Acceleration of Term Sample Clauses

Acceleration of Term. Notwithstanding the term of this Warrant Agreement fixed pursuant to Section 2(a) hereof and the provisions of Section 8(a) below, the right to purchase Preferred Stock as granted herein shall expire, if not previously exercised, immediately upon either: (i) the closing of the issuance and sale of shares of Common Stock of the Company in the Company's first public offering of securities for its own account pursuant to an effective registration statement under the Securities Act of 1933, as amended (the "Initial Public Offering"), provided that the Common Stock issuable to Warrantholder upon the automatic conversion from Preferred Stock issuable to Warrantholder upon exercise hereof shall be included in such registration statement only upon request of Warrantholder; or (ii) a merger of the Company with or into another corporation provided that such merger results in a per share value of $6.00 or more for Lessee's stock (the "Accelerating Merger"). 2 The Company shall notify the Warrantholder if the Initial Public Offering or Accelerating Merger is proposed, within a reasonable period of time prior to the filing of a registration statement or a firm commitment with respect to an Accelerating Merger, as applicable, and i. the Company fails to deliver such written notice within a reasonable period of time, anything to the contrary in this Warrant Agreement notwithstanding, the rights to purchase will not expire until ten (10) business days after the Company delivers such notice to the Warrantholder. Such notice shall also contain such details of the proposed Initial Public Offering or Accelerating Merger as are reasonable in the circumstances and notice that this warrant Agreement is expected to expire upon closing thereof. If such closing does not take place, the company shall promptly notify the warrantholder that such proposed transaction has been terminated. Anything to the contrary in this Warrant Agreement notwithstanding, the Warrantholder may rescind any exercise of its purchase rights promptly after such notice of termination of the proposed transaction if the exercise of Warrants occurred after the Company notified the Warrantholder that the Initial Public Offering or Accelerating Merger was proposed or if the exercise were otherwise precipitated by such proposed Initial Public Offering or Accelerating Merger. In event of such rescission, the Warrants will continue to be exercisable on the name terms and conditions.
AutoNDA by SimpleDocs
Acceleration of Term. The Sponsor acknowledges and agrees that upon final adoption of changes to OAC 0000-000-00 by the State Board of Education, the Sponsor and Department shall enter into an amendment to the Agreement that conforms to the terms of such administrative rule and failure of the Sponsor to enter into such amendment to the Agreement within a reasonable time period may trigger paragraph 10 of this Agreement, to the extent applicable.
Acceleration of Term. Notwithstanding the term of this Warrant Agreement fixed pursuant to Section 2(a) hereof and the provisions of Section 8(a) below, the right to purchase Preferred Stock as granted herein shall expire, if not previously exercised, immediately upon either: (i) the closing of the issuance and sale of shares of Common Stock of the Company in the Company's first public offering of securities for its own account pursuant to an effective registration statement under the Securities Act of 1933, as amended (the "Initial Public Offering"), provided that the Common Stock issuable to Warrantholder upon the automatic conversion from Preferred Stock issuable to Warrantholder upon exercise hereof shall be included in such registration statement only upon request of Warrantholder; or (ii) a merger of the Company with or into another corporation provided that such merger results in a per share value of $6.00 or more for Lessee's stock (the "Accelerating Merger").

Related to Acceleration of Term

  • Expiration of Term During the Initial Term or Renewal Term, whichever currently is in effect, should either party exercise its right to terminate, all out-of-pocket expenses or costs associated with the movement of records and material will be borne by the Fund. Additionally, the Transfer Agent reserves the right to charge for any other reasonable expenses associated with such termination.

  • Extension of Termination Date (a) The Borrower shall have the right, exercisable no more than twice, to request an extension of the current Termination Date by one year. The Borrower may exercise such right only by executing and delivering to the Agent at least 60 days, but no more than 90 days, prior to any anniversary of the Closing Date commencing with the first anniversary thereof (the “Extension Date”), a written request for such extension (an “Extension Request”). The Agent shall forward to each Lender a copy of the Extension Request delivered to the Agent promptly upon receipt thereof. Borrower understands that this Section has been included in this Agreement for Borrower’s convenience in requesting an extension and acknowledges that none of Lenders nor Agent has promised (either expressly or impliedly), nor has any obligation or commitment whatsoever, to extend the Termination Date at any time. If the Required Lenders shall have notified Agent on or prior to the date which is 30 days prior to the Extension Date that they accept such Extension Request, then, subject to the following conditions on the Extension Date (i) no Default or Event of Default shall exist and (ii) the representations and warranties made or deemed made by the Borrower in the Loan Documents, shall be true and correct in all material respects on and as of the date of such extension with the same force and effect as if made on and as of such date except to the extent that such representations and warranties expressly relate solely to an earlier date (in which case such representations and warranties shall have been true and correct in all material respects on and as of such earlier date) and except for changes in factual circumstances not prohibited under the Loan Documents, the Termination Date shall be extended for one year with respect to the Commitment of each Lender accepting such Extension Request. If any Lender shall not have notified Agent on or prior to the date which is 30 days prior to the Extension Date that it accepts such Extension Request (or it expressly rejects such Extension Request), then the Termination Date shall not be extended with respect to the Commitment of such rejecting Lender (each such Lender a “Rejecting Lender”). The Agent shall promptly notify Borrower whether the Extension Request has been accepted or rejected as well as which Lender or Lenders rejected Borrower’s Extension Request.

  • Extension of Term Provided Exporter's goods and services are in demand and Exporter is processing sales generating Transaction Fees, as set forth in Section 6, within fifteen (15) years from the Effective Date, Exporter shall have an option to (a) continue with its membership under Section 2 at no additional fee, or (b) option of developing single point of sales, distribution, networking, and logistics facilities separate and distinct from AmericaTowne for a mutually agreeable reduced rate, which shall be agreed upon in writing prior to thirty (30) days from the termination of fifteen (15) years from the Effective Date. The Exporter has the option of choosing option (b) above at its discretion.

  • Amortization of Term Loans (a) Subject to adjustment pursuant to paragraph (c) of this Section, the Borrower shall repay Term Borrowings on the last day of each September, December, March and June (commencing on March 31, 2014) in the principal amount of Term Loans equal to (i) the aggregate outstanding principal amount of Term Loans immediately after closing on the Closing Date multiplied by (ii) 0.25%; provided that if any such date is not a Business Day, such payment shall be due on the next preceding Business Day.

  • Effects of Termination Upon the termination of this Agreement for any reason:

Time is Money Join Law Insider Premium to draft better contracts faster.