Second Amendment Warrants definition

Second Amendment Warrants means, collectively (i) those certain Warrants, dated as of the Second Amendment Effective Date, exercisable for an aggregate number of shares of common stock of the Borrower set forth on Schedule 3 under the column labelled “Second Amendment Effective Date Warrants” and delivered to the Tranche B Lenders (or their designated Affiliates) pursuant to Section 6(k) of the Second Amendment on the Second Amendment Effective Date and (ii) those certain Warrants, to be dated as of the Applicable Funding Date for each Borrowing of Tranche B Term Loans after the Second Amendment Effective Date, exercisable for an aggregate number of shares of common stock of the Borrower set forth on Schedule 3 under the column labelled “Subsequent Tranche B Funding Warrants” and delivered to the Tranche B Lenders (or their designated Affiliates) pursuant to Section 6.02(f), in each case, substantially in the form attached hereto as Exhibit O.
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Second Amendment Warrants those certain warrants to purchase 2,000,000 shares of Parent Common Stock at a purchase price of $0.01 per share, issued by Parent pursuant to the Fee Letter to the Lenders on the Second Amendment Effective Date, as may be amended, restated, supplemented or otherwise modified from time to time.
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Second Amendment Warrants means the warrants issued by the Company to WBMCF, the Xxxxx Xxxxxx Grantor Retained Annuity Trust dated January 31, 1994, the Xxxxxx Xxxxxx Grantor Retained Annuity Trust dated January 31, 1994, and Xxxxxxx Xxxxxxx in form and substance substantially identical to Exhibit D-3 attached hereto.” “‘Security Agreement’ shall mean that certain Security Agreement dated as of December 6, 2001 between the Loan Parties and WBMCF on behalf of itself and as agent on behalf of the other Lenders, as the same may be amended, supplemented, restated or otherwise modified from time to time.”
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Examples of Second Amendment Warrants in a sentence

  • The disclosures are not subject to audit except where they are equivalent to those prepared under accounting requirements and disclosed in the Bank’s Annual Report and Accounts.

  • Any Second Amendment Warrants Subsequent Shelf Registration Statement shall be a Second Amendment Warrants Shelf Registration Statement.

  • In connection with and as additional consideration for entering into the Second Amendment and the related Loan Documents upon the terms set forth therein, on the Second Amendment Effective Date, Parent shall execute and deliver to each Lender in proportion to each Lender’s Term Loan Commitment as of the Second Amendment Effective Date, the Second Amendment Warrants.

  • The Second Amendment Warrants shall be non-refundable for any reason and fully earned on the Second Amendment Effective Date.

  • Subject to the terms of this Second Amendment and the terms of the Second Amendment Warrants substantially in the form of Exhibit C, Borrower will issue warrants to purchase in the aggregate, 66,887 shares of the Common Stock, initially, at a price per share equal to the Second Amendment Conversion Price.

  • The Hercules Warrants, Second Amendment Warrants, Additional Warrant and the Fifth Amendment Warrant, collectively referred to as the Warrants, may be exercised on a cashless basis.

  • The parties agree that the Tranche B Term Loans are part of an investment unit within the meaning of Section 1273(c)(2) of the Code, which includes the Second Amendment Warrants delivered on the Applicable Funding Date for the Borrowing of such Tranche B Term Loans.

  • For U.S. federal income tax purposes, pursuant to Treasury Regulations § 1.1273-2(h), the Borrower, the Administrative Agent and the Lenders acknowledge that the “issue price” of the Tranche B Term Loans shall be reduced by the fair market value of the Second Amendment Warrants (as such fair market value is determined under such Second Amendment Warrants) delivered on the Applicable Funding Date for the Borrowing of such Tranche B Term Loans.

  • The Second Amendment Warrants and Conversion Warrants are “Registrable Securities” as defined in the First Amendment Registration Rights Agreement.

  • In lieu of the issuance of any such fractional share, Subscriber shall have the number of shares of Common Stock issued to Subscriber rounded up in the aggregate to the nearest whole number of shares of Common Stock.


More Definitions of Second Amendment Warrants

Second Amendment Warrants means any of those certain Warrants to Purchase Stock, dated on or about the Second Amendment Effective Date, issued by Borrower in favor of a Lender or such Lender’s Affiliates, all as may be amended, restated, or otherwise modified or supplemented from time to time.
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Second Amendment Warrants has the meaning set forth in the Credit Agreement.
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Second Amendment Warrants. Note 9", "Note 10", "Note 11", and the definitions thereof, as hereinafter provided, and
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Second Amendment Warrants means the warrants to purchase 66,887 shares, in the aggregate, of the Common Stock, dated the date hereof and issued by Borrower to each of the Second Amendment Lenders, substantially in the form of Exhibit C attached hereto.
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Second Amendment Warrants means the warrants issued by the Company to WBMCF, the Craig Wierda Grantor Retained Annuity Trust dated January 31, 0000, xxx Xxilie Wierda Grantor Retained Annuity Trust dated January 31, 0000, xxx Xxlliam Beckman in form and substance substantially identical xx Xxxxxxx X-0 attached hereto."
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Related to Second Amendment Warrants

  • Second Amendment Date means February 26, 2019.

