Notice of Proposed Issuance. With respect to each Letter of Credit, the Borrower shall give the relevant LC Issuing Bank and the Administrative Agent at least three Domestic Business Days' prior notice (i) specifying the date such Letter of Credit is to be issued and (ii) describing the proposed terms of such Letter of Credit and the nature of the transactions to be supported thereby. Promptly after it receives such notice, the Administrative Agent shall notify each Lender of the contents thereof.
Notice of Proposed Issuance. In the event the Company proposes to undertake an issuance of New Securities, it shall give to the Holders written notice (the “Notice”) of its intention, describing the type of New Securities, the price, the terms upon which the Company proposes to issue the same, the date of the proposed issuance and a statement as to the number of days from receipt of such Notice within which the Holders must respond to such Notice. The Holders shall have twenty (20) days from the date of receipt of the Notice to purchase any or all of the New Securities for the price and upon the terms specified in the Notice by giving written notice to the Company and stating therein the quantity of New Securities to be purchased and forwarding payment for such New Securities to the Company if immediate payment is required by such terms, or in any event no later than the date of the proposed issuance as set forth in the Notice. If not all of the Holders elect to purchase their pro rata share of the New Securities, then the Company shall promptly notify in writing the Holders who do so elect to purchase all of their pro rata portion of the New Securities and shall offer such subscribing Holders the right to acquire their pro rata portion of any unsubscribed New Securities. Each subscribing Holder shall have five (5) days after receipt of such notice to notify the Company in writing of its election to purchase all of its pro rata portion of the unsubscribed New Securities. If the Holders fail to exercise in full their first refusal rights, the Company may sell the New Securities for which the Holders first refusal rights were not exercised, at a price and upon terms and conditions no more favorable then specified in the Notice.
Notice of Proposed Issuance. With respect to each Letter of Credit, the Borrowers shall give the Bank at least two (2) Business Days' prior notice (i) specifying the date such Letter of Credit is to be issued and (ii) describing the proposed terms of such Letter of Credit and the nature of the transactions to be supported thereby.
Notice of Proposed Issuance. 10 (c) Conditions to Issuance...................................... 10 (d) Expiry Dates................................................ 11 (e) Drawings.................................................... 11 (f) Reimbursement by the Borrower............................... 11 (g)
Notice of Proposed Issuance. With respect to each Letter of Credit, the Borrower shall give the relevant Issuer and the Administrative Agent at least five Domestic Business Days’ prior notice (i) specifying the date such Letter of Credit is to be issued and (ii) describing the proposed terms of such Letter of Credit (which shall not be an Evergreen Letter of Credit without the consent of the Issuer thereof) and the nature of the transactions to be supported thereby. Promptly after it receives such notice, the Administrative Agent shall notify each Tranche I Revolving Lender of the contents thereof.
Notice of Proposed Issuance. With respect to each Letter of Credit, the Borrowers shall give the relevant LC Issuing Bank and the Administrative Agent at least five Business Days' prior notice, substantially in the form of Exhibit D hereto (a "LC Request") (i) specifying the date such --------- Letter of Credit is to be issued, (ii) describing the proposed terms of such Letter of Credit and the nature of the transactions proposed to be supported thereby and (iii) specifying the Account Party for such Letter of Credit, which may be any Borrower. Upon receipt of an LC Request, the Agents shall promptly notify each Lender of the contents thereof.
Notice of Proposed Issuance. In the event the Company proposes to undertake an issuance of New Securities, it shall give to the Purchaser written notice (the “Notice”) of its intention, describing the type of New Securities, the price, the terms upon which the Company proposes to issue the same, the date of the proposed issuance and a statement as to the number of days from receipt of such Notice within which the Purchaser must respond to such Notice. The Purchaser shall have fifteen (15) days from the date of receipt of the Notice to purchase any or all of its pro rata share (as defined in Section 5(a) above) of the New Securities for the price and upon the terms specified in the Notice by giving written notice to the Company and stating therein the quantity of New Securities to be purchased and forwarding payment for such New Securities to the Company if immediate payment is required by such terms, or in any event no later than the date of the proposed issuance as set forth in the Notice.
Notice of Proposed Issuance. Prior to an issuance of Subject Securities to the Class A Members, the Issuing Party shall provide written notice to the Management Stockholders (the “Notice of Proposed Issuance”) specifying the aggregate principal amount of such Subject Securities and the principal terms thereof, and stating that the Management Stockholders shall have the right to purchase a portion of such Subject Securities on the terms and conditions set forth in Sections 2.4 and 2.5.
Notice of Proposed Issuance. If the Company intends to issue or sell any Units and/or other Equity Securities (other than Excluded Issuances and other than the Units set forth in Schedule A as of the A&R Effective Date) and/or Unitholder-Lender Debt Securities, then at least ten Business Days before the intended issue date, the Company will deliver to the Class B Unitholders (collectively, the “Preemptive Rights Holders”) written notice of the intended issuance or sale (a “Preemptive Rights Notice”), stating:
(i) the type and number of Units, Equity Securities and/or Unitholder-Lender Debt Securities that the Company intends to issue (the “Offered Securities”),
(ii) the names of the proposed purchasers (the “Prospective Unitholders”), and
(iii) the price, anticipated closing date, manner of payment and, in reasonable detail, the other material terms upon which the Prospective Unitholders are willing to purchase the Offered Securities.
Notice of Proposed Issuance. In the event that the Company proposes to issue in a financing for the purpose of raising capital any (i) shares of Common Stock, (ii) warrants, options or other rights to purchase shares of Common Stock or (iii) any notes, debentures or other securities convertible into or exercisable or exchangeable for shares of Common Stock (collectively, the “Company Securities”), the Company will deliver to each Investor a confidential written notice (the “Offer Notice”) prior to effecting any such issuance (the “New Issuance”), offering to such Investor the right, for a period of ten (10) Business Days, to purchase for cash at an amount equal to the price or other consideration for which such Company Securities are to be issued, a number of such Company Securities such that, after giving effect to such New Issuance (and the conversion, exercise and exchange into or for (whether directly or indirectly) shares of Common Stock of all such Company Securities, whether issued by the Company or a Subsidiary of the Company), such Investor will continue to maintain its same proportionate equity ownership in the Company as of the date of the Offer Notice (treating such Investor, for the purpose of such computation, as the holder of the number of shares of Common Stock which would be issuable to the Investor upon conversion, exercise and exchange of the Securities, without regard to any applicable conversion or exercise limitations). The Offer Notice shall describe the securities proposed to be issued by the Company and specify the number, price and payment terms. Notwithstanding anything contained herein to the contrary, the provisions of this Article IV shall not apply with respect to Exempt Issuances (as defined in Section 4.3).
