Delivery of Financing Commitments. Concurrently with the execution of this Agreement, Pxxxxx has delivered to the Company true and complete copies of the executed (i) Equity Commitment Letter pursuant to which Guarantor has committed, subject to the terms and conditions thereof, to invest in Parent, directly or indirectly, the cash amounts set forth therein for the purpose of funding up to the aggregate value of all payments to be made pursuant to ARTICLE 2 (the “Equity Financing”) and (ii) the Guaranty.
Delivery of Financing Commitments. Concurrently with the execution of this Agreement, Xxxxxx has delivered to the Company a true and complete copy of the executed Equity Commitment Letter, Debt Commitment Letter and each Debt Fee Letter, which Debt Fee Letters have been redacted to remove only those items related to fees, interest rates, original issue discount, pricing caps, economic provisions, specific “market flex” provisions and other commercially sensitive terms, none of which would reasonably be expected to reduce the aggregate cash proceeds of the Equity Financing and the Debt Financing to an amount that is less than what is necessary to fund the Financing Amounts, add any conditions precedent (or expand any conditions precedent set forth in the Debt Commitment Letter or any Debt Fee Letter as in effect on the date hereof) to the funding of the Debt Financing or adversely affect the enforceability of the Debt Financing.
Delivery of Financing Commitments. Concurrently with the execution of this Agreement, the Investor has delivered to the Parent a true and complete copy of the executed Equity Commitment Letter, Debt Commitment Letter and the Debt Fee Letter, which Debt Fee Letter has been redacted to remove only those items related to specific fees payable on the Closing Date to a Debt Financing Source.
