Participation in Future Financing definition

Participation in Future Financing shall have the meaning ascribed to such term in Section 6.25.
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Examples of Participation in Future Financing in a sentence

  • Section 4.12 (Participation in Future Financing), Section 4.14 (Purchase Price Reset), Section 4.15 (Most Favored Nation Provision), Section 4.20 (Variable Rate Transaction) and Section 4.23 (Piggy Back Registrations) of each of the Purchase Agreements are hereby deleted in their entirety and shall be of no further force or effect and the Company shall have no further liability or obligations thereunder.

  • The Required Purchasers also waive compliance with the provisions of Section 4.15, "Participation in Future Financing," and Section 4.16, "Subsequent Equity Sales" solely with respect to the Investment.

  • Each Holder hereby waives any right to participate in the Offering as provided under Section 4.11 (Participation in Future Financing) of the Purchase Agreement.

  • Notwithstanding the foregoing or anything else in the 2013 Securities Purchase Agreement and the Certificate of Designation, Seller and Purchaser intend that the Control Transaction shall not (a) trigger the stockholder protective provisions of Section 4.12 (Participation in Future Financing) or Section 4.13 (Subsequent Equity Sales) of the 2013 Securities Purchase Agreement or (b) require the consent of the Seller pursuant to Section 9 (Negative Covenants) of the Certificate of Designation.

  • Solely with respect to the Second Closing, each Purchaser hereby waives any rights that it may have under Sections 2.2 (Deliveries), 4.12 (Participation in Future Financing), 4.13(b) (Subsequent Equity Sales), 4.14 (Equal Treatment of Purchasers) and 4.17 (Most Favored Nation Provision) of the Purchase Agreement, including the notice provisions thereof.

  • Purchaser and Seller acknowledge and agree that the Control Transaction may be structured in such manner as to (i) require the consent of Seller pursuant to Section 9 (Negative Covenants) of the Certificate of Designation, and/or (ii) constitute a Subsequent Financing as defined in Section 4.12 (Participation in Future Financing) of the 2013 Securities Purchase Agreement.

  • Each Holder hereby waives the provisions of Section 4.13 (Participation in Future Financing) of the January Securities Purchase Agreement with respect to the transactions contemplated by the Purchase Agreement.

  • Each Purchaser consents to the Subsequent Financing for purposes of Section 10 of the Certificate of Designation and agrees that Section 4.13 (Participation in Future Financing) and Section 4.14 (Subsequent Equity Sales) of the Securities Purchase Agreement are specifically amended to enable the Company to sell up to $2,623,467 of additional Debentures without compliance with the terms set forth in those sections.

  • The Holders hereby agree that (i) Section 4.12 of the Purchase Agreement (Participation in Future Financing); (ii) Section 4.13 (Subsequent Equity Salesand (iii) Section 4.17 (Capital Change) shall be null and void and of no further force or effect.

  • Each Purchaser agrees that Section 4.13 (Participation in Future Financing) and Section 4.14 (Subsequent Equity Sales) of the Purchase Agreement and Section 7 (Negative Covenants) of the Debenture document are specifically amended to enable the Company to sell up to $2,623,467 of additional Debentures without compliance with the terms set forth in those sections.

Related to Participation in Future Financing

  • Lender Participation Notice has the meaning specified in Section 2.05(d)(iii).

  • Direct Loan Participation means a Loan in respect of which, pursuant to a participation agreement, the Issuer is capable of creating, or procuring the creation of, a contractual right in favour of a notional protection seller that provides such notional seller with recourse to the participation seller for a specified share in any payments due under the relevant Loan which are received by such participation seller, any such agreement to be entered into between (i) such notional seller and (ii) either (A) the Issuer (to the extent the Issuer was then a lender or a member of the relevant lending syndicate), or (B) a Qualifying Participation Seller (if any) (to the extent such Qualifying Participation Seller is then a lender or a member of the relevant lending syndicate);

  • Participation Interests shall have the meaning specified in subsection 2.09(a)(ii).

  • Participation Agreements as defined in this Trust Supplement are the "Note Purchase Agreements" referred to in the Basic Agreement.

  • Participation Commitment means each Lender’s obligation to buy a participation of the Letters of Credit issued hereunder.

  • Participation Interest means the purchase by a Lender of a participation interest in Letters of Credit as provided in Section 2.2 and in Swingline Loans as provided in Section 2.3.

  • Participation Date means the date the individual becomes a qualified participant in Tier 2 as determined under section 701a(1)(b).

