Financing Option. During each of the first five years of the Term, Landlord shall, at Tenant’s request, offer financing to Tenant for up to $30,000,000 per year of (i) expenditures relating to Alterations not including appliances or personal property, (ii) the acquisition and/or development of a healthcare facility that will, upon acquisition, become a part of the Premises and be a Facility that is leased by Tenant hereunder, (iii) uninsured losses expended by Tenant pursuant to Section 12.6, (iv) restoration costs expended by Tenant pursuant to Section 13, or (v) expenditures relating to the BSA Emergency Department Project (each such Alteration obtained in connection with such financing being referred to herein as “Financed Alterations”). In the event that Tenant elects to avail itself of such financing, or such acquired Facility, as applicable, Tenant shall enter into with Landlord, forthwith, and in any event prior to disbursement or advance of any of the cost of such Financed Alteration, (i) at Landlord’s option, if applicable, a construction development and completion agreement or a construction loan agreement and a purchase agreement, which shall set forth Landlord’s then standard terms and conditions respecting such disbursements or advances (as may be modified by mutual agreement of Landlord and Tenant) and (ii) an amendment to this Lease, providing for increases in Minimum Rent with respect to the applicable Facility equal to the product of (y) the amount disbursed by Landlord on account of the Financed Alteration times (z) 7.5%. Any such Alterations shall immediately become a part of the Premises upon completion and shall not count toward the requirements set forth in Section 6.4 above. Tenant shall pay all reasonable and documented third party costs, fees and expenses (including fees and costs of outside attorneys) incurred by Landlord in connection with the review of the Financed Alteration and with the preparation, negotiation and execution of all documents related thereto. Notwithstanding anything to the contrary contained herein, Financed Alterations shall include only non-recurring expenditures, including without limitation the addition of a patient tower, refurbishment of an emergency room, and other structural changes to the Premises that may be required by Legal Requirements.
Financing Option. Prior to the closing of the merger, Purchaser shall have until September 29, 2000 to purchase up to $5,000,000 of the Seller's common stock at $.20 per share."
2. Except as modified by this Agreement, all terms and conditions of the Letter of Intent are hereby reaffirmed.
Financing Option. The Developers shall have the right, but not the obligation, to invest in any equity or debt financing related to the Monterde Project in percentage amounts equal to their respective percentage interest in the outstanding shares of KRI acquired pursuant to Section 3.03 above. Provided, however, that the Developers' resulting interests and those of Affiliates or parties with whom they have a voting agreement for the voting of KRI shares do not collectively exceed 25% of the then outstanding shares of KRI. KRI will give the Developers notice of its intention to carry out a financing and the Developers shall have ten (10) business days in which to declare their intentions to KRI.
Financing Option. If Customer elects to lease the pertinent Products and/or Services, Customer:
i. Xxxxx inform Xxxxxx of such election no later than the time that the pertinent Order is executed to avoid being liable for sales tax on the Products and/or Services provided under the pertinent Order; and
ii. May assign an Order to a financing company for the sole purpose of financing the Price, provided that Customer agrees that any such assignment shall not delay or relieve Customer of its duty to perform any of its obligations under this Agreement (including, but not limited to, liability for amounts owed under this Agreement). Customer further agrees that it shall not take any action, or refuse to take any action, that delays Seller’s receipt of payment from Customer’s financing company.
Financing Option. 10.1 Within 75 days of receiving a Production Notice, Rimfire may request that Evanachan arrange project financing required for Mine Costs (the “Financing Option”), in return for an additional undivided 5% legal and beneficial Interest in the Property on the terms and conditions described in this Section 10.0.
10.2 In order to exercise the Financing Option, Evanachan shall:
(a) have delivered the Production Notice to Rimfire; and
(b) arrange project financing for the Mine Costs as set out in the Feasibility Report, with Rimfire’s portion of the project financing to be recovered solely from 80% of Rimfire’s share of free cash flow from the Mining Operations and which Evanachan will use best efforts to arrange (for both Participants based on prevailing market conditions).
