Examples of Second Draw Milestone in a sentence
Upon the achievement of the Second Draw Milestone, the amount of such Borrowing shall equal $5,000,000; provided that if the Company shall have consummated a Qualified Financing resulting in net cash proceeds to Borrower of at least$10,000,000, the amount of such Borrowing may equal, at Borrower’s option, either $5,000,000 or $10,000,000.
Borrower shall have delivered to Administrative Agent a notice certifying satisfaction of the condition set forth in clause (a) of the Second Draw Milestone no later than *** thereafter, and the Lenders shall have been reasonably satisfied with the results of its audit of Borrower’s Product Revenue by examining Borrower’s books and records.
A Notice of Borrowing shall have been received no later than *** after satisfaction of the condition set forth in clause (a) of the Second Draw Milestone.
From and after such time that Borrower has achieved the Second Draw Milestone, if Borrower so elects, Lender shall make one (1) additional Loan to Borrower (the “Subsequent Loan”) in the principal amount of up to Five Million Dollars ($5,000,000).
No Material Adverse Change has occurred and solely with respect to the Term B Loan, the Second Draw Milestone has occurred.
Notwithstanding the foregoing, in the event Borrower fails to achieve the Second Draw Milestone, but achieves an average Market Capitalization of at least $*** for the *** ending December 31, 2017, subject to the conditions precedent set forth in clauses (a), (b), and (g) above and subject to the receipt of a Notice of Borrowing no later than *** after December 31, 2017, a second Borrowing in an amount equal to $5,000,000 shall be made available to Borrower.
Notwithstanding the foregoing, in the event Borrower fails to achieve the Second Draw Milestone, but achieves an average Market Capitalization of at least $150,000,000 for the *** ending December 31, 2017, subject to the conditions precedent set forth in clauses (a), (b), and (g) above and subject to the receipt of a Notice of Borrowing no later than *** after December 31, 2017, a second Borrowing in an amount equal to $5,000,000 shall be made available to Borrower.