Examples of ROFO Termination Date 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”).
For the avoidance of doubt, Investor’s declining its right of first offer pursuant to this Section 9 with respect to a particular financing shall not be deemed to be Investor’s consent to such financing pursuant to Section 4(vii) above, and such consent must be obtained separately from Investor, unless Investor’s declining its right of first offer causes the ROFO Termination Date to occur.
If the Transferring Stockholder has not entered into an agreement to sell all of the ROFO Transfer Shares to a third party or third parties within such one-hundred eighty (180) days after the ROFO Termination Date in compliance with this Section 3B and consummated such sale in compliance with this Section 3B within two-hundred ten (210) days after the ROFO Termination Date, then such ROFO Transfer Shares shall continue to be subject to all of the provisions contained in this Agreement.
The list of the four (4) Contracted Assets in Secondary Geographies considered as Abengoa ROFO Assets will be updated to include a replacement Contracted Asset any time Yield acquires an asset or a ROFO Termination Date occurs with respect to a Contracted Asset from that list.
In case the Parties do not reach an agreement of which asset should be added to the list after 20 calendar days of such acquisition or ROFO Termination Date, Abengoa will in good faith propose three Contracted Assets in Secondary Geographies and Yield will pick one out of those three to be added to the list.
Buyer shall have from the Effective Date through 5:00 p.m. Colorado Springs, Colorado time on the date which is sixty (60) days after the later of the Effective Date and the ROFO Termination Date described in Section 4.5 below (the “Inspection Period”), within which to determine whether or not the Property is suitable for Buyer’s intended use, which determination shall be in Buyer’s sole discretion.