Examples of Draw Down Request in a sentence
The obligation hereunder of the Investor to accept the Initial Draw Down Request on the Closing Date and any additional Draw Down Request Notice and to acquire and pay for the Shares is subject to the satisfaction or (to the extent permitted by applicable law) waiver, at or before, each Draw Down Request Exercise Date and the Closing Date or Subsequent Funding Date, as applicable, of each of the conditions set forth below.
In consideration of and in express reliance upon the representations, warranties and covenants, and otherwise upon the terms and subject to the conditions, of this Agreement, from and after the Closing Date and during the Term (i) the Company shall issue and sell to the Investor, and the Investor agrees to purchase from the Company, the Shares in respect of each Draw Down Request and (ii) the Investor may purchase the Shares in respect of the Investor’s Elected Draw Down in accordance with Section 2.10.
Upon the terms and subject to the conditions and limitations of this Agreement, the Company may, in its sole discretion, from time to time during the Term, no later than 9:30 a.m. (New York time) on any Business Day, provide to the Investor a Draw Down Request notice, substantially in the form attached hereto as Exhibit A (the “Draw Down Request Notice”), which Draw Down Request Notice shall become effective at 9:30 a.m. (New York time) on such Business Day.
Results from the 2012 National Survey on Drug Use and Health: Summary of National Findings, NSDUH Series H-46, HHS Publication No. (SMA) 13–4795.
If any Committed Investor fails to fund its applicable Draw Down Request Amount on the Closing Date or any Subsequent Funding Date, such Committed Investor shall be a “Defaulting Investor,” and the aggregate of all such Defaulting Investors’ unfunded commitment amount shall be the “Defaulting Amount.” In such event, the Company shall immediately notify the Investor of the Defaulting Amount on or prior to the Closing Date or Subsequent Funding Date.
The obligation hereunder of the Company to issue and sell the Shares to the Investor under the Initial Draw Down Request and any additional Draw Down Request is subject to the satisfaction or (to the extent permitted by applicable law) waiver of each of the conditions set forth below.
The payment for, against delivery of, Shares in respect of each Draw Down Request (other than the Initial Purchase) shall be settled on the applicable Subsequent Funding Date.
For any Draw Down Request provided pursuant to this Section 2.1, the purchase price per Share shall be equal to $1.60, as adjusted from time to time to reflect fully the appropriate effect of any stock split, reverse stock split, stock dividend, reorganization, recapitalization, reclassification or similar change with respect to the Shares on or after the Closing Date (the “Draw Down Purchase Price”).
The Shares to be issued under this Agreement have been or will be (prior to the delivery of any Draw Down Request Notice to the Investor hereunder), duly authorized by all necessary corporate action on the part of the Company.
The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to the applicable Draw Down Request Exercise Date and the Closing Date or Subsequent Funding Date, as applicable.