  • Acquisition Loan means a loan or other extension of credit, including an installment obligation to a “party in interest” (as defined in Section 3(14) of ERISA) incurred by the Trustee in connection with the purchase of Company Stock.

  • L/C Participation shall have the meaning provided in Section 3.3(a).

  • Revolving Loan Obligations means any Obligations with respect to the Revolving Loans (including without limitation, the principal thereof, the interest thereon, and the fees and expenses specifically related thereto).

  • Letter of Credit Participation shall have the meaning provided in Section 3.3(a).

  • Applicable Participation Agreement Has the meaning specified in Section 5.01(b) of this Trust Supplement.

  • Subsidiary Loan Agreement means the agreement to be entered into between the Borrower and ECTEL pursuant to Section 3.01(b) of this Agreement, as the same may be amended from time to time; and such term includes all schedules to the Subsidiary Loan Agreement;

  • Swing Line Loan Participation Certificate a certificate in substantially the form of Exhibit I.

  • Participation Facility means any facility in which the applicable party (or a Subsidiary of it) participates in the management (including all property held as trustee or in any other fiduciary capacity) and, where required by the context, includes the owner or operator of such property, but only with respect to such property.

  • Term Loan Obligations means the “Obligations” as defined in the Term Loan Credit Agreement.

  • Credit Facility shall include any agreement or instrument (1) changing the maturity of any Indebtedness Incurred thereunder or contemplated thereby, (2) adding Subsidiaries of the Company as additional borrowers or guarantors thereunder, (3) increasing the amount of Indebtedness Incurred thereunder or available to be borrowed thereunder or (4) otherwise altering the terms and conditions thereof.

  • Loan means an extension of credit by a Lender to the Borrower under Article II in the form of a Committed Loan or a Swing Line Loan.

  • Home Equity Loan means a loan or funded or unfunded portions of a line of credit secured by a mortgage on a one-to four-family residences or stock of cooperative housing association, where the Failed Bank did not have a first lien on the same property as collateral.

  • Home Equity Loans means loans or funded portions of lines of credit secured by mortgages on one-to four-family residences or stock of cooperative housing associations, where the Failed Bank did not have a first lien on the same property as collateral.

  • Committed Lenders means, for any Lender Group, the Persons executing this Agreement in the capacity of a “Committed Lender” for such Lender Group (or an assignment hereof) in accordance with the terms of this Agreement.

  • Participation Notice has the meaning set forth in Section 4.2;

  • Bank Credit Facility means any credit agreement or working capital facility among the Company and/or its Subsidiaries and one or more lenders, as such credit agreement or working capital facility may be amended, renewed, extended, substituted, refinanced, restructured, replaced, supplemented or otherwise modified (including with other lenders) from time to time, regardless of whether any other credit agreement or working capital facility or any portion thereof was outstanding or in effect at the time of such amendment, renewal, extension, substitution, refinancing, restructuring, replacement, supplement or modification.

  • Participation Advance shall have the meaning set forth in Section 2.12(d).

  • Loan Obligations means (a) the due and punctual payment by the Borrower of (i) the unpaid principal of and interest (including interest accruing during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, regardless of whether allowed or allowable in such proceeding) on the Loans made to the Borrower under this Agreement, when and as due, whether at maturity, by acceleration, upon one or more dates set for prepayment or otherwise, (ii) each payment required to be made by the Borrower under this Agreement in respect of any Letter of Credit, when and as due, including payments in respect of reimbursement of disbursements, interest thereon (including interest accruing during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, regardless of whether allowed or allowable in such proceeding) and obligations to provide Cash Collateral and (iii) all other monetary obligations of the Borrower owed under or pursuant to this Agreement and each other Loan Document, including obligations to pay fees, expense reimbursement obligations and indemnification obligations, whether primary, secondary, direct, contingent, fixed or otherwise (including monetary obligations incurred during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, regardless of whether allowed or allowable in such proceeding), and (b) the due and punctual payment of all obligations of each other Loan Party under or pursuant to each of the Loan Documents.

  • Revolving Loan Facility means the credit facility or portion thereof established by Lender in favor of Borrower for the purpose of providing working capital in the form of loans and/or Letters of Credit to finance the manufacture, production or purchase and subsequent export sale of Items pursuant to Loan Documents under which Credit Accommodations may be made and repaid on a continuous basis based solely on credit availability on the Export-Related Borrowing Base during the term of such credit facility