Examples of Second Tranche Warrants in a sentence
The remedies provided in this Warrant shall be cumulative and in addition to all other remedies available under this Warrant, the Second Tranche Warrants, the Credit Agreement and the Registration Rights Agreement and any other Loan Document, at law or in equity (including a decree of specific performance and/or other injunctive relief), and nothing herein shall limit the right of the Holder to pursue actual damages for any failure by the Company to comply with the terms of this Warrant.
The Company shall obtain Stockholder Approval by written consent as promptly as reasonably practical after the date hereof, which shall authorize the Exercise of such number of shares of Common Stock pursuant to this Warrant exceeding the 19.99% Cap, in addition to the issuance of additional warrants from the Company to Holder (the “Second Tranche Warrants”) and the shares of Common Stock exercisable under the Second Tranche Warrants (the “Second Tranche Warrant Shares”).
The Company hereby irrevocably releases the Purchaser from any and all obligations under the Securities Purchase Agreement with respect to the PT Earnout, the PT Earnout Amount, the proposed issuance and purchase of the Second Tranche Notes and Second Tranche Warrants, and to effect the transactions contemplated to occur at the Second Tranche Closing.
Upon exercise of the Second Tranche Warrants, in whole or, from time to time, in part, and upon payment of the exercise price therefor, in accordance with the terms of the Second Tranche Warrants, the Purchasers will acquire good and marketable title to the Second Warrant Shares, free and clear of all Liens, and such Second Warrant Shares shall be validly issued, fully paid and nonassessable.
Certain provisions were already known to the authors because, as mentioned above, the literature and empirical evidence on franchise contracts have analyzed specific provisions (such as those relating to payment structure, contract duration, selling prices, territorial exclusivity or tying).