Examples of Financing Deadline in a sentence
AVROBIO shall notify BioMarin of the completion of the Preferred Stock Financing within [***] after such completion and shall notify BioMarin of any failure to complete the Preferred Stock Financing no later than [***] following the Preferred Stock Financing Deadline.
In the event AVROBIO does not complete the Preferred Stock Financing by the Preferred Stock Financing Deadline and has not completed a Change of Control, then AVROBIO shall pay to BioMarin a non-creditable, non-refundable license fee of [***] within [***] of the Preferred Stock Financing Deadline in lieu of the obligation to issue Preferred Stock set forth in clause (b) above.
The Company acknowledges and agrees that if the Subsequent Equity Financing Closing does not occur by the Subsequent Equity Financing Deadline Date, it shall be an Event of Default (as defined in the Notes) under the Notes, notwithstanding the payment of the Subsequent Equity Financing Failure Payments.
Within thirty (30) calendar days of the Closing Date (the “KORR Financing Deadline Date”), the Company shall close on the additional $250,000 of debt securities to be issued in the KORR Financing (“KORR Financing Subsequent Closing”).
On the New Secured Financing Deadline, the Debtors’ Chief Restructuring Officer shall make a good-faith determination, which shall be binding on both the Debtors and the Creditors’ Committee, on whether any financing proposal (i) has a reasonably high likelihood to close on or before the Effective Date, and (ii) shall be sufficient to fund the full payment, in Cash, of the Allowed Thirty Two Claim on the Effective Date.
The New Secured Financing Deadline may be extended through July 12, 2019 upon written notice by either the Debtors or the Creditors’ Committee in their respective sole discretion.
Upon the mutual consent of the Debtors and the Creditors’ Committee, which consent shall not be unreasonably withheld, delayed, or conditioned by either party, the New Secured Financing Deadline may be extended through July 26, 2019.
In addition, the Company shall cause KORR Value L.P. to collectively provide the Purchasers such number of shares of the Company’s Series D Preferred Stock or Common Stock held by KORR Value L.P. which would be equal to 2.49% of the Company’s issued and outstanding shares of common stock on the Closing Date on the next Business Day after the KORR Financing Deadline Date.
To the extent the KORR Financing Subsequent Closing does not occur on or prior to the KORR Financing Deadline Date, then, in addition to such Purchasers’ other available remedies, an amount in cash, as partial liquidated damages and not as a penalty, equal to $1,000 on the day the KORR Financing Deadline Date and on every thirtieth (30th) day (pro rated for periods totaling less than thirty days) thereafter until the KORR Financing Subsequent Closing occurs.
Within 30 business days of the closing (the "Closing") of the Financing ("Deadline"), the Company, at its expense, will be required to (i) file with the Securities and Exchange Commission a resale registration statement on Form S-3 or (ii) amend an existing registration statement (each a "Registration Statement"), either of which will provide for the registration of the resale of the Shares and the Common Stock issuable upon exercise of the Warrants (the "Warrant Shares").