Equity Funding. The Equity Contribution Agreement shall continue to be in full force and effect and, to the Borrower’s knowledge, no material breaches or defaults have occurred and are continuing thereunder.
Equity Funding. The Owner Participant will advance (a) its Equity Investment and (b) amounts necessary to pay all Transaction Expenses.
Equity Funding. At least $1,825,800,000 shall have been contributed to the Borrower either (i) prior to the Closing Date (and verified in writing by the Independent Engineer) or (ii) on the Closing Date and deposited into the Construction Account (as verified by the Account Bank) concurrently with the consummation of the transactions contemplated by the Transaction Documents (any such Equity Funding contemplated by this clause (z)(ii), the “Closing Date Equity Funding”);
Equity Funding. The Company shall have received evidence of (i) the funding of all of the Investment Commitments (as defined in the Equity Commitment Letter) into the Escrow Account (as defined in the Equity Commitment Letter) in accordance with the Equity Commitment Letter, (ii) the funding of all Backstop Commitments (as defined in the Backstop Agreement) into the Escrow Account (as defined in the Backstop Agreement) in accordance with the Backstop Agreement, (iii) the funding of all amounts subscribed for and payable by the Rights Holders (as defined in the Backstop Agreement) in the Rights Offering, if any, into the Escrow Account (as defined in the Backstop Agreement) in accordance with the Backstop Agreement, (iv) each of the Purchasers having delivered joint written instructions to the Escrow Agent (as defined in the Equity Commitment Letter) stating that (A) the Escrow Agent shall draw the full amount of each Qualifying Letter of Credit (as defined in the Equity Commitment Letter) at the First Closing and (B) the funds held in such Escrow Account (including all such amounts drawn under the Qualifying Letters of Credit), other than funds in an amount equal to the OV2 Investment Commitment (as defined in the Equity Commitment Letter), shall be released to Parent at the First Closing in accordance with this Agreement and (v) Parent having delivered written instructions to the Subscription Agent (as defined in the Backstop Agreement) stating that (A) the Subscription Agent shall draw the full amount of each Qualifying Letter of Credit (as defined in the Backstop Agreement) at the First Closing and (B) the funds held in such Escrow Account (including all such amounts drawn under the Qualifying Letters of Credit) shall be released to Parent at the First Closing in accordance with this Agreement.
Equity Funding. Acquiror will use its best efforts to raise a minimum of $800,000 (or such lesser amount as provided in this section) or maximum of $2,300,000 ("Equity Funding") of net proceeds from the proposed issuance of convertible preferred stock and Common Stock. No more than 1,000,000 shares of Common Stock shall be issued or reserved for issuance in connection with the offering and the per share price of Common Stock shall be no less than $3.00 a share. Any preferred stock sold shall bear a per annum dividend rate of no greater than 10 3/4%. In the event that one or more of the debt holders listed on Schedule 9.12 elects to convert his or her debt into Preferred Stock at the closing, then the $800,000 minimum shall be reduced by the amount of debt converted pursuant
Equity Funding. The Purchasers (as defined in the Purchase Agreement) shall have purchased from the Company for cash Preferred Stock pursuant to the Purchase Agreement in an amount equal to at least $29,002,531.
Equity Funding. (a) Subject to the terms and conditions of this Agreement, Parent and Merger Sub shall take, or cause to be taken, all actions and do, or cause to be done, all things necessary, proper or advisable to arrange and obtain the Equity Commitment, and shall not permit any amendment or modification to be made to, or any waiver of any provision or remedy under, the Equity Commitment if such amendment, modification or waiver would (i) reduce the aggregate amount of the Equity Funding, or (ii) impose new or additional conditions, or otherwise amend, modify or expand any conditions, to the receipt of the Equity Funding, in any such case of (i) or
Equity Funding. (a) The Guarantor or Affiliates of the Guarantor shall purchase on or before the Closing Date directly or indirectly the equity of the Buyer for an aggregate purchase price of up to approximately $250 million plus a dollar amount equal to the transaction-related fees and expenses (the “Equity Funding”).
(b) The Guarantor may allocate a portion of its investment to co-investors (the “Equity Financing”) but will be responsible for the entire amount. The Guarantor’s obligations under this Section 4.9 are subject to:
(i) the satisfaction or waiver in writing by the Buyer of the closing conditions set forth in Sections 5.1 and 5.2 (other than that contained in Sections 5.2(b) and 5.2(g)) and the Company being ready, willing and able to satisfy the closing conditions set forth in Sections 5.2(b) and 5.2(g); and
(ii) the provisions of Section 4.9(c).
(c) Notwithstanding anything in this Section 4.9 to the contrary, in the event of a failure by the Guarantor to perform its obligations under this Section 4.9, regardless of the reason:
(i) the liability of the Buyer under this Agreement shall be limited to its obligation to pay the $20,000,000 amount when and as and only when and as specified in Section 7.3(a) and its obligation under the last sentence of Section 4.8(b), and the liability of the Guarantor shall be limited to its guarantee of the Obligations under Section 4.10; and
(ii) neither the Buyer nor the Guarantor shall have any liability for any breach by the Guarantor of this Section 4.9 unless all of the closing conditions set forth in Sections 5.1 and 5.2 (other than those contained in Sections 5.2(b) and 5.2(g)) have been satisfied or waived in writing by the Buyer and either (1) the Company is ready, willing and able to satisfy the closing conditions set forth in Sections 5.2(b) and 5.2(g) or (2) the closing condition set forth in Section 5.3(a) or Section 5.3(d) has not been satisfied or waived in writing by the Company or the Buyer is not ready, willing and able to satisfy the closing conditions set forth in Sections 5.3(b) and 5.3(c).
Equity Funding. 27 SECTION 4.7
Equity Funding. Any additional funds raised by ATS, whether pursuant to Section 5(c) hereof or otherwise, shall be in consideration for the issuance of equity securities of ATS (including warrants and options but excluding convertible notes).
