Several Obligations of Lender. The parties are entering into this single Agreement for convenience, and this Agreement is and shall be interpreted for all purposes as separate and distinct agreements between Borrower and VLL4, on the one hand, and Borrower and VLL5, on the other hand, and nothing in this Agreement shall be deemed a joint venture, partnership or other association between VLL4 and VLL5. Each reference in this Agreement to “Lender” shall mean and refer to each of VLL4 and VLL5, singly and independent of one another. Without limiting the generality of the foregoing, the Commitment, covenants and other obligations of “Lender” under this Agreement are several and not joint obligations of VLL4 and VLL5, and all rights and remedies of “Lender” under this Agreement may be exercised by VLL4 and/or VLL5 independently of one another.
Appears in 3 contracts
Samples: Loan and Security Agreement (Emphasys Medical, Inc.), Loan and Security Agreement (Emphasys Medical, Inc.), Loan and Security Agreement (EnteroMedics Inc)
Several Obligations of Lender. The parties are entering into this single Agreement for convenience, and this Agreement is and shall be interpreted for all purposes as separate and distinct agreements between Borrower and VLL4VLL7, on the one hand, and Borrower and VLL5VLL8, on the other hand, and nothing in this Agreement shall be deemed a joint venture, partnership or other association between VLL4 VLL7 and VLL5VLL8. Each reference in this Agreement to “Lender” shall mean and refer to each of VLL4 VLL7 and VLL5VLL8, singly and independent of one another. Without limiting the generality of the foregoing, the Commitment, covenants and other obligations of “Lender” under this Agreement are several and not joint obligations of VLL4 VLL7 and VLL5VLL8, and all rights and remedies of “Lender” under this Agreement may be exercised by VLL4 VLL7 and/or VLL5 VLL8 independently of one another.
Appears in 2 contracts
Samples: Loan and Security Agreement (Eventbrite, Inc.), Loan and Security Agreement (Identiv, Inc.)
Several Obligations of Lender. The parties are entering into this single Agreement for convenience, and this Agreement is and shall be interpreted for all purposes as separate and distinct agreements between Borrower Borrowers and VLL4VLL5, on the one hand, and Borrower Borrowers and VLL5VLL6, on the other hand, and nothing in this Agreement shall be deemed a joint venture, partnership or other association between VLL4 VLL5 and VLL5VLL6. Each reference in this Agreement to “Lender” shall mean and refer to each of VLL4 VLL5 and VLL5VLL6, singly and independent of one another. Without limiting the generality of the foregoing, the Commitment, covenants and other obligations of “Lender” under this Agreement are several and not joint obligations of VLL4 VLL5 and VLL5VLL6, and all rights and remedies of “Lender” under this Agreement may be exercised by VLL4 VLL5 and/or VLL5 VLL6 independently of one another.
Appears in 1 contract
Samples: Loan and Security Agreement (Bacterin International Holdings, Inc.)
Several Obligations of Lender. The parties are entering into this single Agreement for convenience, and this Agreement is and shall be interpreted for all purposes as separate and distinct agreements between Borrower and VLL4VLL8, on the one hand, and Borrower and VLL5VLL9, on the other hand, and nothing in this Agreement shall be deemed a joint venture, partnership or other association between VLL4 VLL8 and VLL5VLL9. Each reference in this Agreement to “Lender” shall mean and refer to each of VLL4 VLL8 and VLL5VLL9, singly and independent of one another. Without limiting the generality of the foregoing, the Commitment, covenants and other obligations of “Lender” under this Agreement are several and not joint obligations of VLL4 VLL8 and VLL5VLL9, and all rights and remedies of “Lender” under this Agreement may be exercised by VLL4 VLL8 and/or VLL5 VLL9 independently of one another.
Appears in 1 contract
Samples: Loan and Security Agreement (Virtuix Holdings Inc.)
Several Obligations of Lender. The parties are entering into this single Agreement for convenience, and this Agreement is and shall be interpreted for all purposes as separate and distinct agreements between Borrower Borrowers and VLL4VLL6, on the one hand, and Borrower Borrowers and VLL5VLL7, on the other hand, and nothing in this Agreement shall be deemed a joint venture, partnership or other association between VLL4 VLL6 and VLL5VLL7. Each reference in this Agreement to “Lender” shall mean and refer to each of VLL4 VLL6 and VLL5VLL7, singly and independent of one another. Without limiting the generality of the foregoing, the Commitment, covenants and other obligations of “Lender” under this Agreement are several and not joint obligations of VLL4 VLL6 and VLL5VLL7, and all rights and remedies of “Lender” under this Agreement may be exercised by VLL4 VLL6 and/or VLL5 VLL7 independently of one another.
Appears in 1 contract
Samples: Loan and Security Agreement (Digital Caddies, Inc.)
Several Obligations of Lender. The parties are entering into this single Agreement for convenience, and this Agreement is and shall be interpreted for all purposes as separate and distinct agreements between Borrower and VLL4VLL6, on the one hand, and Borrower and VLL5VLL7, on the other hand, and nothing in this Agreement shall be deemed a joint venture, partnership or other association between VLL4 VLL6 and VLL5VLL7. Each reference in this Agreement to “Lender” shall mean and refer to each of VLL4 VLL6 and VLL5VLL7, singly and independent of one another. Without limiting the generality of the foregoing, the Commitment, covenants and other obligations of “Lender” under this Agreement are several and not joint obligations of VLL4 VLL6 and VLL5VLL7, and all rights and remedies of “Lender” under this Agreement may be exercised by VLL4 VLL6 and/or VLL5 VLL7 independently of one another.
Appears in 1 contract
Several Obligations of Lender. The parties are entering into this single Agreement for convenience, and this Agreement is and shall be interpreted for all purposes as separate and distinct agreements between Borrower and VLL4VLL5, on the one hand, and Borrower and VLL5VLL6, on the other hand, and nothing in this Agreement shall be deemed a joint venture, partnership or other association between VLL4 VLL5 and VLL5VLL6. Each reference in this Agreement to “Lender” shall mean and refer to each of VLL4 VLL5 and VLL5VLL6, singly and independent of one another. Without limiting the generality of the foregoing, the Commitment, covenants and other obligations of “Lender” under this Agreement are several and not joint obligations of VLL4 VLL5 and VLL5VLL6, and all rights and remedies of “Lender” under this Agreement may be exercised by VLL4 VLL5 and/or VLL5 VLL6 independently of one another.
Appears in 1 contract