Examples of Financing Unit Warrants in a sentence
Each Loan Party is duly authorized to execute and deliver each Loan Document to which it is a party, Borrower is duly authorized to borrow monies hereunder and to issue the Financing Unit Warrants and the Loan & Backstop Warrants, and each Loan Party and each of its Subsidiaries is duly authorized to perform its obligations under each Loan Document to which it is a party and, in the case of Borrower, under each Financing Unit Warrant and Loan & Backstop Warrant.
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.
As of the Closing Date, the Loan & Backstop Warrants and the Financing Unit Warrants (as applicable) have been, and the shares of Common Stock issuable upon exercise of the Loan & Backstop Warrants and the Financing Unit Warrants (as applicable) when so issued in accordance with their terms will be, issued in compliance with applicable securities laws, rules and regulations.
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).
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.
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.
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.
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.
At the Time of Closing, each of the holders of Aura Closing Convertible Securities (including Financing Unit Warrants and Concurrent Financing Finder Options) shall dispose of their respective rights to acquire common shares of Aura or receive common share purchase warrants or options of Aura under the outstanding Aura Closing Convertible Securities held by such holders at that time and those outstanding Aura Closing Convertible Securities shall be immediately cancelled.