Lender Warrants. As a condition to the effectiveness of this Agreement, the Borrower shall deliver to the Agent, for the benefit of the Lenders, common stock purchase warrants entitling each Lender to purchase its ratable share of 10.0% of the fully diluted equity of the Borrower, subject to adjustment pursuant to the terms and conditions set forth therein (the "Lender Warrants"). Notwithstanding anything to the contrary in the Lender Warrants, the Lender Warrants may only be transferred by a Lender in connection with a transfer of the Note of such Lender (or part thereof), such transfer of the Lender Warrants to be on a pro rata basis calculated based upon the ratio of the number of shares of common stock referenced in such Lender Warrant to the Commitment of such Lender on the date the Lender Warrants were issued.
Lender Warrants. Lender Warrants means the Common Stock Purchase Warrant issued to The First National Bank of Boston, as agent for the Lenders, pursuant to the Lender Subscription Agreement, and any warrant or warrants issued upon transfer, exchange or replacement thereof.
Lender Warrants. Holdings shall have issued the Lender Warrants.
Lender Warrants. Unless the Loans are paid in full and the Commitments terminated, the Borrower, within 45 days of receiving a written request for the issuance of Lender Warrants from the Agent on behalf of the Required Lenders, shall issue to the Lenders warrants (the "Lender Warrants") representing 10% of the fully diluted common equity of the Borrower (or such lesser percentage as may be dictated by the decision of one or more Lenders to refuse Lender Warrants) and having the following characteristics:
Lender Warrants. DDi Corp. shall have issued the Lender Warrants pursuant to the Lender Warrant Agreement, and the Lender Warrants shall have been delivered to the escrow agent under and pursuant to the Escrow Agreement.
Lender Warrants. For the avoidance of doubt, none of the provisions of this Agreement shall restrict the issuance of the Lenders Warrants or the transfer of the Lender Warrants to any Person or otherwise restrict any holder of Lender Warrants from exercising the Lender Warrants or acquiring or transferring any Equity Interest upon or following the exercise thereof.
Lender Warrants. The Lender Warrants shall have been issued to the Lenders and the related registration rights agreement shall have been executed in respect of the Lender Warrants in form and substance reasonably acceptable to the Lenders.
Lender Warrants. 1. “Xxxxx” warrants to purchase an aggregate number of common shares of Borrower equal to 10% of Borrower’s fully diluted equity determined as of the Fifth Amendment effective date (the “Xxxxx Warrants”); and 2. Warrants to purchase an aggregate number of common shares of Borrower equal to 5% of Borrower’s fully diluted equity determined as of the Fifth Amendment effective date with an exercise price of $1.00 (the “Dollar Warrants” and, together with the Xxxxx Warrants, the “Lender Warrants”); in each case subject to the provisions of a Warrant Agreement reasonably acceptable to Borrower and the Required Lenders; provided, that the Warrant Agreement for all such Lender Warrants shall include (i) an Exercise Period for the Xxxxx Warrants beginning on April 1, 2024 and ending on December 31, 2025 and an Exercise Period for the Dollar Warrants beginning on April 1, 2024 and ending on December 31, 2026, and (ii) antidilution protection with respect to (A) the Qualifying Equity Capital Raise, (B) any equity securities issued to Somerset Operating Company, LLC in exchange for a 5-year extension of the initial lease term, and (C) any equity or equity-linked securities issued by Borrower in exchange for up to $5 million following completion of the Qualifying Equity Capital Raise. The Company shall grant to the Lenders customary registration rights in respect of shares issuable upon exercise of the Lender Warrants pursuant to a registration rights agreement reasonably acceptable to the Lenders (the “Registration Rights Agreement”).
Lender Warrants. Borrower shall issue to Lenders and Senior Lender, each in accordance with their share of the Commitment and the Senior Convertible Loan, respectively, warrants, in the form attached as Exhibit “E” (the “Lender Warrants”), in the aggregate amount of 15,000,000. Such Lender Warrants shall bear an exercise price of $.04 per share of Borrower’s common stock and shall be exercisable for a period of ten (10) years from the Closing Date.
Lender Warrants. The Lender Warrants shall have been executed by Borrower and delivered to Lender Representative as of the Closing Date.
