Common use of Notices of Litigation and Default Clause in Contracts

Notices of Litigation and Default. Borrower will give prompt written notice to Collateral Agent and the Lenders of any litigation or governmental proceedings pending or threatened (in writing) against Borrower or any of its Subsidiaries, which could reasonably be expected to result in damages or costs to Borrower or any of its Subsidiaries of [*] or more or which could reasonably be expected to have a Material Adverse Change. Without limiting or contradicting any other more specific provision of this Agreement, promptly (and in any event within three (3) Business Days) upon Borrower becoming aware of the existence of any Event of Default or event which, with the giving of notice or passage of time, or both, would constitute an Event of Default, Borrower shall give written notice to Collateral Agent and the Lenders of such occurrence, which such notice shall include a reasonably detailed description of such Event of Default or event which, with the giving of notice or passage of time, or both, would constitute an Event of Default.

Appears in 2 contracts

Sources: Loan and Security Agreement (Cytokinetics Inc), Loan and Security Agreement (Cytokinetics Inc)

Notices of Litigation and Default. Borrower will give prompt written notice to Collateral Agent and the Lenders of any litigation or governmental proceedings pending or threatened (in writing) against Borrower or any of its Subsidiaries, Subsidiaries which could reasonably be expected to result in damages or costs to Borrower or any of its Subsidiaries of [*] Three Hundred Thousand Dollars ($300,000) or more or which could reasonably be expected to have cause a Material Adverse Change. Without limiting or contradicting any other more specific provision of this Agreement, promptly (and in any event within three (3) Business Days) upon Borrower becoming aware of the existence of any Event of Default or event which, with the giving of notice or passage of time, or both, would constitute an Event of Default, Borrower shall give written notice to Collateral Agent and the Lenders of such occurrence, which such notice shall include a reasonably detailed description of such Event of Default or event which, with the giving of notice or passage of time, or both, would constitute an Event of Default.

Appears in 1 contract

Sources: Loan and Security Agreement (Supernus Pharmaceuticals Inc)

Notices of Litigation and Default. Borrower will give prompt written notice to Collateral Agent and the Lenders Lender of any litigation or governmental proceedings pending or threatened (in writing) against Borrower or any of its Subsidiaries, which could reasonably be expected to result in damages or costs to Borrower or any of its Subsidiaries of [*] One Hundred Thousand Dollars ($100,000.00) or more or which could reasonably be expected to have a Material Adverse Change. Without limiting or contradicting any other more specific provision of this Agreement, promptly (and in any event within three (3) Business Days) upon Borrower becoming aware of the existence of any Event of Default or event which, with the giving of notice or passage of time, or both, would constitute an Event of Default, Borrower shall give written notice to Collateral Agent and the Lenders Lender of such occurrence, which such notice shall include a reasonably detailed description of such Event of Default or event which, with the giving of notice or passage of time, or both, would constitute an Event of Default.

Appears in 1 contract

Sources: Subordination Agreement (Pulmonx Corp)

Notices of Litigation and Default. Borrower will give (a) Provide prompt written notice to Collateral Purchaser Agent and the Lenders of any litigation or governmental proceedings pending or threatened (in writing) writing against Borrower Issuer or any of its Subsidiaries, which could reasonably be expected to result in damages or costs to Borrower Issuer or any of its Subsidiaries of [*] $500,000 or more or which could reasonably be expected to have result in a Material Adverse Change. . (b) Without limiting or contradicting any other more specific provision of this Agreement, promptly (and in any event within three (3) Business Days) upon Borrower becoming aware any Obligor obtaining Knowledge of the existence of any Event of Default or event which, with the giving of notice or passage of time, or both, would constitute an Event of Default, Borrower shall give provide written notice to Collateral Purchaser Agent and the Lenders Purchasers of such occurrence, which such notice shall include a reasonably detailed description of such Event of Default or event which, with the giving of notice or passage of time, or both, would constitute an Event of Default.

Appears in 1 contract

Sources: Note Purchase Agreement (ClearPoint Neuro, Inc.)

