Examples of CapGen Investment Agreement in a sentence
The Investment and the Other Private Placements are currently anticipated to generate approximately $255.0 million of gross proceeds to the Company, and the Company, in connection with the Other Private Placements, shall enter into agreements with the Additional Investors (including the CapGen Investment Agreement) (the “Additional Agreements”).
As required pursuant to Section 3 of the Acknowledgement and Waiver of Directors, attached as Exhibit E to this Agreement and to be executed by and among the Company, the Anchor Investors and certain directors of the Company, the Anchor Investors hereby consent to the supplementing of such waivers as specified in Section 1.2(c)(2)(T) of the CapGen Investment Agreement.
Additionally, the Company agrees that the CapGen Investment Agreement and each Additional Agreement with the Additional Investors shall include a substantially similar covenant requiring such Additional Investor to purchase, on a Pro Rata Basis, any Additional Unsubscribed Shares at the Rights Purchase Price.
Modification Date shall mean the date on which occurs the execution and delivery by all parties of (i) this Agreement, (ii) the second amendment and restatement of the Securities Purchase Agreement, dated as of August 11, 2010, by and among the Company and the purchasers signatory thereto (the “Minority Investors Agreement”), (iii) the CapGen Investment Agreement, and (iv) such other modifications of the other Transaction Agreements as is mutually agreed by the Anchor Investors, the Company and CapGen.
Modification Date shall mean the date on which occurs the execution and delivery by all parties of (i) this Agreement, (ii) the second amendment and restatement of the Anchor Investment Agreement, (iii) the CapGen Investment Agreement, and (iv) such other modifications of the other Transaction Agreements as is mutually agreed by the Anchor Investors, the Company and CapGen.
Modification Date shall mean the date on which occurs the execution and delivery by all parties of (i) this Agreement, (ii) the amendment and restatement of the Stock Purchase Agreement, dated as of May 24, 2010, by and among the Company and the purchasers signatory thereto (the “Minority Investors Agreement”), (iii) the CapGen Investment Agreement, and (iv) such other modifications of the other Transaction Agreements as is mutually agreed by the Anchor Investors, the Company and CapGen.
In the event the Rights Offering is under-subscribed, pursuant to the CapGen Investment Agreement, CapGen shall purchase any unsubscribed Common Shares at the Rights Purchase Price.
Modification Date shall mean the date on which occurs the execution and delivery by all parties of (i) this Agreement, (ii) the amendment and restatement of the Anchor Investment Agreement, (iii) the CapGen Investment Agreement, and (iv) such other modifications of the other Transaction Agreements as is mutually agreed by the Anchor Investors, the Company and CapGen.
In the event the Rights Offering is under-subscribed, pursuant to the CapGen Investment Agreement, CapGen shall purchase any unsubscribed Common Shares at the Rights Purchase Price simultaneously with, and conditioned upon, the Second Closing..
In the event the Rights Offering is under-subscribed, pursuant to the CapGen Investment Agreement, CapGen shall purchase any unsubscribed Common Shares at the Rights Purchase Price simultaneously with, and conditioned upon, the Second Closing.