Facility Warrants definition

Facility Warrants means the common share purchase warrants to be issued on each applicable Closing Date, each warrant being exercisable into one Common Share at the Facility Warrant Exercise Price for a period of five (5) years from the applicable Closing Date, in the form of warrant certificate attached hereto as Exhibit 3;
Facility Warrants means the Warrants to Purchase Common Stock issued pursuant to the Facility Agreement, collectively, including all warrants issued in exchange, transfer or replacement thereof, and as any of the foregoing may be amended, restated, supplemented or otherwise modified from time to time.
Facility Warrants means warrants to purchase shares of the common stock of the Company for a purchase of $10.00 per share substantially in the form of Exhibit C.

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.


More Definitions of Facility Warrants

Facility Warrants issuable by the Company to the Holder pursuant to the subscription agreement dated March 18, 2019 between the Company and the Holder (the “Subscription Agreement”).

Related to Facility Warrants

  • Existing Warrants means any warrants to purchase Common Stock outstanding on the date of this Agreement.

  • SPAC Warrants means SPAC Private Warrants and SPAC Public Warrants, collectively.

  • Common Warrants means, collectively, the Common Stock purchase warrants delivered to the Purchasers at the Closing in accordance with Section 2.2(a) hereof, which Common Warrants shall be exercisable immediately upon issuance and have a term of exercise equal to five (5) years from the initial exercise date, in substantially the form of Exhibit A attached hereto.

  • Agent’s Warrants means the share purchase warrants of the Issuer which will be issued as part of the Agent’s Fee and which have the terms provided in this Agreement and the certificates representing such share purchase warrants;

  • Series D Warrants means series D share purchase warrants of the Corporation issued to RTIH on May 22, 2012 in connection with the 2012 Rights Offering in accordance with the 2012 MoA, the terms of which are more particularly described under the heading “General Development of the Business – Agreements with the Rio Tinto Group – 2012 MoA”.

  • Series B Warrants means, collectively, the Series B Common Stock purchase warrants delivered to the Purchasers at the Closing in accordance with Section 2.2(a) hereof and the other Series B Warrants contemplated under Section 2.1 to be issued concurrently at the Closing, which Series B Warrants shall be exercisable beginning immediately and have a term of exercise equal to five (5) years, in the form of Exhibit B-2 attached hereto.

  • Closing Warrants shall have the meaning ascribed to such term in Section 2.1(a)(ii).

  • New Warrants means those certain warrants to purchase New Valaris Equity on the terms set forth in the New Warrant Agreement.

  • Option Warrants shall have the meaning ascribed to such term in Section 2.2(a).

  • Commitment Shares shall have the meaning set forth in Section 12.04.

  • Series C Warrants means, collectively, the Series C Common Stock purchase warrants delivered to the Purchasers at the Closing in accordance with Section 2.2(a) hereof, which Warrants shall be exercisable immediately and have a term of exercise equal to 9 months, in the form of Exhibit A attached hereto.

  • Class B Warrants means, collectively, the Common Stock purchase warrants in the form of Exhibit C attached hereto delivered to the Purchasers at the Closing in accordance with Section 2.2(a) hereof, which warrants shall be exercisable immediately and have a term of exercise equal to one year.

  • Placement Agent Warrants shall have the meaning set forth in the Subscription Agreement.

  • Investor Warrants has the meaning given it in the recitals of this Agreement.

  • Insider Warrants is defined in the preamble to this Agreement.

  • Backstop Commitment has the meaning set forth in Section 2.2(b).

  • Parent Warrants has the meaning set forth in Section 5.3(a).

  • Company Warrants means warrants to purchase shares of Company Capital Stock.

  • Purchaser Warrants means Purchaser Private Warrants and Purchaser Public Warrants, collectively.

  • Backstop Commitment Agreement means that certain Backstop Commitment Agreement, by and between CEOC and the PropCo Preferred Backstop Investors party thereto from time to time, as the same may be amended, amended and restated, supplemented, or otherwise modified from time to time in accordance with its terms, the form of which shall be included in the Plan Supplement.

  • Existing Convertible Notes means any convertible notes or other convertible debt securities of the Company outstanding on the date of this Agreement.

  • Qualifying Warrants means net share settled warrants to purchase Common Stock that have an exercise price greater than the current Market Value of the issuer’s Common Stock as of their date of issuance, that do not entitle the issuer to redeem for cash and the holders of such warrants are not entitled to require the issuer to repurchase for cash in any circumstance.

  • Private Placement Warrants shall have the meaning given in the Recitals hereto.

  • Common Warrant Shares means the shares of Common Stock issuable upon exercise of the Common Warrants.

  • Prefunded Warrant Shares means the shares of Common Stock issuable upon exercise of the Prefunded Warrants.

  • Broker Warrants has the meaning ascribed to such term in Section 12 hereof;