  • Second Amendment Agreement means that certain Second Amendment Agreement dated as of October 4, 2011, among Xxxxx 0, xxx Xxxxxxxx, Xxxxxxx Xxxxx Capital Corporation, as administrative agent and collateral agent, and the Tranche B II Term Lenders party thereto, providing for, among other things, the amendment and restatement of the 2009 Credit Agreement.

  • Second Amendment means that certain Second Amendment to Second Amended and Restated Credit Agreement dated as of May 1, 2020, among the Borrower, the Guarantors party thereto, the Administrative Agent and the Lenders party thereto.

  • Second Amendment Closing Date has the meaning assigned to such term in the Second Amendment.

  • Fifth Amendment means the Fifth Amendment to Fifth Amended and Restated Credit Agreement dated as of August 25, 2016, among the Borrower, the Lenders party thereto, the Administrative Agent and the other Persons party thereto.

  • Third Amendment Date means June 23, 2020.

  • First Amendment means that certain First Amendment to Credit Agreement, dated as of February 27, 2017, among the Loan Parties, the Administrative Agent and the Lenders party thereto.

  • Fourth Amendment Closing Date the date on which all the conditions precedent set forth in Section 3 of the Fourth Amendment shall be satisfied or waived.

  • Eighth Amendment means the Eighth Amendment to Second Amended and Restated First Lien Credit Agreement dated as of May 23, 2014 among the Borrower, EPL, the Lenders, the Administrative Agent and the other Persons party thereto.

  • Third Amendment Closing Date has the meaning assigned to such term in the Third Amendment.

  • First Amendment Date means February 21, 2019.

  • Tenth Amendment means that certain Tenth Amendment to Credit Agreement, dated as of November 15, 2019, among Holdings, the Borrower, the other Credit Parties party thereto, the Administrative Agent, the Collateral Agent and the Lenders party thereto.

  • Seventh Amendment means the Waiver and Seventh Amendment to Sixth Amended and Restated Credit Agreement dated as of the Seventh Amendment Effective Date among the Borrower, the Administrative Agent and the Lenders.

  • Sixth Amendment means the Sixth Amendment to Amended and Restated Senior Secured Credit Agreement, dated as of November 5, 2021, by and among Administrative Agent, Collateral Agent, Lenders, the Borrower, Parent and Guarantors.

  • Third Amendment means that certain Third Amendment to Amended and Restated Credit Agreement dated as of the Third Amendment Effective Date, among the Borrower, the Guarantors party thereto, the Administrative Agent and the Lenders party thereto.

  • Fourth Amendment Date means April 30, 2021.

  • First Amendment Closing Date has the meaning assigned to such term in the First Amendment.

  • Ninth Amendment means the Ninth Amendment to Amended and Restated Senior Secured Credit Agreement, dated as of February 11, 2022, by and among Administrative Agent, Collateral Agent, Lenders, the Borrower, Parent and Guarantors.

  • Eleventh Amendment means that certain Eleventh Amendment to Credit Agreement, dated as of April 29, 2022, among Holdings, the Borrower, the other Credit Parties party thereto, the Administrative Agent, the Collateral Agent, the Lenders party thereto, the Revolving Letter of Credit Issuers and the various other parties party thereto.

  • Fourth Amendment means that certain Fourth Amendment to Credit Agreement, dated as of August 17, 2017, among Holdings, the Borrower, the Administrative Agent and the Lenders and other Credit Parties party thereto.

  • Amendment Agreement shall have the meaning assigned to such term in the recitals hereto.

  • Private Placement Warrants Purchase Agreement shall have the meaning given in the Recitals hereto.

  • Price amendment means the amendment to a registration statement filed under the Securities Act of 1933 or, if an amendment is not filed, the prospectus or prospectus supplement filed under the Securities Act of 1933 that includes a statement of the offering price, underwriting and selling discounts or commissions, amount of proceeds, conversion rates, call prices, and other matters dependent upon the offering price.

  • Existing Warrants means any warrants to purchase Common Stock outstanding on the date of this Agreement.

  • Second Amendment Effective Date has the meaning assigned to such term in the Second Amendment.

  • Fifth Amendment Effective Date shall have the meaning provided in the Fifth Amendment.