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.
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.
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.
The Purchased Interest sold, assigned, transferred, granted, conveyed and contributed to the Purchaser on the Closing Date has not been pledged, sold, assigned, transferred, conveyed, granted or contributed by the Seller to any other Person (other than to the extent set forth in clauses (ii) and (iii) of the definition of “Purchased Interest,” and other than Liens under the Hercules Agreement that the Seller represents and warrants will be released concurrently with the Closing, and Permitted Liens).
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”).
The Purchased Assets sold, assigned, transferred, contributed, granted, and conveyed to the Purchaser on the Closing Date have not been pledged, sold, assigned, transferred, conveyed or granted by the Seller to any other Person (other than to the extent set forth in clauses (b) and (c) of the definition of “Purchased Assets”), 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.