Second Tranche Note definition

Second Tranche Note has the meaning set forth in Section 2.01(b).

Second Tranche Note means the Senior Secured Convertible Note due, subject to the terms therein, 18 months from the date of issuance, issued by the Company to the Investor hereunder, in the form of Exhibit A attached hereto.

Second Tranche Note means the convertible loan note in the form set out in Exhibit B to be issued by the Company on the Second Closing;

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”).

More Definitions of Second Tranche Note

Second Tranche Note means a Note of the Company that shall be issued pursuant to the Base Indenture as provided in Section 2.10 and shall have such other terms set forth in Section 2.10, the designation of which Note shall be the phrase “Series C Senior Component Debentures, Tranche 2, due 2023”.

Second Tranche Note has the meaning set forth in Section 2.01(b). “Second Tranche Note Purchase Commitment” has the meaning set forth in Section 2.01(b). The aggregate principal amount of the Second Tranche Note Purchase Commitments of all of the Second

Second Tranche Note means a convertible promissory note of the Company, substantially in the form attached hereto as Exhibit A, having an aggregate principal amount equal to the Second Tranche Note Amount and an initial conversion price equal to the Second Tranche Conversion Price.

Second Tranche Note means a secured senior subordinated note in the form attached as Exhibit E to the First Amendment.

Second Tranche Note means the promissory note of the Borrower substantially in the form set forth in Schedule “E” issued by the Borrower to the Agent on behalf of the Lenders at the Second Funding Date and evidencing the advance of the Second Tranche by the Lenders to the Borrower.

Second Tranche Note means up to $3,125,000 in principal Note issuable upon the Second Tranche Closing.