Examples of Second Tranche Note in a sentence
The Second Tranche Notes Issuance shall consist of Second Tranche Notes simultaneously issued by the Issuer to each of the Second Tranche Purchasers in accordance with their respective Second Tranche Note Purchase Commitments.
Upon any termination of the Second Tranche Note Purchase Commitments, the Second Tranche Note Purchase Commitments of each Appropriate Purchaser shall be reduced by such Purchaser’s Applicable Percentage of such reduction amount.
The Second Tranche Note Purchase Commitments will be automatically and permanently reduced to zero upon the Second Tranche Notes Issuance pursuant to Section 2.01(b).
Phoenix Success shall subscribe for, and Duomi Music shall issue, the Second Tranche Note in the aggregate principal amount of US$8,180,000 (equivalent to approximately HK$63,804,000).
The Issuer may, upon written notice to the Administrative Agent during the Second Tranche Availability Period, terminate in full the Second Tranche Note Purchase Commitments; provided, that: any such notice shall be received by the Administrative Agent not later than 9:00 a.m. five (5) Business Days prior to the date of termination.
For the avoidance of doubt, and to the extent applicable, the Company Parties acknowledge and agree that the holding period for purposes of Rule 144 under the U.S. Securities Act of 1933, as amended, of each of the Outstanding Notes and Warrants is not affected by this Agreement or the transactions contemplated hereby and tacks back to October 12, 2021, in the case of the First Tranche Note and the First Warrant, and January 28, 2022, in the case of the Second Tranche Note and the Second Warrant.
The Closing shall occur remotely via the exchange of documents and signatures on or prior to the Closing Date, promptly following the satisfaction of all conditions for Closing set forth below and all conditions necessary to consummate the issuance of the Second Tranche Note (as defined in the Amended Note Purchase Agreement) pursuant to the Amended Note Purchase Agreement.
Smiths Medical has not served notice to find the Second Tranche Note within the requisite time and therefore the option to fund the Second Tranche Note has lapsed and the First Tranche Note has automatically become a general unsecured obligation of Ivenix.
The Investor shall deliver to the Company, via wire transfer, immediately available funds equal to the Investor’s Subscription Amount as to the Second Tranche Closing as set forth on the signature page hereto executed by the Investor, and the Company shall deliver to the Investor the Second Tranche Note and a Warrants, as determined pursuant to Section 2.2(a), and the Company and the Investor shall deliver the other items set forth in Section 2.2 deliverable at the Second Tranche Closing.
On the Second Closing Date the Purchaser shall lend to the Company and the Company shall issue to the Purchaser the Second Tranche Note in the principal amount of an additional fifteen million United States dollars (US$15,000,000.00) (the “Second Closing Amount”).