Examples of Deerfield Lenders in a sentence
The Borrower, the Deerfield Lenders, Delaware Street Capital Master Fund, L.P. and X.
The Borrower shall promptly reimburse the Deerfield Lenders for all of their reasonable out-of-pocket, costs, fees and expenses, including legal fees and expenses, incurred in connection with the negotiation and drafting of this Agreement and any other agreement entered into in connection herewith and the consummation of the transactions contemplated hereby and thereby, up to a maximum of $150,000 for all such expenses.
No provision of this Agreement may be waived or amended except in a written instrument signed by the Borrower and the Deerfield Lenders.
Within one Business Day following the date hereof, the Borrower shall deliver written notice (a “Joinder Notice”) to each Lender other than the Deerfield Lenders (“Non-DF Lenders”) of the Borrower’s entry into this Agreement.
This Amendment and the other Transaction Documents constitute the entire agreement, and supersede all other prior and contemporaneous agreements and understandings, both oral and written, among the Deerfield Lenders and the Borrower with respect to the subject matter hereof.
The Mandatory Registration Statement shall contain a “plan of distribution” approved by the Deerfield Lenders (which approval shall not be unreasonably delayed or withheld).
Any amendment that is approved by the Deerfield Lenders shall bind all Participating Lenders, provided that any such amendment applies to the rights and obligations of the Participating Lenders hereunder on substantially the same basis.
XxXxxxx Xxxxxxx, Chief Financial Officer With copy (which shall not constitute notice hereunder) to: Xxxxxx LLP 0000 Xxxxxxxxxxxx Xxxxxx, XX Xxxxx 000 Xxxxxxxxxx, XX 00000 Fax: (000) 000-0000 Email: xxxxxx@xxxxxx.xxx Attention: Xxxxx Xxxxx If to the Deerfield Lenders: Deerfield Management Company, L.P. 000 Xxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, XX 00000 Fax: 000-000-0000 Email: xxxxxx@xxxxxxxxx.xxx Attn: Xxxxx X.
Except to the extent otherwise agreed in writing by the Deerfield Lenders prior to the Effective Time, this Agreement shall terminate and be of no further force or effect if any of the conditions set forth in Article VII are not satisfied or waived by the Deerfield Lenders on or prior to January 31, 2021; provided, however, that the Borrower’s obligations under Sections 5.03 and 5.05 hereof shall survive such termination.
Any amendment that is approved by the Deerfield Lenders shall bind all Lenders.