Effective Date Warrants definition

Effective Date Warrants are those certain Warrants to Purchase Stock dated as of the Effective Date executed by Borrower in favor of each applicable Lender.

Effective Date Warrants means that certain Warrant to Purchase Common Stock among the Company, TCW Rescue Financing Fund II LP and Asilia Credit Fund, LP, dated as of the Effective Date.

Effective Date Warrants means those certain warrants of the Borrower issued to and purchased by the Lenders on the Effective Date, substantially in the form of Exhibit F. The Effective Date Warrants shall have the rights set forth therein and shall be in the respective amounts of the Warrant Coverage (as defined in the Warrants) set forth opposite the name of each Lender on Schedule 2.01.

Examples of Effective Date Warrants in a sentence

• Subject to the provisions of this Warrant Agent Agreement, in accordance with the terms of the Plan, on the Effective Date, Warrants to purchase the Warrant Shares will be issued by the Company in the amounts and to the recipients specified in the Plan.

• On the Effective Date or a date that is as soon as reasonably practicable after the Effective Date, Warrants will be issued by the Company in the amounts and to the recipients specified in the Plan.

• To the extent obtained after use of commercially reasonable efforts by the Borrower prior to the Second Amendment Effective Date, approval for listing of the shares of common stock issuable upon exercise of the Second Amendment Effective Date Warrants.

• The board of directors of the Parent Guarantor shall have granted all necessary approvals under the Parent Guarantor’s organizational documents and Delaware General Corporation Law with respect to the acquisition and exercise of the Second Amendment Effective Date Warrants.

• The Lenders (and/or their designees) shall have received counterparts of an amendment to the Registration Rights Agreement, duly executed by the parties thereto, in connection with the issuance of the Second Amendment Effective Date Warrants, which amendment shall be in the form attached hereto as Exhibit C.

• The Administrative Agent shall have received counterparts of (i) the Second Amendment Effective Date Warrants duly executed by the parties thereto in substantially the form attached hereto as Exhibit B and (ii) amendments to the warrants executed prior to the date hereof duly executed by the parties thereto in form and substance satisfactory to the Administrative Agent and the Lenders.

• The Parent Guarantor, the Borrower and the Lenders shall have agreed on a schedule denoting allocations of proceeds between the Second Amendment Effective Date Warrants and the Loans to be made on the Second Amendment Effective Date.

• On the terms and subject to the conditions of this Agreement, in accordance with the terms of the Plan, on the Effective Date or a date that is as soon as reasonably practicable after the Effective Date, Warrants to purchase the Shares will be issued by the Company in the amounts and to the recipients specified in the Plan.

• Receipt by the Administrative Agent of executed counterparts of this Agreement and the other Investment Documents, each properly executed by a Responsible Officer of the signing Loan Party and each other party to such document, including, without limitation, the Effective Date Warrants duly executed and issued by the Borrower, in each case in form and substance reasonably satisfactory to the Administrative Agent and the Lenders.

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