Examples of Next Financing in a sentence
Such conversion shall be deemed to occur under this Section 6.1 as of immediately prior to the Next Financing Closing, without regard to whether Hxxxxx has then delivered to the Company this Note (or the Lost Note Documentation, if applicable) or executed any other documents required to be executed by the investors participating in the Next Financing (the “Next Financing Documents”); provided, that, the Holder shall be required to execute the Next Financing Documents.
In the event the Company has not consummated a Next Financing or an IPO prior to the Maturity Date, then, following the Maturity Date, the Holder may elect to convert the entire Balance then outstanding into that number of shares of Conversion Stock obtained by dividing (i) the entire Balance by (ii) the Conversion Price then in effect, rounded down to the nearest whole number of shares (the “Maturity Conversion”).
Any Major Purchaser will remain a Major Purchaser for all purposes in the Next Financing Documents to the extent such concept exists.
In any event, Holder shall not be entitled to receive any stock certificates representing the shares of Conversion Stock issuable upon conversion of this Note unless and until Hxxxxx has surrendered the original of this Note (or Lost Note Documentation, if applicable) and executed and delivered to the Company the Next Financing Documents, IPO Documents or Maturity Conversion Documents, as applicable.
Notwithstanding anything herein to the contrary, subject to the provisions of Section 8.10, upon the execution and delivery of the Next Financing Documents by Purchasers holding a majority of the then outstanding shares of Series CF Preferred Stock held by all Purchasers, this Agreement (excluding any then-existing and outstanding obligations) shall be amended and restated by and into such Next Financing Documents and shall be terminated and of no further force or effect.