Examples of Financing Unit Warrants in a sentence
No registration under the Securities Act is required for the offer and sale by Borrower to HCP-FVA of the Loan & Backstop Warrants or the HCP-FVA Financing Unit Warrants.
None of the Loan Parties, their Subsidiaries or their Affiliates, nor any Person acting on its or their behalf, has engaged in any form of general solicitation or general advertising (within the meaning of Regulation D promulgated under the Securities Act) in connection with the offer or sale of the Loan & Backstop Warrants, the HCP-FVA Financing Unit Warrants or the Financing.
In: Rao URK, Mahendranath KM, Misra R, Gupta SJ, Handa R, Chatur- vedi V, eds.
HCP-FVA shall have received (i) the HCP-FVA Financing Unit Warrants, in the form of Exhibit D, for the purchase of Common Stock of Borrower and (ii) the Closing Date Loan & Backstop Warrants.
Except as set forth on Schedule 9.30, no brokerage or finder’s fees or commissions are or will be payable by any Loan Party or any of its Subsidiaries to any broker, financial advisor or consultant, finder, placement agent, investment banker, bank or other Person with respect to the transactions contemplated by this Agreement (including the issuance of the Loan & Backstop Warrants and the HCP-FVA Financing Unit Warrants).
Diluted income (loss) per share does not adjust the loss attributable to common shareholders or the weighted average number of common shares outstanding when the effect is anti‐dilutive.
As of the Closing Date, the shares of Common Stock issuable upon exercise of the Loan & Backstop Warrants and the Financing Unit Warrants, when so issued in accordance with the terms of the Loan & Backstop Warrants and the Financing Unit Warrants (as applicable), will be, validly issued, fully paid and nonassessable and free from all preemptive or similar rights or Liens with respect to the issuance thereof.
Lenders and Administrative Agent shall have no obligation with respect to any fees or with respect to any claims made by or on behalf of other Persons for fees of a type contemplated in this Section 9.30 that may be due in connection with the transactions contemplated by this Agreement (including in connection with the issuance of the Loan & Backstop Warrants and the HCP-FVA Financing Unit Warrants).
Prior to the record date for any Company stockholders meeting held in connection with the Stockholder Approval, HCP-FVA agrees to exercise any Loan & Backstop Warrants and any Financing Unit Warrants for which the Company has sufficient authorized capital and will vote the Common Stock it receives upon such exercise in favor of the proposals set forth in the preceding sentence.
Buyer shall, subject to receipt of Stockholder Approval, reserve the number of shares of Common Stock underlying the Financing Unit Warrants to permit the full exercise of the Financing Unit Warrants by Lenders.