Convertible Debt Offering definition
Examples of Convertible Debt Offering in a sentence
Should the Convertible Debt Offering not be completed, the Borrower will be in default under the terms of the original agreements dated February 27, 2007 and the Bank preserves any and all rights there under to protect its interest.
Without the prior written approval of the Company, Parent shall not file a proxy statement with the SEC, call, give notice of, convene or hold a meeting of its stockholders or set the record date of any such meeting, in each case, to adopt and approve this Agreement or approve the transactions contemplated hereby, including the Convertible Debt Offering and the transactions contemplated by the Subscription Agreement.
The Parties further acknowledge and agree that if KMI has not raised at least Two Hundred Forty Thousand Dollars ($240,000) in the Convertible Debt Offering by September 21, 2016, the Effective Date may be extended up to thirty (30) days on the mutual agreement of the Parties.
Pursuant to the terms of the Convertible Debt Offering, KMI has the right to pre-pay a portion of the Convertible Notes, together with a pre-payment premium (all as outlined in the Convertible Notes and related documents), and that the remaining amount of the Convertible Notes may be converted by the holders into shares of KMI’s common stock.
Notwithstanding the foregoing, if for any reason any of the Initial Loans remain outstanding after December 20, 2007 (other than Initial Loans which shall be repaid with the proceeds of a Convertible Debt Offering and/or a High Yield Offering that has priced on or prior to December 20, 2007), then the Arrangers expressly reserve the right to exercise their rights in their sole discretion under CLAUSE (i) of this SECTION 6.16(a) at any time, without giving effect to SECTIONS 6.16(b), (c) and (d) below.
Parent shall have, from and after the date that is one hundred and five (105) days from the date of this Agreement through and at the Closing, unencumbered cash or cash equivalents (including the net proceeds contemplated from the Convertible Debt Offering or the Substitute Financing (subject to the consummation of such Convertible Debt Offering or such Substitute Financing)) in an amount that is not less than $210,000,000.
Pursuant to the terms and conditions of the securities issued in Borrower’s 2010/2011 Convertible Debt Offering, as amended June 2011, the holders of those securities are entitled to certain rights and damages in the event that the Company does not complete an initial public offering, or similar financing event per the terms of the agreement, by January 1, 2012.
The Parties understand, acknowledge, and agree that KMI shall seek to raise at least Two Hundred Forty Thousand Dollars ($240,000) pursuant to the Convertible Debt Offering described more fully in Section 6.01(d) below.
The extension of this loan is conditioned upon the successful closing of a Convertible Debt Offering wherein net proceeds are no less than $2,500,000 which is expected to close no later than March 2008.