Financing Proceeds. The Company covenants that the proceeds from the issuance of the Note are to be used for the purposes set forth on Exhibit E. Any diversion or use of the proceeds other than as set forth on Exhibit E without the prior written consent of the Holder shall constitute a covenant violation ("Covenant Violation"). Upon any such Covenant Violation, the Company shall immediately repay to the Holder the entire amount of the principal amount of the Note, including any costs and expenses incurred by the Holder in enforcing its rights in connection with such Covenant Violation. Nothing contained in this Section shall be construed to restrict or limit in any way the Holder's right to seek any remedy it deems advisable against the Company for any damages, costs, expenses or losses it may sustain or to bring an action against the Company in connection with such Covenant Violation. The Company will notify the Holder orally and in writing immediately upon the occurrence of such Covenant Violation.
Financing Proceeds. Company shall not repay the Principal and Interest due under the Note through proceeds obtained by any subsequent financing provided by the Holder to the Company.
Financing Proceeds. Financing Proceeds shall be applied and distributed in the following order of priority:
Financing Proceeds. The proceeds of the Initial Project Financing; and [NOTE TO DRAFT: ADDITIONAL FINANCING PROCEEDS MAY BE ADDED AFTER THE FINANCING PLAN IS AGREED UPON.]
Financing Proceeds. On the Initial Borrowing Date and immediately prior to the incurrence of Loans hereunder, the Borrower shall have used the net cash proceeds from the Equity Financing and the Subordinated Financing to pay amounts owing in respect of the Transaction.
Financing Proceeds. The Buyer shall have received the proceeds of the debt financing for the transactions contemplated hereby (a) as contemplated by the Senior Commitment and as contemplated by Exhibit A to the Note Commitment or (b) on other terms acceptable to the Buyer in its sole discretion. The Buyer shall have entered into the Senior Secured Credit Facility contemplated by the Senior Commitments on terms acceptable to Buyer in its sole discretion.
Financing Proceeds. Within five (5) Business Days after any Loan Party or any Subsidiary receives the proceeds of any financings whether by the issuance of Debt (other than the Specified Debt) or sale of Capital Stock, the Borrower shall prepay the Notes in an amount equal to one hundred percent (100%) of the Net Cash Proceeds of such financing.
Financing Proceeds. If the Second Tranche Term Loan is made hereunder, the covenants in this subsection (b) shall apply. Borrower Representative shall deliver evidence satisfactory to Administrative Agent that Loan Parties have received Qualified Financing Proceeds of at least
Financing Proceeds. The Purchaser shall have (i) completed an offering of senior notes and (A) the gross proceeds from such offering shall have been not less than $100 million, (B) the yield on such senior notes shall have been no greater than 10% per annum, (C) the other terms and conditions of the senior notes and the related agreements shall be reasonably satisfactory to Purchaser, and (D) no equity of Purchaser or any of its Affiliates shall have been offered in connection with such senior note offering (the “Senior Notes Offering”), and (ii) entered into a credit agreement on terms and conditions consistent with the Senior Commitment and all conditions to borrow under such credit agreement shall have been satisfied.
