1 contract
Samples: Revolving Credit and Term (Motorvac Technologies Inc)
Rights and Remedies. Upon the occurrence and during the continuance of an any Event of Default, Bank may, at its election, without notice of its election and without demand, do any one or more of the following, all of which are irrevocably authorized by Borrower:
Appears in 1 contract
Samples: Loan and Security Agreement (Orchid Biosciences Inc)
Rights and Remedies. Upon the occurrence and during the continuance of an Event of Default, Bank may, at its election, without notice of its election and without demand, do any one or more of the following, all ail of which are authorized by Borrower:
Appears in 1 contract
Samples: Loan and Security Agreement (Integrated Packaging Assembly Corp)
Rights and Remedies. Upon the occurrence and during the continuance of an Event of Default, Bank may, at its election, without notice of its election and without demand, do any one or more of the following, all of which are authorized by Borrower:
Appears in 1 contract
Rights and Remedies. Upon the occurrence and during the continuance of an Event of DefaultDefault (beyond any applicable grace period), Bank may, at its election, without notice of its election and without demand, do any one or more of the following, all of which are authorized by each Borrower:
Appears in 1 contract
Samples: Loan and Security Agreement (Everside Health Group, Inc.)
Rights and Remedies. Upon the occurrence and during the continuance of an Event of Default, Bank may, at its election, without notice of its election and without demand, do any one or more of the following, all of which are authorized by Borrower:
Appears in 1 contract
Samples: Loan and Security Agreement (Mission Critical Software Inc)
Rights and Remedies. Upon the occurrence and during the continuance of an Event of Default, Bank may, at its election, without notice of its election and without demand, do any one anyone or more of the following, all of which are authorized by Borrower:
Appears in 1 contract
Rights and Remedies. Upon the occurrence and during the ------------------- continuance of an Event of Default, Bank may, at its election, without notice of its election and without demand, do any one or more of the following, all of which are authorized by BorrowerBorrowers:
Appears in 1 contract
Samples: Loan and Security Agreement (SQL Financials International Inc /De)
Rights and Remedies. Upon the occurrence and during the continuance of an Event of Default, Bank may, at its election, without prior notice of its election and without demand, do any one or more of the following, all of which are authorized by Borrower:
Appears in 1 contract
Rights and Remedies. Upon the occurrence and during the continuance of an Event of Default, Bank may, at its election, without notice of its election and without demand, do any one or more of the following, all of which are authorized by Borrower:: [***] = Confidential treatment requested for redacted portion; redacted portion has been filed separately with the Securities and Exchange Commission.
Appears in 1 contract
Rights and Remedies. Upon the occurrence and during the continuance of ---- -------------------- an Event of Default, Bank may, at its election, without notice of its election and without demand, do any one or more of the following, all of which are authorized by Borrower:
Appears in 1 contract
Samples: Loan and Security Agreement (Seachange International Inc)
Rights and Remedies. Upon the occurrence and during the continuance of an Event of Default, Bank may, at its election, without notice of its election and without demand, do any one or more of the following, all of which are authorized by BorrowerBorrower and Bank agrees to use commercially reasonable efforts to provide notice to Borrower promptly after doing any of the following:
Appears in 1 contract
Rights and Remedies. Upon the occurrence and during the continuance of an Event of Default, Bank may, at its election, without notice of its election and without demand, do any one or more of the following, all of which are authorized by Borrower:
Appears in 1 contract
Rights and Remedies. Upon the occurrence and during the continuance of an Event of Default, Bank may, at its election, without notice of its election and without demand, do any one or more of the following, following all of which are authorized by the Borrower:
Appears in 1 contract
Rights and Remedies. Upon the occurrence and during the continuance of an Event of Default, Bank may, at its election, subject to the Intercreditor Agreement, without notice of its election and without demand, do any one or more of the following, all of which are authorized by Borrower:”
Appears in 1 contract
Rights and Remedies. Upon the occurrence and during the continuance of an Event of Default, Bank may, at its election, without notice of its election and without demand, do any one or more of the following, all of which are authorized by Borrower:;
Appears in 1 contract
Rights and Remedies. Upon the occurrence and during the ------------------- continuance of an Event of Default, Bank may, at its election, without notice of its election and without demand, do any one or more of the following, all of which are authorized by Borrower:;
Appears in 1 contract
Rights and Remedies. Upon the occurrence occurrence, and during the continuance continuation, of an Event of Default, Bank Default Banks may, at its their or either of their election, without notice of its such election and without demand, do any one or more of the following, all of which are authorized by Borrower:
Appears in 1 contract
Samples: Loan Agreement (Kennedy Wilson Inc)
Rights and Remedies. Upon the occurrence and during the continuance of an any Event of Default, Bank may, at its election, without notice of its election and without demand, do any one or more of the following, all of which are irrevocably and unconditionally authorized by BorrowerBorrower and the Parent Guarantors:
Appears in 1 contract
Samples: Loan and Security Agreement (NightHawk Radiology Holdings Inc)
Rights and Remedies. Upon the occurrence and during the continuance of an Event of Default, Bank may, at its election, without notice of its election and without demand, do exercise all of its rights and remedies under applicable law including, without limitation, any one or more of the following, all of which are authorized by Borrower:
Appears in 1 contract