Aggregate Percentage definition

Aggregate Percentage at any time with respect to any Buyer shall mean the percentage obtained by dividing (i) the aggregate number of the Common Shares initially issued at the Closing to such Buyer by (ii) the aggregate number of the Common Shares sold to the Buyers by the Company at the Closing in connection with the Offering. A Buyer can exercise its option to participate in a Future Offering by delivering written notice thereof to participate to the Company within five (5) business days after receipt of a Future Offering Notice, which notice shall state the quantity of securities being offered in the Future Offering that such Buyer will purchase, up to its Aggregate Percentage, and that number of securities it is willing to purchase in excess of its Aggregate Percentage. In the event that one or more Buyers fail to elect to purchase up to each such Buyer's Aggregate Percentage, then each Buyer which has indicated that it is willing to purchase a number of securities in such Future Offering in excess of its Aggregate Percentage shall be entitled to purchase its pro rata portion (determined in the same manner as described in the preceding sentence) of the securities in the Future Offering which one or more of the Buyers have not elected to purchase. In the event the Buyers fail to elect to fully participate in the Future Offering within the period described in this Section 4(e), the Company shall have 90 days thereafter to sell the securities of the Future Offering that the Buyers did not elect to purchase, upon terms and conditions, no more favorable to the purchasers thereof than specified in the Future Offering Notice. In the event the Company has not sold such securities of the Future Offering within such 90 day period, the Company shall not thereafter issue or sell such securities without first offering such securities to the Buyers in the manner provided in this Section 4(e). The Capital Raising Limitations shall not apply to (i) a loan from a commercial bank which has only an incidental equity feature, (ii) any transaction involving the Company's issuances of securities (A) as consideration in a merger or consolidation, (B) in connection with a strategic partnership or joint venture (the primary purpose of which is not to raise equity capital), or (C) as consideration for the acquisition of a business, product, license or other assets by the Company, (iii) the issuance of common stock in a firm commitment, underwritten public offering, (iv) the issuance of securities u...

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Aggregate Percentage means, at any time, the percentage that the aggregate outstanding principal amount of the Indebtedness held by all Consenting Creditors as legal owner collectively (calculated based on the disclosures provided in their most recently provided Supporting Claims Notices) represents of the aggregate outstanding principal amount of all Indebtedness.

Aggregate Percentage with respect to each Lender, the percentage equal to the quotient of (i) such L▇▇▇▇▇’s Aggregate Loan Commitment divided by (ii) the total of all Aggregate Loan Commitments.

Examples of Aggregate Percentage in a sentence

• In the event that one or more Buyers fail to elect to purchase up to each such Buyer's Aggregate Percentage, then each Buyer which has indicated that it is willing to purchase a number of securities in such Future Offering in excess of its Aggregate Percentage shall be entitled to purchase its pro rata portion (determined in the same manner as described in the preceding sentence) of the securities in the Future Offering which one or more of the Buyers have not elected to purchase.

• In the event that one or more Buyers fail to elect to purchase up to each such Buyer's Aggregate Percentage then each Buyer which has indicated that it is willing to purchase a number of securities in excess of its Aggregate Percentage shall be entitled to purchase its pro rata portion (determined in the same manner as described in the preceding sentence) of the securities in the Future Offering which one or more Buyers have not elected to purchase.

• A Buyer can exercise its option to participate in a Future Offering by delivering written notice thereof to participate to the Company within ten (10) business days of receipt of a Future Offering Notice, which notice shall state the quantity of securities being offered in the Future Offering that such Buyer will purchase, up to its Aggregate Percentage, and that number of securities it is willing to purchase in excess of its Aggregate Percentage.

• A Buyer can exercise its option to participate in a Future Offering by delivering written notice thereof to participate to the Company within five (5) business days after receipt of a Future Offering Notice, which notice shall state the quantity of securities being offered in the Future Offering that such Buyer will purchase, up to its Aggregate Percentage, and that number of securities it is willing to purchase in excess of its Aggregate Percentage.

• Notwithstanding anything to the contrary contained herein, should the Aggregate Percentage Factor exceed one hundred percent (100%) at any time, the Percentage Factor for each Class shall be calculated pro rata, based upon the relationship of the Net Investment for such Class to the Aggregate Net Investment.

More Definitions of Aggregate Percentage

Aggregate Percentage means, with respect to any Lender, a percentage equal to (x) the aggregate amount of such Lender's Revolving Commitment divided by (y) the aggregate of the Total Revolving Commitments.

Aggregate Percentage means, at any time, the percentage that the aggregate outstanding principal amount of the Notes held by all Consenting Creditors collectively (calculated based on the disclosures provided in their Restricted Notes Notices) represents of the outstanding principal amount of all Notes.

Aggregate Percentage with respect to each Lender, the percentage equal to the quotient of (a) such Lender's Domestic Revolving Credit Commitment divided by (b) the aggregate of all Domestic Revolving Credit Commitments.

Aggregate Percentage means, at any time, the sum of all Applicable Percentages since the Effective Date.

Aggregate Percentage means, at any time, the percentage that the aggregate outstanding principal amount of the Restricted Notes held by all Consenting Creditors collectively (calculated based on the disclosures provided in this Agreement, their Accession Letter s and Transfer Notices, as applicable) represents of the outstanding principal amount of all Transaction Notes.

Aggregate Percentage means, relative to any Lender, the percentage set forth opposite its name on Schedule II under the caption "Aggregate Percentage" or as set forth in its Lender Assignment Agreement, as such percentage may be adjusted from time to time pursuant to Lender Assignment Agreement(s) executed by such Lender and its Assignee Lender(s) and delivered pursuant to Section 11.11.

Aggregate Percentage means the percentage obtained by dividing (i) the aggregate number of Preferred Shares initially issued to such Buyer by (ii) the aggregate number of Preferred Shares initially issued to all the Buyers. A Buyer can exercise its option to participate in a Future Offering by delivering written notice to the Company within ten (10) Busi ness Days after receipt of a Future Offering Notice, which notice shall state the