Common use of Exercise of Rights Not Required Clause in Contracts

Exercise of Rights Not Required. Nothing contained in Section 4.03(a) shall require the Administrative Agent, any Lender or any of their Affiliates to exercise any such right or shall affect the right of such Persons to exercise, and retain the benefits of exercising, any such right with respect to any other indebtedness or obligation of any Obligor.

Appears in 43 contracts

Sources: Credit Agreement and Guaranty (Verona Pharma PLC), Credit Agreement (Nuvation Bio Inc.), Credit Agreement and Guaranty (BioXcel Therapeutics, Inc.)

Exercise of Rights Not Required. Nothing contained in Section 4.03(a) herein shall require the Administrative Agent, any Lender or any of their respective Affiliates to exercise any such right or shall affect the right of such Persons Person to exercise, and retain the benefits of exercising, any such right with respect to any other indebtedness or obligation of any Obligor.

Appears in 23 contracts

Sources: Term Loan Agreement (Sanara MedTech Inc.), Term Loan Agreement (P3 Health Partners Inc.), Term Loan Agreement (NeuroPace Inc)

Exercise of Rights Not Required. Nothing contained in Section 4.03(a) herein shall require the Administrative Agent, any Lender the Lenders or any of their respective Affiliates to exercise any such right or shall affect the right of such Persons to exercise, and retain the benefits of exercising, any such right with respect to any other indebtedness Indebtedness or obligation of any Obligor.

Appears in 12 contracts

Sources: Credit Agreement (Exagen Inc.), Credit Agreement (Kestra Medical Technologies, Ltd.), Credit Agreement and Guaranty (Kestra Medical Technologies, Ltd.)

Exercise of Rights Not Required. Nothing contained in Section 4.03(a) herein shall require the Administrative Agent, any Lender the Lenders or any of their respective Affiliates to exercise any such right or shall affect the right of such Persons to exercise, and retain the benefits of exercising, any such right with respect to any other indebtedness or obligation of any Obligor.

Appears in 9 contracts

Sources: Fifth Amendment to Credit Agreement and Guaranty (Biodesix Inc), Credit Agreement and Guaranty (Biodesix Inc), Credit Agreement and Guaranty (Biodesix Inc)

Exercise of Rights Not Required. Nothing contained in Section 4.03(a) shall require the Administrative Agent, any Lender or any of their Affiliates to exercise any such right or shall affect the right of such Persons to exercise, and retain the benefits of exercising, any such right with respect to any other indebtedness or obligation of any Obligor.

Appears in 6 contracts

Sources: Credit Agreement (Allurion Technologies, Inc.), Bridging Agreement (Allurion Technologies Holdings, Inc.), Credit Agreement (Xeris Biopharma Holdings, Inc.)

Exercise of Rights Not Required. Nothing contained in Section 4.03(a) shall require the Administrative Agent, Agent or any Lender or any of their Affiliates to exercise any such right or shall affect the right of such Persons to exercise, and retain the benefits of exercising, any such right with respect to any other indebtedness or obligation of any Obligor.

Appears in 3 contracts

Sources: Credit Agreement (Zymergen Inc.), Credit Agreement (Zymergen Inc.), Credit Agreement (Adma Biologics, Inc.)

Exercise of Rights Not Required. Nothing contained in Section 4.03(a) shall require the Administrative Agent, any Lender or and any of their its Affiliates to exercise any such right or shall affect the right of such Persons to exercise, and retain the benefits of exercising, any such right with respect to any other indebtedness or obligation of any Obligor.

Appears in 3 contracts

Sources: Credit Agreement (Sonendo, Inc.), Credit Agreement (Sonendo, Inc.), Credit Agreement (Sonendo, Inc.)

Exercise of Rights Not Required. Nothing contained in Section 4.03(a2.9(a) shall require the Administrative Agent, any Lender or any of their Affiliates to exercise any such right or shall affect the right of such Persons to exercise, and retain the benefits of exercising, any such right with respect to any other indebtedness or obligation of any ObligorLoan Party.

Appears in 2 contracts

Sources: Multi Draw Senior Secured Super Priority Priming Debtor in Possession Credit Agreement and Guaranty (Sientra, Inc.), Multi Draw Senior Secured Super Priority Priming Debtor in Possession Credit Agreement and Guaranty (Sientra, Inc.)

Exercise of Rights Not Required. Nothing contained in Section 4.03(a) herein shall require the Administrative Agent, any Lender or any of their such Affiliates referred to in Section 4.04(a) to exercise any such right or shall affect the right of such Persons Person to exercise, and retain the benefits of exercising, any such right with respect to any other indebtedness or obligation of any Obligor.

