The Financing Agreement. Developer covenants to perform all obligations of “Borrower” under the Financing Agreement to be executed by Xxxxxxxxx and the Commission regarding repayment of the Sentry Bonds (the “Financing Agreement”). The terms of the Financing Agreement are herein incorporated into this Agreement by reference. Any conflict between this Agreement and the Financing Agreement shall be resolved in favor of the terms of the Financing Agreement.
The Financing Agreement. I understand that by signing this Subscription Agreement, I am agreeing to purchase the number of Bridge Units set forth on the signature page hereof and to be bound by all of the terms and conditions of the Financing Agreement dated as of July 25, 2011 by and among NAGP, High Capital Funding, LLC, a Delaware limited liability company as the Lead Investor, Xxxxx X. Xxxxxxxx as the Escrow Agent, and the Investors signatory thereto (the “Financing Agreement”), including the Escrow Terms and form of Bridge Note attached to the Financing Agreement as Exhibits A and B, respectively. A copy of the Financing Agreement is attached hereto as Exhibit I. My signature on this Subscription Agreement is deemed to be a signature on the Financing Agreement. All italicized terms herein, otherwise stated, have the meanings ascribed to them in the Financing Agreement. The Bridge Units, the Bridge Notes, and the Bridge Shares are sometimes referred to herein collectively as the “Securities.”
The Financing Agreement
