Borrower Warrants definition
Examples of Borrower Warrants in a sentence
The Collateral Agent and the Holders hereby consent to (a) the amendments set forth in the First Amendment to the First Lien Credit Agreement referred to in Section 3(d)(vii) above, and (ii) the repurchases of the Borrower Warrants set forth in the Purchase and Sale Agreement referred to in Section 3(e) above.
The Holders shall have received evidence that the Borrower Warrants held by Octavian have been (or concurrently with the funding of the loans under the First Lien Credit Agreement on the First Amendment Effective Date, will be) repurchased by the Company pursuant to the Purchase and Sale Agreement, dated as of December 23, 2013, by and among the Company and Octavian, on terms satisfactory to the Purchasers.
Notwithstanding the foregoing, no amendment, waiver or consent shall, unless in writing and signed by (A) the Collateral Agent or the Administrative Agent, as the case may be, affect the rights or duties of such Agent (but not in its capacity as a Lender) under this Agreement or the other Loan Documents, and (B) Ares (for so long as Ares is a Lender hereunder or Ares or any of its Affiliates is the holder of Borrower Warrants), modify clause (I) of Section 7.02(h).
If after the Closing Date, any portion of the outstanding Borrower Warrants are exercised by the holders thereof, the Borrower shall provide the Agent with full particulars thereof in writing on or before the date which is ten days following the date of such exercise of Borrower Warrants and shall pay or cause to be paid to the Lenders 75% of the gross proceeds thereof, in prepayment of the Facility.
The Agents and the Lenders hereby consent to (i) the amendments set forth in the First Amendment to Mezzanine Note Purchase Agreement referred to in Section 3(d)(vii) above and (ii) the repurchases of the Borrower Warrants set forth in the Purchase and Sale Agreement referred to in Section 3(e) above.
Upon the effectiveness of this Amendment in accordance with the provisions of Section 5 of this Amendment, Foothill shall release and deliver to Borrower Warrants currently held by Foothill for the purchase of up to 50,000 shares of the common stock of Borrower at a strike price of $4.40 per share.
Borrower has not violated any applicable federal or state securities laws in connection with the offer, sale or issuance of any of its Common Stock, and the offer, sale and issuance of the Borrower Warrants hereunder do not require registration under the Securities Act or any applicable state securities laws.
Except for the issuance or sale of common Capital Stock or Permitted Preferred Stock by the Parent or the Borrower, the issuance of the Borrower Warrants or the issuance or sale of Capital Stock in connection with the exercise of the Borrower Warrants, or as otherwise permitted by Section 7.02(e)(i)(B), issue or sell or enter into any agreement or arrangement for the issuance and sale of, any shares of its Capital Stock, any securities convertible into or exchangeable for its Capital Stock or any warrants.
All such rights granted in the documents, if any, listed on Schedule 2.1(e) have been effectively and irrevocably waived to the extent required (if any) with regard to the issuance of the Borrower Warrants, the exercise of the Borrower Warrants and the issuance of the Common Stock upon exercise of the Borrower Warrants.
The Collateral Agent shall have received evidence that the Borrower Warrants held by Octavian have been (or concurrently with the funding of the Loans on the First Amendment Effective Date, will be) repurchased by the Borrower pursuant to the Purchase and Sale Agreement, dated as of December 23, 2013, by and among the Borrower and Octavian, on terms satisfactory to the Agents.