Harbinger Funds definition
Examples of Harbinger Funds in a sentence
The Harbinger Funds, which collectively hold an approximately 94.4% ownership interest in Salton, Inc.
This Agreement and the obligation of the Harbinger Funds to contribute the Contributed Shares and any cash will terminate automatically and immediately upon the earliest to occur of (a) the full discharge of the obligations herein in connection with the Merger and (b) the Merger not being consummated by December 31, 2008.
Each of the Harbinger Funds, as evidenced by its signature hereto, in lieu of a special meeting of the stockholders of the Company, does hereby consent to and approve (i) the Merger, (ii) the execution, delivery and performance by the Company of a Certificate of Ownership and Merger, in substantially the form attached hereto as Exhibit B, and (iii) the other transactions contemplated herein and therein.
This Agreement is intended to bind and inure to the benefit of and be enforceable by the Harbinger Funds, the Company, and their respective successors and assigns (including subsequent holders of the Restricted Securities) and, where applicable, heirs and personal representatives.
No provision of this Agreement may be amended or waived without the prior written consent or agreement of the Harbinger Funds and the Company.
If only a portion of the Financing is provided by the Harbinger Facility, the up-front fee payable to the Harbinger Funds shall be equal to the product of $5,000,000 and a fraction, the numerator of which is the amount of borrowing availability under the Harbinger Facility and the denominator of which is the aggregate amount of the Financing being provided by all sources.
In light of the fact that one of the Harbinger Funds is organized under the laws of another country, and in light of the fact that the Harbinger Funds have a substantial minority interest in TerreStar, the Government Parties, in accordance with their policies, have requested, and the Harbinger Funds have agreed, that the Harbinger Funds execute this Agreement to acknowledge its terms.
The Harbinger Funds shall be paid up-front fees by Parent aggregating $5,000,000, assuming that the entire Financing is provided pursuant to the Harbinger Facility.