Existing SPA definition

Existing SPA means that certain Securities Purchase Agreement, dated as of November 9, 2004, by and among the Company and certain parties listed on the Schedule of Buyers attached thereto, as amended and restated or modified.
Sample 1Sample 2Sample 3
Existing SPA means, collectively, the May 2022 SPA and the June 2022 SPA, each as amended to the date hereof.
Sample 1
Existing SPA means that certain securities purchase agreement dated June 5, 2022 and as amended on October 24, 2022, December 5, 2022 and March 29, 2023 by and among the Company and certain institutional investors party thereto, with the terms described on Schedule 3.1(g) hereto.
Sample 1

Examples of Existing SPA in a sentence

  • All references in the other Transaction Documents to the Existing SPA shall henceforth include references to this Agreement, as may, from time to time, be further amended, modified, extended, and/or renewed.

  • Except as otherwise provided below, this Agreement constitutes the entire agreement between the parties hereto and supersedes all prior agreements, if any, understandings and arrangements, oral or written, between the parties hereto with respect to the subject matter hereof, including the Existing SPA.

  • The Company and the Lender desire to amend and restate the Existing SPA and the Existing Note to increase the principal amount outstanding hereunder.

  • Each Buyer hereby agrees to waive, solely with respect to the issuance of the Securities hereunder, the application of the adjustment provisions set forth in any of the securities issued pursuant to the Existing SPA and pursuant to Section 4(j) of the Existing SPA and held by such Buyer (or its affiliates) as of the date hereof.

  • Each Buyer hereby affirms that such Buyer provides its consent to any modifications, amendments and supplements necessary under the Indenture (as defined in the Existing SPA) to authorize the Trustee to take any and all actions on behalf of such Buyers in connection with the Amended and Restated Subordination Agreement and the Security Documents and authorizes the Trustee to take any and all further actions necessary in furtherance thereof.

  • Sections 14.1 through and including 14.16 of the Existing SPA are hereby incorporated by reference into this Amendment; provided that: (a) Section 14.4 of the Existing SPA is not incorporated by reference into this Amendment; (b) in Section 14.5 (Entire Agreement) of the Existing SPA, the term “Transaction Agreement” includes this Amendment; and (c) with such other changes, mutatis mutandis, as intended.

  • Reference is made to the Fourteenth Amended and Restated Securities Purchase Agreement, of even date herewith, by and between the Company and the Lender, as the “Investor” (the “Agreement”), which amends and restates the Existing SPA (as defined in the Agreement).

  • Reference is made to the Ninth Amended and Restated Securities Purchase Agreement, of even date herewith, by and between the Company and the Lender, as the “Investor” (the “Agreement”), which amends and restates the Existing SPA (as defined in the Agreement).

  • Reference is made to the Seventh Amended and Restated Securities Purchase Agreement of even date herewith by and between the Company and the Lender, as the “Investor” (the “Agreement”), which amends and restates the Existing SPA (as defined in the Agreement).

  • The combined effect of the Existing SPA, the Side Letter, the Side Letter Amendment, the Early Close Agreement, the Existing IA and the amendments to the Existing SPA and the Existing IA are contained in this Amendment and, therefore, the Amended SPA and the Amended IA.


More Definitions of Existing SPA

Existing SPA means the Securities Purchase Agreement dated as of May 27, 2022 between the Company and the original purchaser of the Existing Notes, as amended or supplemented from time to time.
Sample 1
Existing SPA means the Share Purchase Agreement, dated June 21, 2002, by and between, among others, ITI and SBS. "Extraordinary Items" has the meaning ascribed to it under GAAP.
Sample 1

Related to Existing SPA

  • Existing Leases means those leases, license agreements and occupancy agreements identified on Schedule 2.1.3, as the same may be amended or modified from time to time in accordance with the terms of this Agreement.

  • Existing Lease shall have the meaning assigned thereto in Section 10.7.

  • Existing Plan means the Amended and Restated Novatel Wireless, Inc. 2000 Stock Incentive Plan.

  • Existing Senior Notes means the Existing 2020 Senior Notes and the Existing 2021 Senior Notes, collectively.

