Examples of Prior Issuer in a sentence
In connection with the entry into that certain Warrant Purchase Agreement, by and among the Holder and Gelesis, Inc., a Delaware corporation (the “Prior Issuer”), dated as of October 21, 2020 (the “Warrant Purchase Agreement”), the Holder and Prior Issuer executed a Warrant to Purchase Common Stock, dated October 21, 2020 (the “Original Warrant”).
The Prior Issuer and the Company have advised Prudential and the Existing Holders that the Company wishes to assume the obligations of the Prior Issuer under the Existing Shelf Agreement and the Existing Notes and amend and restate the Existing Note Agreement as hereinafter provided.
As soon as the Guarantor obtains knowledge thereof, the Guarantor shall give the Holders written notice of any condition or event which has resulted in (a) a material adverse change in the financial condition of the Guarantor or any Prior Issuer or (b) a breach of or noncompliance with any term, condition or covenant contained herein or in the Note Purchase Agreements or the Notes or any other document delivered pursuant hereto or thereto.
Effective on the Fifth Amendment Closing Date, each Note Agreement is further amended by deleting each Prior Issuer as party thereto until such time (if ever) that (a) the obligations of such Prior Issuer under any guaranty by such Prior Issuer of the obligations of the Parent under the Credit Agreement become enforceable, or (b) such Prior Issuer is or becomes obligated under any other Guaranty of Indebtedness of Parent.
Subject to the terms and conditions hereto, Prudential and the Existing Holders are willing to agree to this request of the Company and the Prior Issuer.