Examples of Gotham Purchasers in a sentence
The Credit Parties shall instruct the CRO to provide the proposed turnaround plan and budget and all updates thereto to the Gotham Purchasers for their consideration and approval, with such other background information and analyses as the Gotham Purchasers reasonably request to be able to evaluate the proposed turnaround plan and all updates thereto.
The turnaround plan and budget as approved by the board of directors of the Company and by the Gotham Purchasers shall replace the Interim Budget and is referred to herein as the “Turnaround Plan”.
The Gotham Purchasers may commit but shall not be required to fund any amount if the Interim Budget or Turnaround Plan, as applicable, does not indicate a need for such capital, which assessment shall for the avoidance of doubt account for the ability of the Credit Parties to comply with their obligations under the Operative Documents, the Xxxxxx Loan Documents and any other obligations to which they are subject and not restricted from being incurred pursuant to the Operative Documents.
In the event the CRO’s employment by the Company is terminated, the Credit Parties shall, as soon as practicable, hire a new CRO who is reasonably acceptable to the Gotham Purchasers (as evidenced by their prior written consent).
If the aggregate Committed Amount (inclusive of the Tranche 4 Advance) exceeds $125,000,000 during the Commitment Period, the Borrowers may reject any portion of the Committed Amount which is in excess of $125,000,000 by notifying the Gotham Purchasers in writing no later than five (5) days after delivery of the Gotham Purchasers’ notice to the Borrowers reflecting a Committed Amount (inclusive of the Tranche 4 Advance) in excess of $125,000,000.
The changes to securities issued under this Agreement resulting from the amendments described in this Section 2.2(f) shall be set forth on Schedule 1.1(d), which shall be updated by the Gotham Purchasers, the Company and Borrowers in connection with each Incremental Advance.
Such option may be exercised by the Gotham Purchasers providing written notice to the Company.
As of the Second Restatement Closing Date, the Gotham Purchasers and the Borrowers acknowledge and agree that the Committed Amount did not equal or exceed $50,000,000 during the Commitment Period.
In the event that the CRO’s employment by the Company is terminated, the Credit Parties shall, as soon as practicable, hire a new CRO who is reasonably acceptable to the Gotham Purchasers (as evidenced by their prior written consent).
All amendments described in this Section 4.3 shall be set forth on Schedule 1.1(d) to the Securities Purchase Agreement, which shall be updated by the Gotham Purchasers, the Company and Borrowers in connection with each Incremental Advance.