Examples of Facility Warrants in a sentence
The initial offer and sale of the Revolving Facility Warrants, if any, to the New Revolving Lenders pursuant to this Plan (and the issuance of the Warrant Shares upon exercise of such Revolving Facility Warrants) will be exempt from the registration requirements of Section 5 of the Securities Act, as amended, by virtue of the “private placement exemption” provided by Section 4(2) of the Securities Act and Regulation D promulgated thereunder.
Such Revolving Facility Warrants and the Warrant Shares will constitute “restricted securities” and thus may only be resold pursuant to a registration statement declared effective under Section 5 of the Securities Act, as amended, or pursuant to an exemption from such registration requirement.
DIP Facility Warrants shall be issued to the DIP Lenders, if applicable pursuant to Article II.B.
A value of $3,542,479 related to the T1 Warrants was recorded against the long term portion of the loan facility, while $177,000 related to the Bridging Facility Warrants was recorded against the current portion of the loan facility.
DIP Facility Warrants may be issued to the DIP Lenders, if applicable pursuant to Article II.B.
In consideration for entering into the Waiver, the lender agreed, subject to the conditions set forth in the Waiver, to surrender to the Company for cancellation outstanding Facility Warrants and Amendment Warrants to purchase up to 1,605,010 common shares and the Company agreed to issue new warrants to purchase up to 2,205,010 common shares (the “Waiver Warrants”).
Upon issuance, the Commitment Warrants and Facility Warrants will be detached from this Convertible Debenture.
The Series D Preferred Stock, the Warrants, the Existing Facility Warrants and the Common Stock issuable upon conversion of the Series D Preferred Stock and upon exercise of the Warrants and the Existing Facility Warrants when issued, shall be duly and validly issued, fully paid and non-assessable and will not subject the holder thereof to personal liability by reason of being such a holder.
The Company shall have available a sufficient number of authorized and unissued shares of Common Stock as may be necessary to effect conversion of the Series D Preferred Stock and the exercise of the Warrants and the Existing Facility Warrants.
Pursuant to Section III.K of the Amended Plan, the holders of APW Common Shares issued pursuant to the Amended Plan, as set forth in Exhibit "G" to the First Plan Supplement, and the DIP Facility Warrants will, by acceptance of such shares or warrants, be bound by the terms of the Shareholders Agreement to the maximum extent permitted by applicable law, including the Bankruptcy Code.