SBA Funding Date definition

SBA Funding Date means each date on which each of the following has occurred (i) a Lender which is an SBIC funds any portion of the Term Loans, (ii) prior written notice of the same has been provided to Borrower and (iii) a completed Addendum 1 to this agreement has been delivered by Borrower to Agent, which shall occur promptly (but in any event within three (3) Business Days) after the notice provided in clause (ii) above.

SBA Funding Date means each date on which a Lender which is an SBIC funds any portion of the Term Loan.

SBA Funding Date means the Closing Date (such date being the date on which a Lender which is an SBIC funds any portion of the Loan, which such date can only occur upon the confirmation by Borrower in its sole discretion that on such date it meets the requirements under Addendum 2).

Examples of SBA Funding Date in a sentence

• Borrower will not have, on or within one year after each SBA Funding Date and each other Loan provided by a Lender that is an SBIC more than 49 percent of its employees or tangible assets located outside the United States of America.

• Borrower represents and warrants to Agent and the Lenders that the information regarding Borrower and its affiliates set forth in the SBA Form 480, Form 652 and Form 1031 and the Use of Proceeds Statement delivered as of each SBA Funding Date is accurate and complete.

• Borrower will not have, on or within one year after the SBA Funding Date and each other Loan provided by a Lender that is an SBIC more than 49 percent of its employees or tangible assets located outside the United States of America.

• Borrower represents and warrants to Agent and Lender that the information regarding Borrower and its affiliates set forth in the SBA Form 480, Form 652 and Form 1031 and the Use of Proceeds Statement delivered as of each SBA Funding Date is accurate and complete.

• Borrower represents and warrants to Agent and Lenders that the information regarding Borrower and its affiliates set forth in the SBA Form 480, Form 652 and Form 1031 and the Use of Proceeds Statement delivered as of the SBA Funding Date is accurate and complete.

• Portions of the Loan to Borrower may be by any Lender that is a SBIC on any SBA Funding Date.

• The representation in this subsection (7) is made only as of the SBA Funding Date for any Loan advanced hereunder.

• The documentary deliverables described in Exhibit I to this Agreement shall be completed by Borrower on or before each SBA Funding Date and delivered to Agent.

• Borrower will not, on or within one year after each SBA Funding Date and each other Loan provided by a Lender that is an SBIC, have more than 49 percent of its employees or tangible assets located outside the United States of America.

• Borrower represents and warrants to Agent and Lenders that the information regarding Borrower and its affiliates set forth in the SBA Form 480, Form 652 and Form 1031 and the Use of Proceeds Statement delivered as of each SBA Funding Date is accurate and complete.

More Definitions of SBA Funding Date

SBA Funding Date means each date on which a Lender which is an SBIC funds any portion of the Term Loan. “Second Amendment Effective Date” means November 1, 2021.

SBA Funding Date means each date on which a Lender which is an SBIC funds any portion of the Term Loans. “Secured Obligations” means Borrower’s obligations under this Agreement and any Loan Document, including any

SBA Funding Date means each date on which a Lender which is an SBIC funds any portion of the Term Loan. “Second Amendment Effective Date” means November 1, 2021. “Secured Obligations” means Borrower’s obligations under this Agreement and any Loan Document, including any obligation to pay any amount now owing or later arising. “Simcere License Agreement” means that certain License Agreement, dated as of August 3, 2020, by and between Borrower and Simcere Pharmaceutical Co., Ltd., (formerly known as Nanjing Simcere Dongyuan Pharmaceutical Co., Ltd.) (“Simcere”), as amended by that certain Amendment No. 1 to License Agreement, effective as of October 30, 2020, that certain Second Addendum to License Agreement, effective as of March 22, 2022, and that certain Third Amendment to License Agreement, effective as of April 23, 2023. “Subordinated Indebtedness” means Indebtedness subordinated to the Secured Obligations in amounts and on terms and conditions satisfactory to Agent in its reasonable discretion and subject to a “deep” subordination agreement (i.e., “deep” payment, lien and enforcement subordination) in form and substance satisfactory to Agent in its reasonable discretion. “Subsequent Financing” means the closing of any Borrower financing which becomes effective after the Closing Date and is marketed to multiple investors. “Subsidiary” means an entity, whether a corporation, partnership, limited liability company, joint venture or otherwise, in which Borrower owns or controls 50% or more of the outstanding voting securities, including each entity listed on Schedule 1 hereto. “T3M Net Product Revenue” means Borrower’s net product revenue (as determined in accordance with GAAP) solely from the sale of [* * *] (which shall not include any royalty, profit sharing, or milestone revenue (including pursuant to any Permitted Royalty Transaction)), measured on a trailing three-month basis as of the date of the most recently delivered monthly financial statements in accordance with Section 7.1(a). “T6M Net Product Revenue” means Borrower’s net product revenue (as determined in accordance with GAAP) solely from the sale of [* * *] (which shall not include any royalty, profit sharing, or milestone revenue (including pursuant to any Permitted Royalty Transaction)), measured on a trailing six-month basis as of the date of the most recently delivered monthly financial statements in accordance with Section 7.1(a).