Common use of Major Transaction Clause in Contracts

Major Transaction. The Borrower shall give the Lenders notice of the consummation of a Major Transaction on the shorter of 30 days prior to such consummation or 2 days following the public announcement thereof. Within 5 days after the receipt of such notice, the Lenders, in the exercise of their sole discretion, may deliver a notice to the Borrower (the “Put Notice”), that the Final Payment shall be due and payable. If the Lenders deliver a Put Notice, then simultaneously with consummation of such Major Transaction, the Borrower shall make the Final Payment to the Lenders and upon the Lenders receipt of the Final Payment, the Obligations shall terminate. The Borrower shall not consummate any Major Transaction without complying with the provisions of this Section 5.3.

Appears in 2 contracts

Samples: Facility Agreement (MAKO Surgical Corp.), Facility Agreement (Icad Inc)

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Major Transaction. The Borrower shall give the Lenders notice of the consummation of a Major Transaction on (as defined in the shorter of Warrants) at least 30 days prior to such the consummation or thereof but in any event not later than 2 business days following the first public announcement thereof. Within The Lenders, within 5 days after the receipt of such notice, the Lenders, in the exercise of their sole discretion, may deliver a notice to the Borrower (the “Put Notice”), ) that the Final Payment shall be due and payable. If the Lenders deliver a Put Notice, then simultaneously with consummation of such Major Transaction, the Borrower shall make the Final Payment to the Lenders and upon the Lenders receipt of the Final Payment, the Obligations shall terminateLenders. The Borrower shall not consummate any Major Transaction without complying with the provisions of this Section 5.3.

Appears in 1 contract

Samples: Facility Agreement (Cytomedix Inc)

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Major Transaction. The Borrower shall give the Lenders notice of the consummation of a Major Transaction (as such term is defined in the Warrants) on the shorter of 30 days prior to such consummation or 2 days following the public announcement thereof. Within 5 days after the receipt of such notice, the Lenders, in the exercise of their sole discretion, may deliver a notice to the Borrower (the “Put Notice”), that the Final Payment shall be due and payablepayable upon consummation of such Major Transaction. If the Lenders deliver a Put Notice, then simultaneously with consummation of such Major Transaction, the Borrower shall make or cause to be made the Final Payment to the Lenders and upon the Lenders receipt of the Final Payment, the Obligations shall terminate. The Borrower shall not consummate any Major Transaction without complying with the provisions of this Section 5.3.

Appears in 1 contract

Samples: Facility Agreement (Tengion Inc)

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