Examples of Third Borrowing in a sentence
The Administrative Agent shall have received a written Certificate certified by the Responsible Officer of the Borrower setting forth the Agreed Third Borrowing Invoices to be paid with the proceeds of the Third Borrowing and certifying the funds from the Second Borrowing were used to pay the Agreed Second Borrowing Invoices, in each case, as set forth in Section 5.12.
Borrower shall have delivered to Administrative Agent a notice certifying satisfaction of the Third Borrowing Milestone no later than thirty (30) days thereafter.
A Notice of Borrowing shall have been received no later than sixty (60) calendar days after achievement by Borrower of the Third Borrowing Milestone.
The Administrative Agent shall have received from the Borrower a promissory note (in respect of the Third Borrowing) signed on behalf of the Borrower (or written evidence satisfactory to the Administrative Agent (which may include telecopy transmission of a signed signature page to this Agreement) that such party has signed a counterpart of such promissory note).
Section 2.01(b) of the Credit Agreement is hereby amended by replacing the text “(other than the Third Borrowing Date, the Fourth Borrowing Date, the Fifth Borrowing Date and the Sixth Borrowing Date)” immediately after the text “on each Borrowing Date” in the first sentence of such Section with the text “(other than the Third Borrowing Date, the Fourth Borrowing Date, the Fifth Borrowing Date, the Sixth Borrowing Date and the Seventh Borrowing Date)”.
Section 2.01(b) of the Credit Agreement is hereby amended by (i) adding the text “(other than the Third Borrowing Date, the Fourth Borrowing Date, the Fifth Borrowing Date and the Sixth Borrowing Date)” immediately after the text “on each Borrowing Date” in the first sentence of such Section and (ii) adding the text “including accrued and unpaid interest thereon” immediately following the text “on such date”.
Section 1.01 of the Credit Agreement is hereby amended by restating the definition of “Fourth Borrowing Date” to read in its entirety as follows: “ Fourth Borrowing Date” means the Business Day on which the Fourth Loan is made as provided pursuant to Section 4.03, which date shall occur on or after the Third Borrowing Date.
For the Lenders, pro rata in accordance with their Proportionate Shares, the Warrants, duly executed by Borrower equal to 0.5% of the common stock of Borrower, calculated on a Fully-Diluted Basis (as defined in the Warrant) as of the dated of the Third Borrowing).
The type and location of each valve shall be designated by the city and approved by the governing utility district.
Item 4 of the Schedule 13D is amended and supplemented as follows: On October 31, 2023, as a result of NEA 18 VGE funding a Borrowing (as defined in the Credit Agreement) for $3,643,411 (the “Third Borrowing Amount”), the Issuer issued 100,606 Warrants equal to the product of (i) the quotient of (A) the Third Borrowing Amount divided by (B) the Total Borrowing Commitment multiplied by (ii) the Maximum Warrants.