ROFR Financing definition

ROFR Financing shall have the meaning given to such term in Section 8.16.1.
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ROFR Financing is defined in Section 10.1.
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Examples of ROFR Financing in a sentence

  • In the event the Company or its Subsidiaries proposes to undertake a ROFR Financing, the Company must deliver to the Investors a written notice setting for the terms and conditions of such proposed ROFR Financing (the “Proposed Financing Notice”) no later than 20 days prior to the consummation of such proposed ROFR Financing.

  • Such Proposed Financing Notice shall contain all of the proposed terms and conditions of the proposed ROFR Financing, the identity of the parties contemplated to provide such ROFR Financing and the intended closing date of such ROFR Financing.

  • To exercise its Right of First Refusal under this Section 7.2, the Investors must deliver a notice to the Company within 15 days after delivery of the Proposed Financing Notice confirming the exercise of the Right of First Refusal and acceptance by the Investors of the ROFR Financing on the same material terms and conditions as set forth in the Proposed Financing Notice.

  • Such ROFR Initiation Notice shall state (i) the amount of such financing, (ii) the proposed acquisition target or property to be developed, (iii) to the extent permitted under any applicable non-disclosure or other restrictions, the terms of the ROFR Financing and (iv) that such proposed financing is to be consummated no earlier than fifteen (15) days following the date of such ROFR Initiation Notice.

  • No ROFR Financing may be consummated by the Company or its Subsidiaries following the 60th day after the date of the Proposed Financing Notice without the Company again delivering to the Investors an additional Proposed Financing Notice in compliance with this Article VII and again following the procedures set forth in this Article VII.

  • In order for such election to be effective, each Lender must commit to provide the full amount of the ROFR Financing; provided, that to the extent that more than one Lender agrees to provide a ROFR Financing, each participating Lender shall be entitled to participate pro rata based on the amount of Loans held by such Lender compared to the aggregate amount of Loans held by all Lender so participating.

  • Following delivery of any such ROFR Notice, the BSOF Entities shall take all steps reasonably necessary to effect the consummation of the ROFR Financing for all (or a portion thereof, as applicable) of its pro rata portion of the New Equity Securities to be sold in such ROFR Financing in accordance with the applicable definitive documentation setting forth the terms and conditions of such ROFR Financing.

  • The ROFR Financing Notice shall describe in reasonable detail the proposed terms of such Shelf Offering, the amount of proceeds intended to be raised thereunder and the Person or Persons through or with whom such Shelf Offering is proposed to be effected and shall include a term sheet or similar document relating thereto as an attachment.

  • In the event Lender elects to exercise its ROFR, Borrower agrees to take all action necessary to consummate the ROFR Financing with Lender as an investor within twenty (20) days of the date of Lender’s notice of exercise of the ROFR.

  • Should the Purchase desire to participate in such Shelf Offering it must provide a written notice to the Company, by no later than four (4) hours after the Purchaser has received the ROFR Notice, that it is willing to participate in the Prospective Financing, the amount of the Purchaser’s participation, and representing and warranting that the Purchaser has such funds ready, willing, and available for investment on the terms set forth in the ROFR Financing Notice.

Related to ROFR Financing

  • Other Financing shall have the meaning assigned to such term in Section 5.6(ii) hereof.

  • Junior Financing has the meaning set forth in Section 7.13(a).

  • New Financing means the Indebtedness incurred or to be incurred by Holdings and its Subsidiaries under the Credit Documents (assuming the full utilization of the Revolving Commitments) and all other financings contemplated by the Credit Documents, in each case after giving effect to the Transaction and the incurrence of all financings in connection therewith.

  • Co-financing means the financing referred to in Section 7.02 (h) and specified in the Loan Agreement provided or to be provided for the Project by the Co-financier. If the Loan Agreement specifies more than one such financing, “Co-financing” refers separately to each of such financings.

  • Cash-Out Refinancing A Refinanced Mortgage Loan the proceeds of which were in excess of the principal balance of any existing first mortgage on the related Mortgaged Property and related closing costs, and were used to pay any such existing first mortgage, related closing costs and subordinate mortgages on the related Mortgaged Property.