Notices of Litigation and Default. Borrower will give prompt written notice to Collateral Agent and the Lenders of any litigation or governmental proceedings pending or threatened (in writing) against Borrower or any of its Subsidiaries, Subsidiaries which could reasonably be expected to result in damages or costs to Borrower or any of its Subsidiaries of [*] One Hundred Thousand Dollars ($100,000) or more or which could reasonably be expected to have a Material Adverse Changematerial adverse effect with respect to Borrower’s business. Without limiting or contradicting any other more specific provision of this Agreement, promptly (and in any event within three (3) Business Days) upon Borrower becoming aware of the existence of any Event of Default or event which, with the giving of notice or passage of time, or both, would constitute an Event of Default, Borrower shall give written notice to Collateral Agent and the Lenders of such occurrence, which such notice shall include a reasonably detailed description of such Event of Default or event which, with the giving of notice or passage of time, or both, would constitute an Event of Default.

Appears in 1 contract

Sources: Loan and Security Agreement (Tetraphase Pharmaceuticals Inc)

Notices of Litigation and Default. Borrower will give prompt written notice to Collateral Agent and the Lenders of any litigation or governmental proceedings pending or threatened (in writing) against Borrower or any of its Subsidiaries, which could reasonably be expected to result in damages or costs to Borrower or any of its Subsidiaries of [*] or more or which could would reasonably be expected to have a Material Adverse Changematerial adverse effect with respect to Borrower and in any event, involving amounts in excess of One Hundred Thousand Dollars ($100,000), in the aggregate. Without limiting or contradicting any other more specific provision of this Agreement, promptly (and in any event within three five (35) Business Days) upon Borrower becoming aware of the existence of any Event of Default or event which, with the giving of notice or passage of time, or both, would constitute an Event of Default, Borrower shall give written notice to Collateral Agent and the Lenders of such occurrence, which such notice shall include a reasonably detailed description of such Event of Default or event which, with the giving of notice or passage of time, or both, would constitute an Event of Default.

Appears in 1 contract

Sources: Loan and Security Agreement (Apex Bioventures Acquisition Corp)

Notices of Litigation and Default. Borrower will give Give prompt written notice to Collateral Agent and the Lenders of any litigation or governmental proceedings pending or threatened (in writing) against Borrower or any of its Subsidiaries, Subsidiaries which could reasonably be expected to result in damages or costs to Borrower or any of its Subsidiaries of [*] One Hundred Thousand Dollars ($100,000) or more or which could reasonably be expected to have a Material Adverse Changematerial adverse effect with respect to Borrower’s business. Without limiting or contradicting any other more specific provision of this Agreement, promptly (and in any event within three (3) Business Days) upon Borrower becoming aware of the existence of any Event of Default or event which, with the giving of notice or passage of time, or both, would constitute an Event of Default, Borrower shall give written notice to Collateral Agent and the Lenders of such occurrence, which such notice shall include a reasonably detailed description of such Event of Default or event which, with the giving of notice or passage of time, or both, would constitute an Event of Default.

Appears in 1 contract

Sources: Loan and Security Agreement (Angie's List, Inc.)

Notices of Litigation and Default. Borrower will give prompt written notice to Collateral Agent and the Lenders of any litigation or governmental proceedings pending or threatened (in writing) against Borrower any Loan Party or any Subsidiary of its Subsidiariesa Loan Party, which could reasonably be expected to result in damages to such Loan Party or costs to Borrower or any Subsidiary of its Subsidiaries of [*] One Million Dollars ($1,000,000.00) or more or which could reasonably be expected to have a Material Adverse Change. Without limiting or contradicting any other more specific provision of this Agreement, promptly (and in any event within three (3) Business Days) upon Borrower becoming aware of the existence of any Event of Default or event which, with the giving of notice or passage of time, or both, would constitute an Event of Default, Borrower shall give written notice to Collateral Agent and the Lenders of such occurrence, which such notice shall include a reasonably detailed description of such Event of Default or event which, with the giving of notice or passage of time, or both, would constitute an Event of Default.

Appears in 1 contract

Sources: Loan and Security Agreement (Centessa Pharmaceuticals PLC)