10.3 Upon Evanachan having arranged project financing, Evanachan shall have exercised the Financing Option and Rimfire shall transfer to Evanachan an additional undivided 5% legal and beneficial Interest in the Property, free and clear of any liens, charge, encumbrances or underlying agreements or interests, subject only to the applicable terms of the Underlying Royalties. In addition, the respective Costs attributed to each Participant shall be adjusted so that, subject to Section 7.10, the Interest of each Participant will be that percentage which is equivalent to its Costs expressed as a percentage of the Costs of all Participants.
10.4 If Evanachan fails to arrange project financing and does not exercise the Financing Option, Evanachan will retain its then current Interest.
Financing Option. 4.1 Highwater represents that its Board has considered the Convertible Loan terms attached as Exhibit A and that its Board has found such terms to be a fair starting place for discussions between the Parties should Highwater wish to secure financing or equity investment from Butamax and in the event that Butamax in its sole discretion decides to provide such financing or investment to Highwater based on the facts available at the time. Each Party expressly agrees and acknowledges that neither this Section 4.1 nor Exhibit A contains or creates any express or implied obligation or commitment for either Party to enter into discussions or negotiations about or enter into an agreement for (i) the Convertible Loan or (ii) any other financing or equity investment from Butamax to Highwater.
Financing Option. 7.2.1 Provided that Evanachan has exercised the Second Option, and the joint venture has not yet been formed pursuant to Section 7.1, within 75 days of receiving a Production Notice (as defined in the joint venture agreement attached as Schedule B), Rimfire may request that Evanachan arrange project financing required for mine costs (the “Financing Option”), in return for an additional undivided 5% legal and beneficial interest in the Property on the terms and conditions described in this Section 7.2.
7.2.2 In order to exercise the Financing Option, Evanachan shall:
(a) have delivered the Production Notice to Rimfire; and
(b) arrange project financing for the mine costs as set out in the Feasibility Study, with Rimfire’s portion of the project financing to be recovered solely from 80% of Rimfire’s share of free cash flow from the mining operations and which Evanachan will use best efforts to arrange (for both Evanachan and Rimfire based on prevailing market conditions).
7.2.3 Upon Evanachan having arranged project financing, Evanachan shall have exercised the Financing Option and Rimfire shall transfer to Evanachan an additional undivided 5% legal and beneficial Interest in the Property, free and clear of any liens, charge, encumbrances or underlying agreements or interests, subject only to the applicable terms of the Underlying Royalties.
7.2.4 If Evanachan fails to arrange project financing and does not exercise the Financing Option, Evanachan will retain its then current interest in the Property.
Financing Option. AML shall procure that the Company shall grant and the Company hereby grants to APB (and/or to such other member or members of the APB Group as may from time to time be nominated by APB by notice in writing from APB) an option (the "Finance Option") to subscribe for, with effect on the date of exercise of the Finance Option, the Finance Shares.
Financing Option. As a further material inducement to Executive’s acceptance of employment with the Company, subject to approval by the Board or the Compensation Committee of the Board, if, on or before December 31, 2024, the Company receives net proceeds from one or more equity financings that the Board or the Compensation Committee, in their reasonable good faith judgment, determine are sufficient to provide the Company with working capital to fund its operations through the end of fiscal year 2025 (a “Qualified Financing”), then Executive will be granted an additional stock option to purchase 340,000 shares of the Company’s common stock (the “Financing Option”). The Financing Option will be granted on or about the first trading day in an open window under the Company’s xxxxxxx xxxxxxx policy following the date of the Qualified Financing and with an exercise price per share equal to the per share fair market value of the Company’s common stock on the date of grant. The Financing Option will be granted pursuant to the Plan and will vest according to the same vesting schedule as the Initial Option. The Financing Option will be subject to the terms and conditions of the Plan and any form of stock option agreement issued thereunder.
Financing Option. At its option, subject to Section 1.01(f), Greenbrook may finance the purchase of any New System with a down payment of [***] and the balance paid in equal installments over thirty-six (36) monthly payments (each a “Monthly Payment”), which Monthly Payment Greenbrook will pay for each New System on the first day of each calendar month beginning on the first day of the first calendar month that is at least thirty (30) days after the date of shipment, whether or not Neuronetics invoices Greenbrook for such payments.
