Hercules Agreement definition

Hercules Agreement means the Loan and Security Agreement, dated January 7, 2015, by and among the Issuer, Hercules Technology Growth Capital, Inc. and the other parties from time to time thereto, as amended.
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Hercules Agreement has the meaning set forth in the PSA.
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Hercules Agreement means that certain Loan and Security Agreement, dated August 11, 2015, as amended by the First Amendment thereto dated September 28, 2015, the Second Amendment thereto dated December 31, 2015, the Third Amendment thereto dated February 25, 2016, and the Fourth Amendment thereto dated July 22, 2016, by and between Hercules and Parent.
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Examples of Hercules Agreement in a sentence

  • In June 2013, the Company entered into the Hercules Agreement under which its borrowings bear interest at a variable rate with a fixed floor.

  • BIND is party to a Loan and Security Agreement with Hercules Technology III, L.P. dated as of January 10, 2011 (as in effect as of the Effective Date, the “Hercules Agreement”) pursuant to which BIND granted Hercules a security interest in certain assets of BIND as set forth in the Hercules Agreement.

  • The Issuer shall use, or will cause its Restricted Subsidiaries to use, the net proceeds from the issuance and sale of the Securities to repay all outstanding obligations under the Hercules Agreement, to seek FDA approval for and commercialize its product candidates ARYMO ER™ and Egalet-002, to pay fees, costs and expenses arising in connection with the issuance of the Securities and the royalty rights sold concurrently therewith and for general corporate purposes.

  • BIND has provided to Pfizer a true and complete copy of both (x) the Hercules Agreement and (y) a Second Consent To License Agreement of even date herewith (the “Hercules Consent”) executed by Hercules pursuant to which Hercules consented to the execution and delivery of this Agreement.

  • The Seller is the exclusive (other than to the extent set forth in clauses (b) and (c) of the definition of “Purchased Assets”) owner of the entire right, title (legal and equitable) and interest in, to and under the Purchased Assets and has good and valid title thereto, free and clear of all Liens taking into account the release of the Liens relating to the Hercules Agreement that the Seller represents and warrants shall occur concurrently with the Closing.

  • In June 2013, the Company entered into the Hercules Agreement, which was last amended and restated in December 2021, under which the Company’s borrowings bear interest at a variable rate with a fixed floor.

  • The Third Hercules Amendment Borrowed Amount is secured by the same liens provided for in the Original Hercules Agreement and the First Amendment, including a lien on certain Company intellectual property, and the preexisting covenants under the Loan Facility apply to the Loan Facility as amended.

  • The Company determined it was in the best interests of the Company to pay down the debt and terminate the Hercules Agreement to simplify the Company's balance sheet and provide additional flexibility as the Board of Directors continues to explore strategic and financial alternatives for theCompany.

  • Upon the earlier of the maturity date, prepayment in full or such obligations otherwise becoming due and payable, in addition to repaying the outstanding Third Hercules Amendment Borrowed Amount (and all amounts owed under the Original Hercules Agreement, as amended), the Company is also required to pay Hercules an end-of-term charge of $767,200.

  • Unless otherwise agreed to between Parent and the Company, Parent shall have entered into an amendment to the Hercules Agreement in accordance with the terms set forth on Schedule 6.3(f) and such amendment shall not contain any other material terms not reflected on Schedule 6.3(f) without the consent of the Company which consent, if required, shall not be unreasonably withheld (the “Hercules Extension”).


More Definitions of Hercules Agreement

Hercules Agreement means the toll manufacturing agreement, dated as of August 1, 1999, by and between Solutia Canada Inc. and Hercules Inc.
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Related to Hercules Agreement

  • SPS Agreement means the Agreement on the Application of Sanitary and Phytosanitary Measures which is a part of the WTO Agreement; Subheading means the first six digits in the tariff classification number under the HS; Territory means:

  • Support Agreement has the meaning set forth in the Recitals.

  • Sales Agreement means the agreement between the Client and the Partner for the sale of Goods in accordance with the Order.

  • Sponsor Letter Agreement has the meaning set forth in the recitals to this Agreement.

  • Placement Agreement means the Placement Agreement relating to the offering and sale of Capital Securities in the form of Exhibit C.

  • Connection Agreement means an agreement entered into between a distributor and a person connected to its distribution system that delineates the conditions of the connection and delivery of electricity to or from that connection;

  • Standstill Agreement shall have the meaning set forth in Section 6.03.

  • Formation Agreement has the meaning attributed to it in Recital A;

  • Put Agreement means an agreement dated as of August 13, 2008, as amended, among the Company, OT LLC and Rio Tinto Alcan.

  • SCM Agreement means the Agreement on Subsidies and Countervailing Measures in Annex 1A to the WTO Agreement;

  • Expense Agreement means the Agreement as to Expenses and Liabilities between the Depositor and the Trust, substantially in the form attached as Exhibit D, as amended from time to time.

  • Unit Purchase Agreement means the Common Unit and Class B Unit Purchase Agreement, dated as of December 1, 2006, among the Partnership and the purchasers named therein.

  • leasing agreement means an agreement by which one person (the lessor) grants a right to possession or control of an object (with or without an option to purchase) to another person (the lessee) in return for a rental or other payment;

  • Transaction Agreement has the meaning set forth in the recitals.

  • Parent Agreement has the meaning given to it in Clause 12;

  • Arrangement Agreement has the meaning ascribed thereto in the recitals hereof;

  • Exchange Agreement has the meaning set forth in the Recitals.

  • Side Letter means any side letter executed by an Investor with any Borrower or the Investment Adviser with respect to such Investor’s rights and/or obligations under its Subscription Agreement and any other applicable Operative Document.

  • Stock Purchase Agreement means the agreement between the Company and a Purchaser who acquires Shares under the Plan that contains the terms, conditions and restrictions pertaining to the acquisition of such Shares.

  • Aircraft Purchase Agreement Has the meaning specified in the NPA.

  • Company Acquisition Agreement has the meaning set forth in Section 5.04(a).

  • OP Agreement means the agreement of limited partnership of ATA Holdings, as amended and in effect from time to time.

  • Investors Agreement has the meaning set forth in Section 6.01(e).

  • Cooperation Agreement means that certain Mortgage Loan Cooperation Agreement, dated as of the Closing Date, among Borrower, Lender and Sponsor, as the same may from time to time be amended, restated, replaced, supplemented or otherwise modified in accordance herewith.

  • Shareholder Agreement has the meaning set forth in the Recitals.

  • New Management Agreement means the management agreement to be entered into between Buyer and the Manager for the operation and management of the Hotel on and after the Closing Date.