New Equity Issuance definition

New Equity Issuance means the issuance of new shares of common stock of the Borrower on the Closing Date pursuant to the Amended and Restated Certificate of Incorporation of the Borrower, with 50% of such new shares being issued to the Term Loan A Lenders existing as of the Closing Date (or their designees) and 50% of such new shares being issued to all of the Lenders (or their designees), as further set forth in the definition of “Equity Transactions”.

New Equity Issuance means the issuance to the New Capital Parties of 153,846,153 New ARDH1 Class A Interests in exchange for funding the New Capital Commitment in accordance with the RSA and the Plan.

New Equity Issuance means the issuance of Common Stock described in the Commitment Letter.

Examples of New Equity Issuance in a sentence

• Clause (f) of Section 3.1.1 of the Existing Credit Agreement is hereby amended by deleting the "or" following clause (i) and replacing it with a "," and inserting "or (iii) arise in connection with the New Equity Issuance, no prepayment of the Term Loans shall be required so long as the proceeds of the New Equity Issuance are used to repay outstanding Revolving Loans" following clause (ii) thereof.

• If a Class A Member does not exercise its preemptive rights within such ten (10) day period, then such Class A Member shall be deemed to have waived its preemptive rights with respect to such New Equity Issuance.

• In the event the Corporation closes a private placement or limited offering of Equity Securities in excess of $10,000,000 (in any one offering) during the Protection Period in which Equity Securities are issued for a consideration per share less than the Conversion Price in effect immediately prior to the time of such closing (the “New Equity Issuance”), the Conversion Price shall be reduced to the price per share of the New Equity Issuance.

• The transactions contemplated by the New Equity Issuance shall have been consummated by LPA Investment and Holdings shall have received, in immediately available funds from such investment by LPA Investment at least $3,400,000.

• The New Equity Issuance shall have been consummated on terms reasonably acceptable to the Required Lenders.

More Definitions of New Equity Issuance

New Equity Issuance has the meaning set forth inSection 2.05(a).

New Equity Issuance means the issuance by Holdings, in one or more issuances, of equity securities to one or more of its stockholders (including LPA Investment) in consideration of an aggregate amount of at least $4,250,000 pursuant to the Initial Closings (as defined in the Securities Purchase Agreement).

New Equity Issuance means the issuance by Xxxxx of 3,000 shares of its Preferred Stock for aggregate consideration in the amount of $3,000,000.

New Equity Issuance means the issuance and sale by the Borrower of its common stock (which may include warrants) to the Investors in exchange for net cash proceeds of at least $7,500,000 on terms and conditions set forth in the Rights Offering Documents or other terms satisfactory to the Required Lenders.

New Equity Issuance means any Equity Issuance during the New Equity Issuance Period.

New Equity Issuance means, after the Closing, (i) any new issuance of Shares by the Company (other than (x) issuances of Permitted Stock Consideration, (y) Shares issued in accordance with the terms of any Company Securities issued or granted in a New Equity Issuance of the type described in clause (ii) of this definition, or (z) Shares issued upon the exercise or settlement of Company Securities granted under an equity incentive plan that are outstanding as of the Closing) or (ii) the issuance or grant, as the case may be, by the Company of any Company Securities (other than Shares or Permitted Stock Consideration) that are convertible or exercisable into, or exchangeable for, Shares.

New Equity Issuance means the public offering of 5,000,000 shares of Borrower's common stock.