SVB Warrant Sample Clauses
SVB Warrant. “SVB Warrant” shall mean the issued and outstanding warrant to purchase shares of Company Common Stock granted in favor of Silicon Valley Bank pursuant to that certain Loan and Security Agreement, dated as of November 28, 2017, by and between Silicon Valley Bank and the Company.
SVB Warrant. As soon as practicable after the date hereof but no later than ten (10) days prior to the Offer Closing Date, the Company shall notify the holder of the SVB Warrant (the “SVB Warrant Holder”) in writing in accordance with the notice provision of the SVB Warrant of the Offer and the Offer Closing Date (as anticipated on such date of notice). In the event that the SVB Warrant Holder either (i) exercises the SVB Warrant by delivering to the Company the Notice of Exercise (as defined in the SVB Warrant) and paying the Warrant Price (as defined in the SVB Warrant) in each case pursuant to the terms of Section 1.1 of the SVB Warrant prior to the Offer Closing or (ii) converts the SVB Warrant pursuant to the terms of Section 1.2 of the SVB Warrant, then (x) the Company shall deliver to the SVB Warrant Holder shares of Company Common Stock in accordance with Section 1.4 of the SVB Warrant and (y) effective as of the Offer Closing, the SVB Warrant shall be cancelled and be of no further force or effect. The shares of Company Common Stock received by the SVB Warrant Holder pursuant to the SVB Warrant and this Section 3.4(d) shall be treated as shares of Company Common Stock in accordance with Section 3.1. In the event that the SVB Warrant Holder either notifies the Company in writing that it does not intend to exercise or convert the SVB Warrant or does not inform the Company in writing prior to the Offer Closing that it intends to exercise or convert the SVB Warrant in accordance with the terms of the SVB Warrant prior to the Offer Closing, then the SVB Warrant shall be treated in accordance with the terms thereof.
SVB Warrant. As soon as practicable after the Effective Time, the Buyer shall send or cause the Paying Agent to send to SVB (i) a letter of transmittal in the form attached hereto as Exhibit B-3 (the “SVB Letter of Transmittal”) specifying that delivery shall be effected, and risk of loss and title to the SVB Warrant shall pass, only upon proper delivery of the SVB Warrant and (ii) instructions for surrendering the SVB Warrant in exchange for the applicable Merger Consideration payable in respect thereof. Upon surrender of the SVB Warrant for cancellation together with such letter of transmittal, properly completed and duly executed, and such other documents as may be required pursuant to such instructions, SVB shall be entitled to receive in exchange therefor the SVB Warrant Net Closing Consideration in respect thereof, and the SVB Warrant so surrendered shall forthwith be canceled. No interest will be paid or accrued on any portion of the SVB Warrant Merger Consideration payable to SVB.
SVB Warrant. The SVB Warrant issued and outstanding immediately before the Effective Time shall be converted into and represent only the right to receive an amount in cash, without any interest thereof, equal to the SVB Warrant Merger Consideration Amount.