Examples of Deerfield Loan Agreement in a sentence
The aggregate amount outstanding as of the date hereof under the Deerfield Loan Agreement is set forth on Schedule 3.21.
The Company has provided to the Purchasers a true, complete and accurate copy of the Deerfield Loan Agreement and all related documents and as of the date hereof, neither the Deerfield Loan Agreement nor any related document has been amended, modified or waived in any manner.
The Company is in compliance in all material respects with the Deerfield Loan Agreement and the transactions contemplated hereby and in the Transaction Documents do not and will not require any consent under the Deerfield Loan Agreement or result in any right of termination or acceleration (upon notice, after the passage of time or otherwise) thereunder.
Each Purchaser hereby consents to the issuance of such shares of Series A-2 Preferred in satisfaction of such interest payments in accordance with Section 2.8 of the Deerfield Loan Agreement.
The Company and each of the Deerfield Purchasers shall have executed and delivered that certain Amendment to the Deerfield Loan Agreement (the “Amendment to Deerfield Loan Agreement”) substantially in the form of Exhibit H.
This waiver is limited solely to issuance of shares of Series A-2 Preferred and shares of Series A-3 Preferred pursuant to this Agreement and shares of Series A-2 Preferred pursuant to the Deerfield Loan Agreement in satisfaction of payments of accrued interest to be owed by the Company under such agreement for the quarterly periods ending December 31, 2011, March 31, 2012, June 30, 2012 and September 30, 2012, and shall not be deemed to be a waiver for any other purpose.
Solely as a condition to the obligations of the WP Purchasers hereunder, an amendment to the Deerfield Loan Agreement that is satisfactory to the WP Purchasers in their sole discretion shall have been executed and delivered by the Company and each of the requisite lenders under the Deerfield Loan Agreement.
Other than those disclosed in notes 11 and 18, there are no other off–balance sheet exposures (including derivative transactions) as at 30 June 2018 and 31 December 2017.
Each Purchaser acknowledges that, pursuant to the Deerfield Loan Agreement (as amended by the Amendment to the Deerfield Loan Agreement) in effect as of the Closing Date, the Company is obligated to issue shares of Series A-2 Preferred in satisfaction of payments of accrued interest to be owed by the Company under such agreement for the quarterly periods ending December 31, 2011, March 31, 2012, June 30, 2012 and September 30, 2012.