Appears in 2 contracts

Sources: Term Loan Agreement (T2 Biosystems, Inc.), Term Loan Agreement (T2 Biosystems, Inc.)

Exercise of Rights Not Required. Nothing contained in Section 4.03(a) herein shall require the Administrative Agent, any Lender the Lenders or any of their respective Affiliates to exercise any such right or shall affect the right of such Persons to exercise, and retain the benefits of exercising, any such right with respect to any other indebtedness or obligation of any Obligor. ARTICLE 5 YIELD PROTECTION Section 5.01.

Appears in 2 contracts

Sources: Credit Agreement and Guaranty (IsoPlexis Corp), Credit Agreement and Guaranty (IsoPlexis Corp)

Exercise of Rights Not Required. Nothing contained in Section 4.03(a) shall require the Administrative Agent, Agent or any Lender or any of their Affiliates to exercise any such right or shall affect the right of such Persons to exercise, and retain the benefits of exercising, any such right with respect to any other indebtedness or obligation of any Obligor.

Appears in 1 contract

Sources: Credit Agreement (Nevro Corp)

Exercise of Rights Not Required. Nothing contained in Section 4.03(a) herein shall require the Administrative Agent, any Lender or and any of their Affiliates to exercise any such right or shall affect the right of such Persons to exercise, and retain the benefits of exercising, any such right with respect to any other indebtedness or obligation of any Obligor.. 136158242.1 136158242.6 39

Appears in 1 contract

Sources: Term Loan Agreement (Axogen, Inc.)

Exercise of Rights Not Required. Nothing contained in Section 4.03(a‎4.03(a) shall require the Administrative Agent, any Lender or any of their Affiliates to exercise any such right or shall affect the right of such Persons to exercise, and retain the benefits of exercising, any such right with respect to any other indebtedness or obligation of any Obligor.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Athenex, Inc.)

Exercise of Rights Not Required. Nothing contained in Section 4.03(a) shall require the Administrative Agent, any Lender Agent or any of their Affiliates Noteholder to exercise any such right or shall affect the ​ ​ right of such Persons to exercise, and retain the benefits of exercising, any such right with respect to any other indebtedness or obligation of any Obligor.

Appears in 1 contract

Sources: Notes Purchase Agreement and Guaranty (MeiraGTx Holdings PLC)

Exercise of Rights Not Required. Nothing contained in Section 4.03(a) herein shall require the Administrative Agent, any Lender the Lenders or any of their respective Affiliates to exercise any such right or shall affect the right of such Persons to exercise, and retain the benefits of exercising, any such right with respect to any other indebtedness Indebtedness or obligation of any Obligor.. ARTICLE 5

Appears in 1 contract

Sources: Credit Agreement and Guaranty (Trinity Biotech PLC)

Exercise of Rights Not Required. Nothing contained in Section 4.03(a4.04(a) shall require the Administrative Agent, any Lender or and any of their Affiliates to exercise any such right or shall affect the right of such Persons to exercise, and retain the benefits of exercising, any such right with respect to any other indebtedness or obligation of any Obligor.

Appears in 1 contract

Sources: Credit Agreement (Aquestive Therapeutics, Inc.)

Exercise of Rights Not Required. Nothing contained in Section 4.03(a) herein shall require the Administrative Agent, any Lender the Lenders or any of their respective Affiliates to exercise any such right or shall affect the right of such Persons to exercise, and retain the benefits of exercising, any such right with respect to any other indebtedness or obligation of any Obligor.. ‑43‑

Appears in 1 contract

Sources: Credit Agreement and Guaranty (Biodesix Inc)

Exercise of Rights Not Required. Nothing contained in Section 4.03(a) herein shall require the Administrative Agent, any Lender or and any of their Affiliates to exercise any such right or shall affect the right of such Persons to exercise, and retain the benefits of exercising, any such right with respect to any other indebtedness or obligation of any Obligor.

Appears in 1 contract

Sources: Term Loan Agreement (Axogen, Inc.)

Exercise of Rights Not Required. Nothing contained in Section 4.03(a) shall require the Administrative Agent, any Lender or and any of their Affiliates to exercise any such right or shall affect the right of such Persons to exercise, and retain the benefits of exercising, any such right with respect to any other indebtedness or obligation of any Obligor.

Appears in 1 contract

Sources: Credit Agreement (Outset Medical, Inc.)