Permitted Financing means (i) the Company’s issuance of Common Stock and warrants therefore in connection with a merger and/or acquisition or consolidation, (ii) the issuance of shares of Common Stock or warrants therefore in connection with strategic license agreements so long as such issuances are not for the purpose of raising capital, (iii) the Company’s issuance of Common Stock or the issuance or grants of options to purchase Common Stock pursuant to the Company’s stock option plans and employee stock purchase plans as they now exist, and (iv) the issuance of Common Stock upon the exercise or conversion of any securities outstanding on the date hereof.
Permitted Financing means (i) securities issued (other than for cash) in connection with a merger, acquisition, or consolidation, (ii) securities issued pursuant to the conversion or exercise of convertible or exercisable securities issued or outstanding on or prior to the date of this Agreement or issued pursuant to this Agreement (so long as the conversion or exercise price in such securities are not amended to lower such price and/or adversely affect the Purchasers), (iii) securities issued in connection with bona fide strategic license agreements or other partnering arrangements so long as such issuances are not for the purpose of raising capital, (iv) Common Stock issued or the issuance or grants of options to purchase Common Stock pursuant to the Company’s stock option plans and employee stock purchase plans outstanding as they exist on the date of this Agreement, and (v) any warrants issued to the placement agent and its designees for the transactions contemplated by the Purchase Agreement.
Permitted Financing means, in one or more transactions, any issuance or sale or in accordance with Section 2, any deemed issuance or sale (i) which issuance or sale does not exceed $5 million in the aggregate, (ii) is at a consideration per share greater than 90% of the arithmetic average of the Weighted Average Price of the Common Stock for the ten (10) consecutive Trading Days ending on the date immediately prior to the execution of the definitive agreement for such Permitted Financing for any and all transactions and (iii) where if warrants are issued in such Permitted Financing, such warrants are exercisable for not more than 25% of the shares of Common Stock issued or issuable in such transaction and such warrants have an exercise price that is equal to or greater than the arithmetic average of the Weighted Average Price of the Common Stock for the ten (10) consecutive Trading Days ending on the date immediately prior to the execution of the definitive agreement for such Permitted Financing.
Examples of Permitted Financing in a sentence
In the event Company intends to consummate any financing through the sale of Ordinary Shares and/or securities exercisable or exchangeable for or convertible into Ordinary Shares, other than a Permitted Financing, beginning on the Closing Date and ending on the ROFO Termination Date, it shall first offer such financing to Investor in writing (the “ROFO Notice”).
Prior to Completion: (i) Developer shall not have any authority to encumber the Property for any purpose other than Permitted Financing Purposes; (ii) Developer shall notify Agency in advance of any proposed financing; and (iii) Developer shall not enter into any agreements for financing requiring a conveyance of security interests in the Property without the prior written approval of Agency.
Tenant, as Asset Manager, shall, with funds generated solely from Gross Operating Revenues or funded through the Permitted Financing, operate and staff the Premises, or cause the Premises to be operated and staffed, in a professional manner consistent with the operation of a first-class college housing facility, comparable to those at NSC’s peer institutions.
Amend Clauses 12.2 ( Funds) and 12.3(a) (Distribution) to add the following words to the end of that Clause: “, in each case, other than any payment to be made on a cashless basis as part of a Permitted Financing Action.
Any Transfer of the Pledged Shares by or on behalf of the relevant Financing Shareholder to a party other than the Permitted Pledgee upon a foreclosure thereon following an event of default under any Permitted Financing shall be subject to, and shall comply with, Clauses 11, 13, 14 and 15 hereof (including the requirement to enter into a Deed of Adherence pursuant to Clause 11.2).
More Definitions of Permitted Financing
Permitted Financing means (i) securities issued pursuant to a bona fide acquisition of another business entity or business segment of any such entity by the Company pursuant to a merger, purchase of substantially all the assets or any type of reorganization (each an “Acquisition”) provided that (A) the Company will own more than fifty percent (50%) of the voting power of such business entity or business segment of such entity and (B) such Acquisition is approved by the Company’s Board of Directors; (ii) securities issued pursuant to the conversion or exercise of convertible or exercisable securities issued or outstanding on or prior to the date of this Agreement or issued pursuant to this Agreement (so long as the terms governing the conversion or exercise price in such securities are not amended to lower such price and/or adversely affect the Purchasers); (iii) securities issued in connection with bona fide strategic license agreements or other partnering arrangements so long as such issuances are not for the primary purpose of raising capital; (iv) Common Stock issued or the issuance or grants of options to purchase Common Stock, in each case, at no less than the then-applicable fair market value, pursuant to equity incentive plans that are adopted by the Company’s Board of Directors; (v) securities issued to any placement agent and its respective designees for the transactions contemplated by this Agreement; (vi) securities issued at no less than the then-applicable fair market value to advisors or consultants (including, without limitation, financial advisors and investor relations firms) in connection with any engagement letter or consulting agreement, provided that any such issuance is approved by the Company’s Board of Directors; (vii) securities issued to financial institutions or lessors in connection with reasonable commercial credit arrangements, equipment financings or similar transactions, provided that any such issue is approved by the Company’s Board of Directors; (viii) securities issued to vendors or customers or to other persons in similar commercial situations as the Company, provided that any such issue is approved by the Company’s Board of Directors; and (ix) securities issued in connection with any recapitalization of the Company.
Permitted Financing means (1) securities issued (other than for cash) in connection with a merger, acquisition, or consolidation, (2) securities issued pursuant to a bona fide firm underwritten public offering of the Company's securities, (3) securities issued pursuant to the conversion or exercise of convertible or exercisable securities issued or outstanding on or prior to the date hereof or issued pursuant to this Agreement, (4) the Warrant Shares, (5) securities issued in connection with bona fide strategic alliances or other partnering arrangements so long as such issuances are not for the purpose of raising capital, (6) Common Stock issued or options to purchase Common Stock granted or issued pursuant to the Company's stock option plans and employee stock purchase plans as they now exist (7) any warrants issued to the placement agent for the transactions contemplated by this Agreement or for other financial advisory services rendered to the Company and (8) the issuance of up to $2,000,000 of shares of Common Stock on terms substantially similar to the terms of this Agreement to be consummated within one hundred twenty (120) days of the Closing Date (the "Subsequent Common Stock Financing"); provided, however, if the price per share of Common Stock issued in the Subsequent Common Stock Financing is less than the Per Share Purchase Price, the Company shall promptly issue additional shares of Common Stock to Sharad Tak or his designees in an amount equal to (A) the number of shares of Common Stock such Purchaser would have purchased pursuant to this Agreement based upon such Purchaser's portion of the Purchase Price at the price per share of Common Stock issued in the Subsequent Common Stock Financing, minus (B) the number of shares of Common Stock purchased by such Purchaser pursuant to this Agreement.
Permitted Financing means a sale, financing or refinancing of a Borrowing Base Asset.
Permitted Financing. As defined in the Titling Trust Agreement.
Permitted Financing means any bilateral or syndicated term loan or other similar financing (for the avoidance of doubt, not including any Permitted Revolving Credit Facility, Permitted Working Capital Facility or Market Loan) entered into by a Group Company with one or more reputable Nordic or international banks, financial institutions, trusts, funds or other lenders, provided that the Incurrence Test is met pro forma at the time when the available amount relating to such Permitted Financing is incurred.
Permitted Financing has the meaning given in Clause 10.2.1.
Permitted Financing shall have the meaning set forth in Section 4.2(b).