Deerfield Lenders definition

Deerfield Lenders means, collectively, Deerfield Private Design Fund II, L.P., Deerfield Private Design International II, L.P., and Horizon Santé FLML SÀRL.

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Deerfield Lenders means the Lenders identified as a Deerfield Lender on Annex A hereto and its Affiliates and related funds. “Disbursement” has the meaning set forth in Section 2.1(a). “Disbursement Date” means the date that any Disbursement is funded by the applicable Lenders. “Disposition” mean (a) the sale, lease, conveyance or other disposition (including abandonment) of any assets or property (including any sale and leaseback and any transfer or conveyance of any assets or property pursuant to a Division/Series Transaction), (b) the sale or transfer by any Loan Party or any Subsidiary of any Loan Party of any Stock issued to it by any Subsidiary of any Loan Party, and (c) the issuance of any Stock by any Loan Party or any Subsidiary of any Loan Party. “Dispose” has a correlative meaning. “Disqualification Event” has the meaning set forth in Section 3.28(e). “Disqualified Lender” means (a) each Person that is a direct competitor of the Borrower or any of its Subsidiaries, in each case, that is separately identified in writing by the Borrower to the Agent and reasonably acceptable to the Agent, (b) any controlling Affiliate (other than with respect to such Affiliate at which sufficient customary barriers are in place at such entities to prevent the sharing confidential information with respect to the Borrower with the controlled direct competitor of the Borrower) or controlled Affiliate of any such Person referred to in clause (a) above that is either (i) identified in writing to the Agent and the Lenders by the Borrower from time to time or (ii) clearly identifiable on the basis of such Affiliate’s name; provided that, in the case of clauses (a) and (b) above, (i) no identification of a Person as a competitor or a controlling or controlled Affiliate of a competitor shall be effective to retroactively disqualify any Person that is, at the time of such identification, already a Lender, and (x) no Person that operates as a brokerage, insurance business, pension fund (or other benefit fund), hedge fund, private equity fund, other investment fund, or investment banking, investment management, investment advisory, or similar business, (y) any non-profit research or non-profit enterprise or (z) any investment fund managed by any of the Lenders or the Agent or any Affiliate or related fund of any of the Lenders or the Agent, shall constitute a Disqualified Lender, whether or not such Person owns an interest in a competitor or a controlled Affiliate of a competitor. Notwithstand...

Deerfield Lenders means the DPDF Lender and Deerfield Special Situations Fund, L.P. “Disbursements” has the meaning set forth in Section 2.2(b).

Examples of Deerfield Lenders in a sentence

• The Borrower, the Deerfield Lenders, Delaware Street Capital Master Fund, L.P. and ▇.

• It is further agreed that the terms attached hereto as Exhibit A will be incorporated into an intercreditor agreement between the Deerfield Lenders and the Sanofi Lender.

• Any amendment that is approved by the Deerfield Lenders shall bind all Lenders.

• All of the covenants and provisions of this Amendment by or for the benefit of the Deerfield Lenders or the Borrower shall bind and inure to the benefit of their respective successors and permitted assigns.

• No provision of this Amendment may be waived or amended except in a written instrument signed by the Borrower and the Deerfield Lenders.

• The Mandatory Registration Statement shall contain a “plan of distribution” approved by the Deerfield Lenders (which approval shall not be unreasonably delayed or withheld).

• 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.

• Following the date hereof, the Deerfield Lenders or their Affiliates may from time to time, identify up to two compounds (“DF-Identified Compounds”) that may have applications for new disease indications and with respect to which the Borrower may have the ability to discover new products utilizing its proprietary technology.

• 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.

• Notwithstanding anything herein to the contrary, the Deerfield Lenders may not transfer or assign any rights of the Deerfield Lenders and their Affiliates under Section 4.07 of this Agreement without the Borrower’s prior written consent.

More Definitions of Deerfield Lenders

Deerfield Lenders means Deerfield Private Design Fund III, L.P. and Deerfield Special Situations Fund, L.P.

Deerfield Lenders means Deerfield Private Design Fund III, L.P., Deerfield Partners, L.P. and Deerfield International Master Fund, L.P. or their registered assigns.

Deerfield Lenders means the Initial Deerfield Lender and any Deerfield Related Lenders.

Deerfield Lenders means, to the extent that such Persons are Lenders, Deerfield Partners, L.P. and Deerfield Private Design Fund III, L.P. and their respective Affiliates.

Deerfield Lenders means the DPDF Lender and Deerfield Special Situations Fund, L.P.