Examples of Equity Commitment Letter in a sentence
This Agreement, the Merger Agreement, the Equity Commitment Letter, the Warrant Amendment Agreement and the Loan Agreement and the schedules and exhibits and other documents delivered by the parties hereto and thereto in connection herewith and therewith, contain the complete agreement among the parties hereto and thereto with respect to the transactions contemplated hereby and supersede all prior agreements and understandings between the parties hereto with respect hereto.
The Equity Commitment Letter provides that the Company is an express third party beneficiary of and is entitled to enforce (subject to the terms and conditions set forth therein), the Equity Commitment Letter, which, in the case of the Closing Payment Commitment for the purposes of delivering the Total Merger Consideration is solely in connection with the Company’s exercise of its rights under Section 8.13 or Section 7.5.
In the event that all conditions contained in the Equity Commitment Letter have been satisfied, Parent and Merger Sub shall use commercially reasonable efforts to cause Parent Sponsor to comply with its obligations thereunder, including to fund the Equity Financing.
Without limiting the Borrower’s obligations in the immediately preceding sentence, in the event Parent fails to obtain the full amount of the Closing Payment Commitment contemplated by the Equity Commitment Letter at the Closing of the Merger, the Borrower shall use reasonable best efforts to seek specific performance pursuant to Section 7 of the Equity Commitment Letter to compel Parent Sponsor to fund the unpaid Equity Financing in full pursuant to Section 1 of the Equity Commitment Letter.