Accepted Tranche definition

Accepted Tranche means a Tranche in respect of a Disbursement Offer which has been duly accepted by the Borrower in accordance with its terms on or before the Disbursement Acceptance Deadline.

Accepted Tranche means a Tranche in respect of a Disbursement Offer which has been duly accepted by the Borrower in accordance with its terms on or before the Disbursement Acceptance Deadline "acting in concert" means acting together pursuant to an agreement or understanding (whether formal or informal).

Accepted Tranche means a Tranche in respect of a Disbursement Offer which has been duly accepted by the Borrower in accordance with its terms on or before the Disbursement Acceptance Deadline. "acting in concert" means acting together pursuant to an agreement or understanding (whether formal or informal). “Adjusted EBITDA” means (according to the Annual Financial Statement and calculated as for the balance sheet date) the operating income (or loss, as the case may be) (a) plus depreciation of property, plant and equipment (excl. Right of Use assets acc. to IFRS16); (b) plus amortisation of intangible assets; (c) plus Impairment of goodwill and intangible assets; (d) minus extraordinary income (including income from bargain purchase acc. to IFRS); (e) plus extraordinary expenses (including changes in contingent considerations acc. to IFRS, restructuring and M&A transaction costs). in each case, to the extent added, deducted or taken into account, as the case may be, for the purposes of determining operating profits of the Group before taxation. "AML Criminal Law Directive" means Directive (EU) 2018/1673 of the European Parliament and of the Council of 23 October 2018 on combating money laundering by criminal law, as amended, supplemented or restated. "AML Directives" means the 4th and the 5th AML Directives and the AML Criminal Law Directive. “Annual Financial Statement” means the audited annual report for the period starting the 1st of January and ending the 31 December of each year. "Authorisation" means an authorisation, permit, consent, approval, resolution, licence, exemption, filing, notarisation or registration. "Authorised Signatory" means a person authorised to sign individually or jointly (as the case may be) Disbursement Acceptances on behalf of the Borrower and named in the most recent List of Authorised Signatories and Accounts received by the Bank prior to the receipt of the relevant Disbursement Acceptance. "Business Day" means a day (other than a Saturday or Sunday) on which the Bank and commercial banks are open for general business in Luxembourg and in Hamburg. "Cash and Cash Equivalent Investments" means, for any financial year, the aggregate of: (a) cash in hand or on deposit with any bank, including, without limitation, any amounts standing to the credit of any current account and any overnight and time deposits; (b) any investment in money market funds according to the most recent Investment Policy of the Borrower as per the balance sheet position in t...

Examples of Accepted Tranche in a sentence

• Grounds for deferment Borrower's request The Borrower may send a written request to the Bank requesting the deferral of the disbursement of an Accepted Tranche.

• Without prejudice to the Bank's right to suspend and/or cancel the undisbursed portion of the Credit in whole or in part pursuant to Article 1.6.B, the Bank shall defer disbursement of such Accepted Tranche until the Agreed Deferred Disbursement Date.

• The Bank and the Borrower shall agree the date until which the disbursement of such Accepted Tranche shall be deferred (the "Agreed Deferred Disbursement Date"), which must be a date falling: not earlier than 6 (six) Business Days following the fulfilment of all conditions of disbursement; and not later than the Final Availability Date.

• In its written notice, the Borrower: must specify whether the Credit shall be cancelled in whole or in part and, if in part, the amount of the Credit to be cancelled; and must not request any cancellation of an Accepted Tranche, which has a Scheduled Disbursement Date falling within 5 (five) Business Days of the date of such written notice.

• Deferment FEE If disbursement of an Accepted Tranche is deferred pursuant to Article 1.5.A(1) or 1.5.A(2), the Borrower shall pay the Deferment Fee.

• Failure to satisfy conditions to disbursement The disbursement of an Accepted Tranche shall be deferred if any condition for disbursement of such Accepted Tranche referred to in Article 1.4 is not fulfilled both: at the date specified for fulfilment of such condition in Article 1.4; and at its Scheduled Disbursement Date (or, where the Scheduled Disbursement Date has been deferred previously, the date expected for disbursement).

More Definitions of Accepted Tranche

Accepted Tranche means a Tranche in respect of a Disbursement Offer which has been duly accepted by the Borrower in accordance with its terms on or before the Disbursement Acceptance Deadline "acting in concert" means acting together pursuant to an agreement or understanding (whether formal or informal). "Advance Payment of the Milestone Payment" has the meaning ascribed to this term in article 3.3(a) of the Royalty Agreement. "Arms-Length Sale" means a good faith transaction for the sale of NBTXR3 made in the ordinary course of trade, according to the then current market conditions for such sale or, in the absence of such current market conditions, according to the market conditions for the sale of products similar to NBTXR3. "Amendment Agreement to the Royalty Agreement n°1" means the amendment agreement to the Royalty Agreement entered into between the Borrower and the Bank dated 18 October 2022. "Amendment Agreement to the Royalty Agreement n°2" means the amendment agreement to the Royalty Agreement entered into between the Borrower and the Bank dated on or about the date the Amendment Agreement n°2. "Amendment Agreements to the Royalty Agreement" means the Amendment Agreement to the Royalty Agreement n°1 and the Amendment Agreement to the Royalty Agreement n°2.

Accepted Tranche means a Tranche in respect of which a Disbursement Offer has been duly accepted by the Borrower in accordance with its terms on or before the Disbursement Acceptance Deadline. "Authorisation" means any authorisation, consent, permit, approval, resolution, licence, exemption, filing, notarisation or registration. "Borrower" means Borrower 1 or Borrower 2, as applicable, and in relation to a Tranche or proposed Tranche, whichever of Borrower 1 or Borrower 2 is specified in the Disbursement Offer relating to that Tranche, and “Borrowers” means both of them. For the avoidance of doubt, each Borrower shall only be liable for Loans made to it and shall not be jointly and severally liable for Loans to the other Borrower. "Business Day" means a day (other than a Saturday or Sunday) on which the Bank and commercial banks are open for general business in Luxembourg. "Change-of-Control Event" has the meaning given to it in Article 4.03A(3). "Change-of-Law Event" has the meaning given to it in Article 4.03A(4). "Code" means the Internal Revenue Code of 1986, as the same may be amended from time to time, and the U.S. Treasury regulations promulgated thereunder. "Compliance Certificate" means a certificate substantially in the form set out in Schedule E.3. "Compulsory Prepayment Event" means any fact, event or circumstance which constitutes or which would (with the expiry of a grace period, the giving of notice, the making of any determination under any Finance Document or any combination of any of the foregoing) constitute a prepayment event under Article 4.

Accepted Tranche means a Tranche which has been duly accepted by the Borrower in accordance with the terms of the Disbursement Offer on or before the Disbursement Acceptance Deadline.