Common use of Termination Prior to Maturity Date; Survival Clause in Contracts

Termination Prior to Maturity Date; Survival. So long as the Collateral Agent and Lenders agree that Borrower has indefeasibly satisfied the Obligations, in full, in cash (other than inchoate indemnity obligations and any other obligations which, by their terms, are to survive the termination of this Agreement), this Agreement may be terminated prior to the Maturity Date by Borrower, effective five (5) Business Days after written notice of termination is given to Collateral Agent and the Lenders. All covenants, representations and warranties made in this Agreement continue in full force and effect until this Agreement has terminated pursuant to its terms and all Obligations (other than inchoate indemnity obligations and any other obligations which, by their terms, are to survive the termination of this Agreement) have been satisfied. The obligation of Borrower in Section 12.2 to indemnify each Lender and Collateral Agent, as well as the confidentiality provisions in Section 12.9 below, shall survive until the statute of limitations with respect to such claim or cause of action shall have run.

Appears in 1 contract

Sources: Loan and Security Agreement (Aviragen Therapeutics, Inc.)

Termination Prior to Maturity Date; Survival. So long as the Collateral Agent and Lenders agree that Borrower has indefeasibly satisfied the Obligations, in full, in cash (other than inchoate indemnity obligations and any other obligations which, by their terms, are to survive the termination of this Agreement), this Agreement may be terminated prior to the Maturity Date by Borrower, effective five (5) Business Days after written notice of termination is given to Collateral Agent and the Lenders. All covenants, representations and warranties made in this Agreement continue in full force and effect until this Agreement has terminated pursuant to its terms and all Obligations (other than inchoate indemnity obligations and any other obligations which, by their terms, are to survive the termination of this Agreement) have been satisfied. The obligation Without limiting the foregoing, except as otherwise provided in Section 4.1, the grant of security interest by Borrower in Section 12.2 to indemnify each Lender and Collateral Agent, as well as the confidentiality provisions in Section 12.9 below, 4.1 shall survive until the statute termination of limitations all Bank Services Agreements. So long as Borrower has satisfied the Obligations (other than inchoate indemnity obligations, any other obligations which, by their terms, are to survive the termination of this Agreement, and any Obligations under Bank Services Agreements that are cash collateralized in accordance with respect Section 4.1 of this Agreement), this Agreement may be terminated prior to such claim or cause of action the Maturity Date by Borrower pursuant to Section 2.2(d). Those obligations that are expressly specified in this Agreement as surviving this Agreement’s termination shall have runcontinue to survive notwithstanding this Agreement’s termination.

Appears in 1 contract

Sources: Loan and Security Agreement (Iterum Therapeutics PLC)

Termination Prior to Maturity Date; Survival. So long as the Collateral Agent All covenants, representations and Lenders agree that Borrower warranties made in this Agreement shall continue in full force until this Agreement has indefeasibly satisfied the Obligations, in full, in cash terminated pursuant to its terms and all Obligations (other than inchoate indemnity obligations obligations, and any other obligations which, by their terms, are to survive the termination of this Agreement), and any Obligations under Bank Services Agreements that are cash collateralized in accordance with Section 4.1 of this Agreement may be terminated prior to Agreement) have been satisfied. So long as Borrower has satisfied the Maturity Date by Borrower, effective five (5) Business Days after written notice of termination is given to Collateral Agent and the Lenders. All covenants, representations and warranties made in this Agreement continue in full force and effect until this Agreement has terminated pursuant to its terms and all Obligations (other than inchoate indemnity obligations obligations, and any other obligations which, by their terms, are to survive the termination of this Agreement) have been satisfied, and any Obligations under Bank Services Agreements that are cash collateralized in accordance with Section 4.1 of this Agreement), this Agreement may be terminated prior to the Term Loan Maturity Date by Borrower pursuant to Section 2.2(d). The obligation of Borrower Those obligations that are expressly specified in Section 12.2 this Agreement as surviving this Agreement’s termination shall continue to indemnify each Lender and Collateral Agent, as well as the confidentiality provisions in Section 12.9 below, shall survive until the statute of limitations with respect to such claim or cause of action shall have runnotwithstanding this Agreement’s termination.

Appears in 1 contract

Sources: Loan and Security Agreement (Beyond Meat, Inc.)

Termination Prior to Maturity Date; Survival. So long as the Collateral Agent and Lenders agree that Borrower has indefeasibly satisfied the Obligations, in full, in cash (other than inchoate indemnity obligations and any other obligations which, by their terms, are to survive the termination of this Agreement, and any Obligations under Bank Services Agreements that are cash collateralized in accordance with Section 4.1 of this Agreement), this Agreement may be terminated prior to the Maturity Date by Borrower, effective five (5) Business Days after written notice of termination is given to Collateral Agent and the Lenders. All covenants, representations and warranties made in this Agreement continue in full force and effect until this Agreement has terminated pursuant to its terms and all Obligations (other than inchoate indemnity obligations and any other obligations which, by their terms, are to survive the termination of this Agreement) have been satisfied. Without limiting the foregoing, except as otherwise provided in Section 4.1, the grant of security interest by Borrower in Section 4.1 shall survive until the termination of all Bank Services Agreements. The obligation of Borrower in Section 12.2 to indemnify each Lender and Collateral Agent, as well as the confidentiality provisions in Section 12.9 below, shall survive until the statute of limitations with respect to such claim or cause of action shall have run.

Appears in 1 contract

Sources: Loan and Security Agreement (Senseonics Holdings, Inc.)

Termination Prior to Maturity Date; Survival. So long as the Collateral Agent and Lenders agree that Borrower has indefeasibly satisfied the Obligations, in full, in cash (other than inchoate indemnity obligations obligations, and any other obligations which, by their terms, are to survive the termination of this Agreement, and any Obligations under Bank Services Agreements that are cash collateralized in accordance with Section 4.1 of this Agreement), this Agreement may be terminated prior to the Maturity Date by Borrower, effective five three (53) Business Days after written notice of termination is given to Collateral Agent and the LendersAgent. All covenants, representations and warranties made in this Agreement continue in full force and effect until this Agreement has terminated pursuant to its terms and all Obligations (other than inchoate indemnity obligations and any other obligations which, by their terms, are to survive the termination of this Agreement) have been satisfied. Without limiting the foregoing, except as otherwise provided in Section 4.1, the grant of security interest by Borrower in Section 4.1 shall survive until the termination of all Bank Services Agreements. The obligation of Borrower in Section 12.2 to indemnify each Lender and Collateral Agent, as well as the confidentiality provisions in Section 12.9 below, shall survive until the statute of limitations with respect to such claim or cause of action shall have run.

Appears in 1 contract

Sources: Loan and Security Agreement (Kura Oncology, Inc.)