New Equity Financing definition

New Equity Financing means the purchase by the New Equity Investor pursuant to the Investment Agreement of Common Stock of New GP for an aggregate purchase price in cash equal to the sum of (i) $10,000,000, plus (ii) the Common Stock Standby Commitment Amount, plus (iii) plus the aggregate amount to be paid to holders of Eligible Allowed Unsecured Claims with respect to which the Cash Election is validly made if all such Eligible Allowed Unsecured Claims remain Allowed. The purchase price per share for shares purchased as described in clauses (i) and (ii) is $9.340033.

New Equity Financing means the equity financing contemplated by the Memorandum of Terms dated September 30, 2009 among the Company and the other parties thereto.”

New Equity Financing means the issuance by the Company of new common equity securities of the Company, or securities convertible into, or exercisable or exchangeable for, such common equity securities other than issuances of equity securities (a) pursuant to stock incentive or compensation plans approved by the Board, (b) upon exercise of convertible instruments outstanding immediately following the closing of the Merger, (c) as consideration for business acquisitions by the Company or a subsidiary of the Company approved by the Board, (d) in connection with debt or lease financings approved by the Board or (e) in the Initial Public Offering.

Examples of New Equity Financing in a sentence

• The Investors agree that the Voting Agreement-Investors will be terminated in its entirety effective immediately prior to the consummation of the New Equity Financing.

• Each party hereto hereby agrees that entry into the Letter Agreement and Credit Documents Amendment and the transactions contemplated thereby (including the Pre-Closing Financing and the New Equity Financing) do not require additional disclosures by the Company under the Agreement or constitute a breach by the Company of any covenant or representation or warranty under the Agreement.

• The Company and the Purchasers agree that the following amendments to the Purchase Agreement will become effective immediately prior to the consummation of the New Equity Financing.

• The Investors and the Company agree that the changes to the defined terms in the Agreement effected by Section 3 of this Amendment will become applicable to the Voting Agreement-Management effective immediately prior to the consummation of the New Equity Financing.

• The Company and the Investors who are holders of Preference Shares agree that the following amendments to the terms of the Preference Shares, a copy of which is attached hereto as Exhibit B, will become effective immediately prior to the consummation of the New Equity Financing.

More Definitions of New Equity Financing

New Equity Financing means at least $8.6 million equity financing raised by the Corporation concurrently with or immediately prior to the issuance of the New Note.

New Equity Financing means the issuance by Holdings of additional equity -------------------- securities of Holdings, or securities convertible into, or exercisable or exchangeable for, such equity securities other than issuances of equity securities in connection with (a) stock incentive or compensation plans approved by the Board, (b) business acquisitions by Holdings (c) issuances in connection with debt or lease financings approved by the Board, (d) any redemption as contemplated by the Certificate of Incorporation (e) any exercise of any options or warrants outstanding as of the date hereof and (f) issuances of Common Stock in connection with the Initial Public Offering.

New Equity Financing means a financing transaction in which the Company issues New Equity Securities to any venture capital, institutional or strategic investor(s) with the consent of the Majority Note Holders, but excludes any transaction in which a sale of securities is not the principal transaction.

New Equity Financing means the equity financing contemplated by the Memorandum of Terms dated September 30, 2009 among the Company and the other parties thereto. “Securities” means the First Closing Securities. (b) Article 8 will be amended to replace the definition of “Special Rights Termination Event” with the following definition: “Special Rights Termination Event” shall mean the consummation of the New Equity Financing. (c) Article 6 will be terminated in its entirety and the terms defined in Article 8 that are used only in Article 6 will be deleted. (d) Section 10.15 will be terminated in its entirety. 4.

New Equity Financing the receipt by the Guarantor of at least $150,000,000 in gross cash proceeds from the issuance and sale of its common stock after the Closing Date to Persons other than the Permitted Investors and other than pursuant to the share rights offering described in subsection 14.12.

New Equity Financing means an equity financing in one or more closings consummated by Borrower after the date of this Agreement whereby Borrower receives an aggregate of at least $10,000,000 in gross proceeds.

New Equity Financing means the receipt by the Parent of at least $150,000,000 in gross cash proceeds from the issuance and sale of newly-issued shares of Common Stock after the Closing Date to Persons other than the Permitted Investors and "Management Investor" means, collectively, the officers, directors, employees and other members of the management of the Parent, the Company or any Subsidiary of the Company, or immediate family members or relatives thereof, or trusts or partnerships for the benefit of any of the foregoing, or any of their heirs, executors or legal representatives, who at any particular date shall beneficially own or have the right to acquire, directly or indirectly, common stock of the Parent or the Company.