Examples of Specified IPO in a sentence
For the avoidance of doubt, the failure to consummate the Specified IPO after the use of proceeds described in clause (b) of this Section 6.08 has been effected shall not, by itself, constitute a breach of this Agreement or a Default or Event of Default.
As of the Effective Date, the Initial Funding Date, each Specified IPO Dividend Borrowing Date and each Specified IPO Investment Repurchase Date, each Credit Party is and, as of the Initial Funding Date, each Specified IPO Dividend Borrowing Date and each Specified IPO Investment Repurchase Date, immediately after giving effect to each Borrowing on such date and the use of proceeds thereof, each Credit Party will be, Solvent.
Except in connection with Organization Documents of the Borrower and its Subsidiaries that are delivered pursuant to Section 6.01(c) after giving effect to the Specified IPO Transactions, promptly, but in any event within five (5) Business Days after the execution thereof, copies of any amendment, modification or supplement to the certificate or articles of incorporation, by-laws, any preferred stock designation or any other Organization Document of the Borrower or any Subsidiary.
Upon the consummation of the Specified IPO and the payment of all amounts required to be paid to the Agent pursuant to Section 1.8(d)(ii), all the Liens granted by Parent pursuant to any Collateral Document (including in the equity interests of Borrower) are hereby released (and the Agent is hereby authorized and directed, at the expense of the Borrower, to take all such actions, and execute all such documents or agreements, as are reasonably requested by the Borrower to evidence the foregoing).
Notwithstanding the foregoing, the Loan Parties may amend their organization documents and operating agreements as needed to effect the Specified IPO Transactions so long as Agent has received a copy.