Examples of Subsequent Financing in a sentence
For purposes of clarification, the preceding sentence shall not be applicable to Buyer in the event that Xxxxxx Global LLC (“Xxxxxx”) participates in a Subsequent Financing pursuant to that certain Securities Purchase Agreement dated December 29, 2023, as disclosed in a Current Report on Form 8-K on January 2, 2024 (the “Xxxxxx Transaction”).
If by the Notice Termination Time, notification by Buyer of its willingness to participate in the Subsequent Financing is less than the total amount of the Participation Maximum, then the Company may effect the remaining portion of such Subsequent Financing on the terms and with the Person or Persons set forth in the Subsequent Financing Notice.
Upon the request of Xxxxx, and only upon a request by Xxxxx, for a Subsequent Financing Notice, the Company shall promptly, but no later than one Trading Day after such request, deliver a Subsequent Financing Notice to Buyer.
If the Company receives no such notice from Buyer as of the Notice Termination Time, Buyer shall be deemed to have notified the Company that it does not elect to participate in the Subsequent Financing.
Between five and ten Trading Days prior to the closing of any Subsequent Financing, the Company shall deliver to Buyer a written notice of its intention to effect a Subsequent Financing (“Pre-Notice”), which Pre-Notice shall request that the Buyer advise the Company if Buyer wishes to receive and review an additional notice that includes details of such Subsequent Financing as specified below (such additional notice, a “Subsequent Financing Notice”).