Examples of Converted Advance in a sentence
At the Initial Closing, the Company will also execute and deliver a separate secured convertible promissory note, also in the form attached as Exhibit A to this Agreement, to the Lead Purchaser in an amount equal to the Advance provided by the Lead Purchaser to the Company prior to the Initial Closing, together with any accrued and unpaid interest thereon (the “Converted Advance Note”), which such Converted Advance Note will serve as an amendment of and substitution for the Advance Note.
Any Warrant (other than the Converted Advance Warrant) issued to a Purchaser pursuant this Agreement is subject to immediate forfeiture and termination upon a Purchaser Subscription Default with respect to such Purchaser.
For further clarity, the Lead Purchaser will receive two separate Warrants at the Initial Closing, (i) a Warrant with respect to the Lead Purchaser’s purchase of an Initial Note at the Initial Closing through the funding of its Bridge Funding Commitment and (ii) a Warrant with respect to the issuance of the Converted Advance Note to the Lead Purchaser (the “Converted Advance Warrant”).
For the avoidance of doubt, the Advance will not be taken into account for purposes of calculating the Lead Purchaser’s Qualified Financing Commitment hereunder and a Purchaser Subscription Default on the part of the Lead Purchaser will not result in the termination or forfeiture of the Converted Advance Warrant.
Interest will accrue from the date of each Advance or Converted Advance under the Revolving Credit Facility.
Accrued interest on each Advance or Converted Advance will be due and payable monthly commencing on the first day of each calendar month following such Advance or Converted Advance; provided, however, that interest on Advances or Converted Advances will be due and payable upon payment in full of all such Advances or Converted Advances.
Notwithstanding any of the foregoing to the contrary, for each Non- Revolving Loan, in the event that: (i) no interest rate is selected, or (ii) an Interest Period expires and no new interest rate is selected in a Notice of Pricing Election with respect to an Advance or Converted Advance, the rate of interest payable on such Advance or Converted Advance under the applicable Non-Revolving Loan will be the rate for Base Rate Advances until otherwise elected in connection with a Conversion.
The Existing Term Advance and any Converted Advance shall each be referred to herein as a “Term Loan Advance” and, collectively, the “Term Loan Advances”, in each case made by Bank.
The Merger will become effective at such time as the certificate of merger is duly filed with the Secretary of State of Delaware or at such later time as Sxxx and MMI mutually agree and specify in the certificate of merger.
Interest will accrue from the date of each Advance or Converted Advance of each Loan.