Examples of Second Borrowing in a sentence
Item 4 of the Schedule 13D is amended and supplemented as follows: On September 18, 2023, as a result of NEA 18 VGE funding a Borrowing (as defined in the Credit Agreement) for $10,000,000 (the “Second Borrowing Amount”), the Issuer issued 552,263 Warrants equal to the product of (i) the quotient of (A) the Second Borrowing Amount divided by (B) the Total Borrowing Commitment multiplied by (ii) the Maximum Warrants.
No later than 4:00 p.m., New York time, on the Second Borrowing Date, if the conditions precedent listed in Section 3.2 have been satisfied or waived, Lender shall make available the Additional Loan in Dollars in immediately available funds, and shall apply such funds pursuant to the terms of this Agreement.
Each of the representations and warranties in this Clause10.1 (Borrower’s Representations and Warranties) shall be deemed to be repeated by the Borrower on the First Borrowing Date and the Second Borrowing Date.
The aggregate principal amount of all Loans (including the Additional Loan) shall not exceed ninety percent (90%) of thirty percent (30%) of the Qualifying Costs previously incurred (within the meaning of the Cash Grant Guidance) through the Second Borrowing Date, as described in the certificates delivered pursuant to clauses (i) and (ii) above.
All Applicable Permits required for the construction of the Project and operation of the Project required to have been obtained by the Second Borrowing Date from any Governmental Authority have been issued and are in full force and effect and not subject to appeal or to any unsatisfied conditions that may allow material modification or revocation.
All of the Operative Documents to be executed and delivered with respect to the Project on or prior to the Second Borrowing Date shall be in full force and effect without change or amendment since the respective dates of their execution and delivery hereunder except as permitted hereunder.
Lender shall have received a certificate, dated as of the Second Borrowing Date, signed by a Responsible Officer of Borrower, in substantially the form of Exhibit F-5.
The First Borrowing and the Second Borrowing shall have occurred.
Borrower makes the following representations and warranties to and in favor of Lender as of the Financial Closing Date, as of the date of the Second Borrowing Date and as of the date of each certificate required under this Agreement (except that any representation or warranty in this Article 4 which relates expressly to an earlier date, by direct reference or by reference to a document dated a certain date, shall be deemed made only as of such date).
The first 200 metric tons of quantity placed on a test section will be paid at a factor of 1.5 times the bid price.