Examples of Equity Support Agreement in a sentence
This is typically done through an Equity Support Agreement, also called an Equity Subscription Agreement, which is provided to lenders.
The Issuer has all power (corporate or otherwise) and authority to own, lease and operate its properties and conduct its business as presently conducted and to enter into, deliver and perform its obligations under this Equity Support Agreement.
At the Closing, the parties hereto shall execute and deliver such additional documents and take such additional actions as the parties reasonably may deem to be practical and necessary in order to consummate the subscription as contemplated by this Equity Support Agreement.
Such Subscriber further acknowledges that there have been no representations and warranties, made to such Subscriber by or on behalf of the Issuer or any of its respective affiliates or any control persons, officers, directors, employees, agents or representatives of any of the foregoing or any other person or entity, expressly or by implication, other than those representations and warranties of the Issuer expressly set forth in Section 5 of this Equity Support Agreement.
Based on such information as such Subscriber has deemed appropriate, such Subscriber has independently made its own analysis and decision to enter into this Equity Support Agreement.
Immediately upon the termination of this Equity Support Agreement in accordance with this Section 8 (and in any event within one (1) business day after such termination), (x) any monies paid by each Subscriber in connection herewith shall be returned to such Subscriber and (y) the Issuer shall be obligated to pay the Option Premium to each Subscriber, notwithstanding such termination.
Such Subscriber acknowledges that the Subscribers shall be responsible for any of the Subscribers’ tax liabilities that may arise as a result of the transactions contemplated by this Equity Support Agreement, and that the Issuer has not provided any tax advice or any other representation or guarantee regarding the tax consequences of the transactions contemplated by the Equity Support Agreement.
For purposes of this Equity Support Agreement, “business day” shall mean a day, other than a Saturday, Sunday or other day on which commercial banks in New York, New York are authorized or required by law to close.
The term “Agreement” in this Amendment means the Equity Support Agreement, as assigned on May 25, 2022 and as amended as of July 28, 2022, as described above.
Each of the Parties shall execute any such Deed of Adherence in respect of a Transfer of Junior Capital made in the accordance with this Agreement, the Shareholders Agreement, the Contingent Equity Support Agreement, the IP EquityCo Articles and the IP JVCo Articles.