Examples of Designated Equity Issuance in a sentence
On or prior to the third Business Day after the date on which the Person consummating the relevant Equity Issuance receives any Net Available Proceeds from any such Equity Issuance that is consummated after the Closing Date, in an aggregate principal amount equal to 50% of such Net Available Proceeds; provided, however, that the Designated Equity Issuance Proceeds to the extent contemporaneously applied pursuant to Section 9.06(i) need not be so applied.
Upon any Equity Issuance (excluding (i) exercise of stock options or purchases of stock by management in an amount not to exceed $5.0 million in the aggregate and (ii) issuances by a Loan Party to another Loan Party) after the Closing Date not constituting a Designated Equity Issuance or a Working Capital Equity Issuance, Borrower shall make prepayments in accordance with Sections 2.10(h) and (i) in an aggregate principal amount equal to 100% of the Net Cash Proceeds of such Equity Issuance.
The Company shall prepay this Note in an amount up to $4,000,000 at the election of Holder upon five (5) Business Days prior notice of such election to the Company, provided and on the condition that Holder has provided such notice to the Company within fifteen (15) Business Days of the closing of the Designated Equity Issuance, which amount shall be applied to the principal amount outstanding hereunder.
On or prior to the third Business Day after the date on which the Person consummating the relevant Equity Issuance receives any Net Available Proceeds from any such Equity Issuance that is consummated on or after the Amendment and Restatement Date, in an aggregate principal amount equal to 50% of such Net Available Proceeds; PROVIDED, HOWEVER, that the Designated Equity Issuance Proceeds need not be so applied to the extent contemporaneously applied pursuant to Section 9.06(i).
On or prior to the third Business Day after the date on which any Company receives any Net Available Proceeds from any Equity Issuance after the Closing Date, in an aggregate principal amount equal to 50% of such Net Available Proceeds; PROVIDED, HOWEVER, that the Designated Equity Issuance Proceeds need not be so applied to the extent contemporaneously applied pursuant to Section 9.06(i) or Section 9.25(a)(4)(y).