  • Existing Financing means the financing arrangements that provided for a security interest granted by Company in the Aircraft and that were outstanding on August 3, 2020.

  • Original Lease shall have the meaning given such term in the recitals to this Agreement.

  • Existing Agreement has the meaning set forth in the recitals hereto.

  • Existing Security Agreement shall have the meaning set forth in the recitals.

  • Existing structure means any structure that is installed or approved for installation at the time a wireless services provider or wireless infrastructure provider provides notice to a locality or the Department of an agreement with the owner of the structure to co-locate equipment on that structure. "Existing structure" includes any structure that is currently supporting, designed to support, or capable of supporting the attachment of wireless facilities, including towers, buildings, utility poles, light poles, flag poles, signs, and water towers.

  • Second Extension Period means a period of twelve (12) consecutive months following the First Extended Maturity Date.

  • Existing Loan Agreement has the meaning set forth in the recitals to this Agreement.

  • Existing Property means all property against which ad valorem property taxes were levied by a local unit for its concluding fiscal year, minus all property that is considered losses for purposes of ad valorem property tax levies of the local unit for the ensuing fiscal year.

  • Original Term Loans means the "Term Loans" under, and as defined in, the Original Credit Agreement.

  • Original Agreement has the meaning set forth in the recitals.

  • Permitted Lock-Up Agreement means an agreement between a Person and one or more holders of Voting Shares pursuant to which such holders (each a “Locked-Up Person”) agree to deposit or tender Voting Shares to a Take-Over Bid (the “Lock-Up Bid”) made or to be made by such Person or any of such Person’s Affiliates or Associates or any other Person with which such Person is acting jointly or in concert, provided that:

  • Original Plan means any defined contribution plan which meets the requirements of Code Section 401 and referred to in Article XII of the Plan.

  • Original Contract means the initial contract or price agreement solicited and awarded during a cooperative procurement by an administering contracting agency.

  • Permitted Convertible Debt means Indebtedness of the Borrower that is convertible into a fixed number (subject to customary anti-dilution adjustments, “make-whole” increases and other customary changes thereto) of shares of Common Stock (or other securities or property following a merger event or other change of the Common Stock), cash or any combination thereof (with the amount of such cash or such combination determined by reference to the market price of such Common Stock or such other securities); provided that such Indebtedness shall (a) not require any scheduled amortization or otherwise require payment of principal prior to, or have a scheduled maturity date earlier than, one hundred eighty (180) days after the Term Loan Maturity Date, (b) be unsecured, (c) not be guaranteed by any Subsidiary of Borrower, and (d) be on terms and conditions customary for Indebtedness of such type, as determined in good faith by the board of directors of the Borrower or a committee thereof; provided further, that any cross-default or cross-acceleration event of default (each howsoever defined) provision contained therein that relates to indebtedness or other payment obligations of Borrower (or any of its Subsidiaries) (such indebtedness or other payment obligations, a “Cross-Default Reference Obligation”) contains a cure period of at least thirty (30) calendar days (after written notice to the issuer of such Indebtedness by the trustee or to such issuer and such trustee by holders of at least 25% in aggregate principal amount of such Indebtedness then outstanding) before a default, event of default, acceleration or other event or condition under such Cross-Default Reference Obligation results in an event of default under such cross-default or cross-acceleration provision.

  • Existing Facility Agreement means the senior secured credit facility dated 26 October 2000 made between, inter alia, UPC Broadband, UPC Financing and Toronto Dominion (Texas) LLC as facility agent and the banks and financial institutions listed therein, as amended from time to time.

  • Existing ship means a ship which is not a new ship.

  • Original Effective Date means the Effective Date under, and as defined in, the Original Credit Agreement.

  • Second Extension Option shall have the meaning set forth in Section 2.2.1(b) hereof.

  • Existing uses means those uses actually attained in a water body on or after November 28, 1975, whether or not they are included in the water quality standards.

  • Prior Loan Agreement is defined in Recital A of this Agreement.

  • Permitted Existing Indebtedness means the Indebtedness of the Borrower and its Subsidiaries identified as such on Schedule 1.1.1 to this Agreement.