Contingent Financing Clause Samples
The Contingent Financing clause establishes the terms under which funding or financial support is provided only if certain specified conditions or events occur. In practice, this means that a party's obligation to provide financing is triggered by milestones such as regulatory approval, achievement of project benchmarks, or the occurrence of external events like securing additional investors. This clause is essential for managing risk and ensuring that financial commitments are only made when predefined criteria are met, thereby protecting parties from premature or unnecessary financial exposure.
Contingent Financing. 21 Control...................................................................
Contingent Financing. Notwithstanding anything in this Agreement to the contrary, if, at any time, and from time to time, prior to any written notice from NAV CANADA US Subsidiary of its election not to fund any NAV CANADA Financing in accordance with the terms of Section 3.6.3, the Company’s Board of Directors determines that it is in the best interest of the Company to obtain bridge financing, then (i) the Company may obtain such bridge financing [***] (“Contingent Financing Option A”), or (ii) if the Company is unable to obtain Contingent Financing Option A after the use of commercially reasonable efforts to obtain such Contingent Financing Option A, then [***] (“Contingent Financing Option B”; together with Contingent Financing Option A, collectively or individually, a “Contingent Financing”).
Contingent Financing. Fees are payable upon satisfying the return threshold with respect to any financing obtained or assumed by the Company or its Subsidiaries prior to satisfaction of the return threshold and at the closing of new financing following satisfaction of the return threshold. For the avoidance of doubt, in the event of a Merger, the Contingent Financing fee will be payable immediately prior to the closing of the Merger if the return threshold would be satisfied upon closing of the Merger.
Contingent Financing. If [***], then, if at any time and from time to time [***], the Company’s Board of Directors determines that it is in the best interest of the Company to obtain bridge financing (and NAV CANADA US Subsidiary has not prior to such time elected not to fund any NAV CANADA Financing in accordance with the terms of Section 3.6.3), then (i) the Company may obtain such bridge financing (the “Contingent Financing Option A”) [***], or (ii) if the Company is unable to obtain Contingent Financing Option A as described in the foregoing clause (i) of this Section 3.6.4, after the use of commercially reasonable efforts to obtain such Contingent Financing Option A, then NAV CANADA US Subsidiary shall have the option, exercisable at its sole discretion, to extend such additional financing to the Company (“Contingent Financing Option B”; together with Contingent Financing Option A, collectively or individually, a “Contingent Financing”), [***], in exchange for issuance by the Company of additional Preferred Interests, in an aggregate amount not to exceed 19% of the Fully Diluted Company Voting Interests, at a price equal to $[***] per basis point (i.e., one one-hundredth of one percent (.01%)) (for an aggregate amount of $[***] assuming full exercise of such option) (subject to any adjustment necessary for any Interest split, combination, reclassification or similar events).
Contingent Financing i. Maximum availability term of six (6) months that may be ex- tended upon the debtor’s request by two periods of up to six