5Use of Proceeds. The proceeds of the Initial Notes issued and sold on the Closing Date shall be applied by Company to fund the repayment in full of the Existing Indebtedness, with the remainder to be applied by the Company for working capital and general corporate purposes. The proceeds of the Additional Notes issued and sold on the Additional Notes Closing Date shall be applied by Company to expand its rental fleet by 12.5 megawatts (MW) and for general corporate purposes. Notwithstanding anything to the contrary in this Agreement, no proceeds of the sale of the Notes may be used in any manner that conflicts with Section 4.18(b) or Section 4.26(a).
5Use of Proceeds. The Loan Parties will use the Letters of Credit and the proceeds of the Loans only in accordance with Section 2.7 [Use of Proceeds] and as permitted by applicable Law.
5Use of Proceeds. (a)Subject to the allocation of funds at the Initial Closing as set forth in Section 1.5 (b) below, assuming the full Offering amount is raised, the Company intends to use the proceeds from the sale of the Notes and Warrants for the repayment of outstanding indebtedness, to fund strategic merger and acquisition related activities and for general working capital purposes, all as set forth in the use of proceeds schedule to be agreed to by the Parties (“Use of Proceeds Schedule”). To assist in the private placement of the Notes and Warrants, the Company may enter into placement agreements with one or more registered broker-dealers which will provide for a broker’s fee, or a commission in the form of cash and securities to be issued by the Company.
5Use of Proceeds. Section 2.5 of the Agreement is hereby amended by adding the following Section 2.5(n):
5Use of Proceeds. 63 2.6Special Provisions Governing Eurodollar Rate Loans.... 63 2.7 Increased Costs; Taxes; Capital Adequacy............ 65 2.8 Obligation of the Lenders to Mitigate............... 69 2.9
5Use of Proceeds. Use the entire proceeds of the Obligations only to refinance existing Indebtedness of the Company, for general corporate purposes of the Company and its Subsidiaries and to finance Permitted Acquisitions. The Company will not, and will not permit any Subsidiary to, use any of the proceeds of the Loans to purchase or carry any “margin stock” (as defined in Regulation U). The Company will not, directly or indirectly, use the proceeds of the Loans, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other Person, (a) in furtherance of an offer, payment, promise to pay, or authorization of the payment or giving of money, or anything else of value, to any Person in violation of any Anti-Corruption Laws or (b)(i) to fund any activities or business of or with any Person, or in any country or territory, that, at the time of such funding, is the subject of Sanctions, or (ii) in any other manner that would result in a violation of Sanctions by any Person (including any Person participating in the Loans, whether as lender, underwriter, advisor, investor, or otherwise).
5Use of Proceeds. The Company intends to use the net proceeds from the sale of the Securities hereunder for research, development, working capital, and other general corporate purposes.
5Use of Proceeds. Company shall use the proceeds of the Notes for only the following purposes: (a) for working capital and general corporate purposes, (b) to pay interest, premiums, fees and expenses payable hereunder and under the other Note Documents, (c) to pay the Transaction Costs, including but not limited to the costs and expenses pursuant to Section 10.2, (d) solely with respect to the Roll Up Notes, to effectuate the conversion of the DIP Obligations as provided in Section 2.1(a)(ii).
5Use of Proceeds. The Issuer will use the proceeds from the PIPE Investment to fund acquisitions and for growth capital and general corporate purposes.
5Use of Proceeds. The Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, or (c) in violation of FCPA or OFAC regulations.
