Equity Call Agreement definition
Examples of Equity Call Agreement in a sentence
Capitalized terms not otherwise defined in this Agreement are used as defined in the Equity Call Agreement.
The Company and each Purchaser agree that any capital contribution by such Purchaser to the Company pursuant to the Equity Call Agreement shall be deemed made pursuant to and in acceptance of the Offer.
Upon such payment, Weston Presidio Capital II, L.P. shall release the certificates representing the number of Investor Securities as is set forth in Exhibit 1 to the Equity Call Agreement, as amended by the Equity Call Agreement Joinder, from the Securities Escrow to the Investor.
None of the terms and conditions of this Amendment may be changed, waived, modified or varied in any manner, whatsoever, except in accordance with Section 13(d) of the Equity Call Agreement.
Except to the extent expressly set forth herein, the execution, delivery and effectiveness of this Amendment shall not operate as an amendment of any rights, power or remedy of Administrative Agent under the Equity Call Agreement, nor constitute an amendment of any provision of the Equity Call Agreement.
Except to the extent expressly amended hereby, the provisions ------- of the Equity Call Agreement shall remain unmodified and are confirmed as being in full force and effect.
WSPIII, Borrower, Holdings and Agent shall have duly executed and delivered to Agent, an Equity Call Agreement in the form of EXHIBIT C attached hereto.
The Company has required, as a condition to entering into this Agreement, that each Purchaser also enter into the Equity Call Agreement.
The Required Lenders hereby consent to the terms of the Amendment and Reaffirmation of Equity Call Agreement in the form attached hereto as EXHIBIT C.
Unless otherwise specified in an Equity Call Notice (as defined in the Equity Call Agreement) delivered to the Purchasers pursuant to Section 2 of the Equity Call Agreement, each Closing of an Equity Call Financing (each, an "Equity Call Closing") shall take place at the offices of Kirkland & Ellis, 200 East Randolph Drive, Chicago, Illinois 60601.