Series 2024-1 Quarterly Qualified Equity Offering Additional Interest Sample Clauses

Series 2024-1 Quarterly Qualified Equity Offering Additional Interest. (i) If, as of any Level I QEO Quarterly Payment Date, $25,000,000 of aggregate Qualified Equity Offering Proceeds are not used to prepay the Outstanding Principal Amount of the Notes on or prior to such Level I QEO Quarterly Payment Date (a “Level I Qualified Equity Offering Trigger Event”), then additional interest will accrue until such Level I Qualified Equity Offering Trigger Event is cured, including retroactively for the immediately preceding Quarterly Collection Period most recently ended on the (i) Series 2024-1 Class A-2-I Outstanding Principal Amount at a per annum rate (the “Series 2024-1 Class A-2-I Quarterly Qualified Equity Offering Additional Interest Rate”) equal to 3.0% (such additional interest, the “Series 2024-1 Class A-2-I Quarterly Qualified Equity Offering Additional Interest”), (ii) Series 2024-1 Class A-2-II Outstanding Principal Amount at a per annum rate (the “Series 2024-1 Class A-2-II Quarterly Qualified Equity Offering Additional Interest Rate”) equal to 3.0% (such additional interest, the “Series 2024-1 Class A-2-II Quarterly Qualified Equity Offering Additional Interest”) and (iii) Series 2024-1 Class B-2 Outstanding Principal Amount at a per annum rate (the “Series 2024-1 Class B-2 Quarterly Qualified Equity Offering Additional Interest Rate”) equal to 2.0% (such additional interest, the “Series 2024-1 Class B-2 Quarterly Qualified Equity Offering Additional Interest”, and together, with the Series 2024-1 Class A-2-I Quarterly Qualified Equity Offering Additional Interest and the Series 2024-1 Class A-2-II Quarterly Qualified Equity Offering Additional Interest, the “Series 2024-1 Quarterly Qualified Equity Offering Additional Interest”). All such computations of Series 2024-1 Quarterly Qualified Equity Offering Additional Interest shall be made on a 30/360 Day Basis; (ii) If, as of any Level II QEO Quarterly Payment Date, $75,000,000, inclusive of any amounts prepaid in accordance with the foregoing paragraph, of aggregate Qualified Equity Offering Proceeds are not used to prepay the Outstanding Principal Amount of the Notes on or prior to such Level II QEO Quarterly Payment Date (a “Level II Qualified Equity Offering Trigger Event” and, together with the Level I Qualified Equity Offering Trigger Event, a “Qualified Equity Offering Trigger Event”), then the Series 2024-1 Class A-2-I Quarterly Qualified Equity Offering Additional Interest, the Series 2024-1 Class A-2-II Quarterly Qualified Equity Offering Additional Interes...
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Related to Series 2024-1 Quarterly Qualified Equity Offering Additional Interest

  • Term The term of this Agreement will be ten (10) years from the Effective Date (as such term may be extended pursuant to Section 4.2, the “Term”).

  • WHEREAS the Company desires the Warrant Agent to act on behalf of the Company, and the Warrant Agent is willing to so act, in connection with the issuance, registration, transfer, exchange, redemption and exercise of the Warrants; and

  • Definitions As used in this Agreement:

  • Force Majeure If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault of its own then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, the obligation of the affected party, so far as it is affected by such Force Majeure as described, shall be suspended during the continuance of the inability then claimed but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.

  • Termination In the event that either Party seeks to terminate this DPA, they may do so by mutual written consent so long as the Service Agreement has lapsed or has been terminated. Either party may terminate this DPA and any service agreement or contract if the other party breaches any terms of this DPA.

  • Indemnification Notwithstanding any contrary provision contained in this Agreement, any election hereunder or any termination of this Agreement, and whether or not this Agreement is otherwise carried out, the provisions of Section 5 shall not be in any way affected by such election or termination or failure to carry out the terms of this Agreement or any part hereof.

  • Assignment This Agreement and all rights and obligations hereunder may not be assigned without the written consent of the other party.

  • Waiver The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach.

  • Counterparts This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

  • Entire Agreement This DPA and the Service Agreement constitute the entire agreement of the Parties relating to the subject matter hereof and supersedes all prior communications, representations, or agreements, oral or written, by the Parties relating thereto. This DPA may be amended and the observance of any provision of this DPA may be waived (either generally or in any particular instance and either retroactively or prospectively) only with the signed written consent of both Parties. Neither failure nor delay on the part of any Party in exercising any right, power, or privilege hereunder shall operate as a waiver of such right, nor shall any single or partial exercise of any such right, power, or privilege preclude any further exercise thereof or the exercise of any other right, power, or privilege.

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