Examples of Prior Facility Agreement in a sentence
Nothing herein contained shall be construed as a substitution or novation of the obligations outstanding under the Prior Facility Agreement, the other Prior Loan Documents or agreements, instruments or documents securing the same, which shall remain in full force and effect, except as modified hereby or by agreements, instruments or documents executed concurrently herewith.
Nothing expressed or implied in this Agreement shall be construed as a release or other discharge of any Loan Party from any of its obligations or liabilities under the Prior Facility Agreement and the other Prior Loan Documents or any of the security agreements, pledge agreements, guaranties or other loan documents executed in connection therewith.
Pursuant to the terms of the Prior Facility Agreement, Borrower issued warrants to Lenders to purchase an aggregate of 6,470,000 shares of Common Stock of Borrower at an exercise price of $9.23 per share.
On April 3, 2017, Borrower entered into the Prior Facility Agreement with Deerfield and used proceeds from the Deerfield loan to repurchase $68 million aggregate principal amount of outstanding 2.25% Senior Notes, plus the accrued but unpaid interest thereon, from the holders thereof in privately negotiated transactions.
The proceeds of the Disbursements were or will be used solely (i) to refinance certain of the existing Indebtedness, (ii) to provide funds for the Borrower’s working capital and general corporate purposes, and (iii) to pay a portion of the fees, costs and expenses related to the Prior Facility Agreement and this Agreement.
The proceeds of the Disbursements were or will be used solely (i) to refinance certain of the existing Indebtedness (including a certain amount of the existing 2.25% Convertible Notes), (ii) to provide funds for the Borrower’s working capital and general corporate purposes, and (iii) to pay a portion of the fees, costs and expenses related to the Prior Facility Agreement and this Agreement.
This Agreement does not extinguish the obligations for the payment of money outstanding under the Prior Facility Agreement or the other Prior Loan Documents or discharge or release the obligations or the Liens or priority of any pledge, security agreement or any other security therefor or any of the obligations under the Prior Loan Documents (including the InitialOriginal Warrants and the Prior Registration Rights Agreement).
This Agreement does not extinguish the obligations for the payment of money outstanding under the Prior Facility Agreement or the other Prior Loan Documents or discharge or release the obligations or the Liens or priority of any pledge, security agreement or any other security therefor or any of the obligations under the Prior Loan Documents (including the Initial Warrants and the Registration Rights Agreement).
This Agreement does not extinguish the obligations for the payment of money outstanding under the Prior Facility Agreement or the other Prior Loan Documents or discharge or release the obligations or the Liens or priority of any pledge, security agreement or any other security therefor or any of the obligations under the Prior Loan Documents (including the Original Warrants and the Prior Registration Rights Agreement).