Other Financing. Notwithstanding anything in this Agreement to the contrary, the Issuer and the Company may hereafter enter into agreements to provide for the financing or refinancing of costs of the Project or any portion thereof.
Other Financing. Nothing in this Agreement shall be construed to restrict the right of the Company to offer, sell and/or issue securities of any kind whatsoever, provided such transaction is not a Prohibited Transaction (as defined below) (any such transaction that is not a Prohibited Transaction is referred to in this Agreement as a “Permitted Transaction”). Without limiting the generality of the preceding sentence, the Company may, without the prior written consent of the Investor, (i) establish stock option or award plans or agreements (for directors, employees, consultants and/or advisors), and issue securities thereunder, and amend such plans or agreements, including increasing the number of shares available thereunder, (ii) issue equity securities to finance, or otherwise in connection with, the acquisition of one or more other companies, equipment, technologies or lines of business, (iii) issue shares of Common Stock and/or Preferred Stock in connection with the Company’s option or award plans, stock purchase plans, rights plans, warrants or options, (iv) issue shares of Common Stock and/or Preferred Stock in connection with the acquisition of products, licenses, equipment or other assets and strategic partnerships or joint ventures; (v) issue shares of Common and/or Preferred Stock to consultants and/or advisors as consideration for services rendered or to be rendered, (vi) issue and sell equity or debt securities in a public offering, (vii) issue and sell and equity or debt securities in a private placement (other than in connection with any Prohibited Transaction), (viii) issue equity securities to equipment lessors, equipment vendors, banks or similar lending institutions in connection with leases or loans, or in connection with strategic commercial or licensing transactions, (ix) issue securities in connection with any stock split, stock dividend, recapitalization, reclassification or similar event by the Company, and (x) issue shares of Common Stock to the Investor under any other agreement entered into between the Investor and the Company.
Other Financing. 14 Section 4.13 Notice...................................................15
Other Financing. If the Company enters into any other financing agreement, the primary purpose of which would be to obtain equity financing for the Company (an "Other Financing"), during the Investment Period, the Company shall promptly notify the Purchaser of such Other Financing. If the Company enters into an Other Financing during a Draw Down Pricing Period, the Purchaser shall have the options set forth in Section 6.1(k) hereof. If the Company enters into an Other Financing between Draw Down Pricing Periods, the Purchaser shall have the option, which option shall be exercised no later than five (5) Trading Days after receipt by the Purchaser of the notice of the Other Financing, to purchase up to the Draw Down Amount that would be applicable under this Agreement based on the price per share to be paid for the Common Stock in the Other Financing on the same, absolute terms and conditions contemplated in the Other Financing. If the Purchaser does not exercise its purchase option in writing before 8:00 p.m. (eastern time) on the fifth (5th) Trading Day after receipt of such notice, the Company shall not be obligated to sell shares of the Common Stock to the Purchaser under the terms of the preceding sentence and the Company shall have the right to close the Other Financing on the scheduled closing date with a third party, provided that all of the terms and conditions of such closing are similar in all material respects to those provided to the Purchaser. As used herein, "Other Financing" shall not include the Company (i) entering into a loan, credit or lease facility with a bank or financing institution (including any equity component thereof), (ii) establishing an employee stock option plan or agreement (iii) issuing shares of Common Stock in connection with the Company's current option plans (as the same may be amended from time to time), stock purchase plans, rights plans, currently outstanding warrants or options, or increase the number of shares available under any such plans (the primary purpose of which is not to raise equity), and (iv) issuing shares of Common Stock or options or warrants exercisable therefor and/or preferred stock in connection with the formation and maintenance of strategic partnerships, alliances or joint ventures, the acquisition of products, licenses or other assets or as consideration for services rendered to the Company (each a "Permitted Transaction").
Other Financing. The Borrower shall have received gross cash proceeds of not less than (i) $225,000,000 from the issuance of the Senior Subordinated Notes and (ii) $185,000,000 from the borrowings under the Senior Secured Term Loan Facility. The terms and conditions of the Senior Subordinated Notes and the Senior Secured Term Loan Facility shall be reasonably satisfactory to the Administrative Agent.
Other Financing. Other than as disclosed on Schedule 7.14 attached hereto, the Borrower has not received any other financing for the construction and operation of the Project other than the Gap Financing Loan.
Other Financing. 3.1 The Recipient remains solely responsible for providing or obtaining the funding, in addition to the Contribution, required to carry out the Project and fulfill the Recipient’s obligations under this Agreement.
Other Financing. The Proponent remains solely responsible for providing or obtaining the funding, in addition to the Contribution, required for the carrying out of the Project and the fulfilment of the Proponent's other obligations under the Agreement.
Other Financing. Unless waived by Secured Party in writing, no financing statement (other than Secured Party's) is on file covering the Collateral or its products or proceeds.
Other Financing. Except for the liens securing the Indebtedness, --------------- Trustor will not create or permit to continue in existence any mortgage, pledge, encumbrance, lien, or charge of any kind (including purchase money and conditional sale liens) on any of the Property except for:
(a) liens for taxes not yet delinquent, and
(b) any other liens or charges that are specifically approved in writing by Beneficiary prior to the recordation. Any transaction in violation of this section will cause all Indebtedness, irrespective of the maturity dates, at the option of the holder and without demand or notice, to immediately become due, together with any prepayment premium in accordance with the terms of the Note.
