Third Tranche Note Purchase Commitment definition
Third Tranche Note Purchase Commitment means, as to each Third Tranche Purchaser, its commitment to purchase a Third Tranche Note, in the principal amount set forth opposite such Third Tranche Purchaser’s name in the Third Tranche Joinder Agreement. The aggregate principal amount of the Third Tranche Note Purchase Commitments of all of the Third Tranche Purchasers shall not exceed TWENTY-FIVE MILLION DOLLARS ($25,000,000).
Third Tranche Note Purchase Commitment means, as to each Third Tranche Purchaser, its commitment to purchase a Third Tranche Note, in the principal amount set forth opposite such Third Tranche Purchaser’s name on Schedule 2.01. The aggregate principal amount of the Third Tranche Note Purchase Commitments of all of the Third Tranche Purchasers shall not exceed TWENTY-FIVE MILLION DOLLARS ($25,000,000).
Third Tranche Note Purchase Commitment means, as to each Third Tranche Purchaser, its commitment to purchase a Third Tranche Note, in the principal amount set forth opposite such Third Tranche Purchaser’s name in the Third Tranche Joinder Agreement. The aggregate principal amount of the Third Tranche Note Purchase Commitments of all of the Third Tranche Purchasers shall not exceed ONE HUNDRED FIFTY MILLION DOLLARS ($150,000,000). “Third Tranche Notes Issuance” means an issuance of simultaneous Third Tranche Notes by the Issuer to each of the Third Tranche Purchasers pursuant to Section 2.01(c). “Third Tranche Notes Issuance Date” has the meaning set forth in Section 2.01(c). “Third Tranche Purchase Conditions” means the conditions that (a) the Issuer shall have delivered (prior to the date that any purchase of the Third Tranche Notes is requested in accordance with Section 2.02(a)) to the Administrative Agent (i) a certificate of a Responsible Financial Officer of the Issuer (in form and substance reasonably satisfactory to the Required Purchasers), certifying that (A) Consolidated Daxi Net Product Sales, for any consecutive twelve (12) month period preceding the date that the applicable purchase of Third Tranche Notes is requested to be made, were at least $50,000,000, (B) the Amortization Trigger Date shall not have occurred prior to the date that a Notes Issuance Notice with respect to the Third Tranche is delivered by the Issuer to the Administrative Agent and (C) (I) [***] (ii) evidence reasonably satisfactory to the Third Tranche Purchasers demonstrating compliance with the requirements in the foregoing clause (a)(i) and (iii) the financial statements required to be delivered pursuant to Section 7.01 or such other financial statements as are reasonably satisfactory to the Required Purchasers for such consecutive twelve (12) month period (and such other supporting documentation as the Required Purchasers shall reasonably request) and (b) the Second Tranche Notes Issuance shall have been consummated prior to the date that a Notes Issuance Notice with respect to the Third Tranche is delivered by the Issuer to the Administrative Agent. “Third Tranche Purchaser” means each of the Persons identified as a “Third Tranche Purchaser” in the Third Tranche Joinder Agreement, together with their respective successors and assigns. “Three-Month Term SOFR” means [***]. “Three Month Treasury Rate” means, as of any date of determination, the weekly average yield as of such date of determination of actually...
Examples of Third Tranche Note Purchase Commitment in a sentence
Athyrium hereby consents to the commitment by each Third Tranche Purchaser to purchase the Third Tranche Notes equal to such Third Tranche Purchaser’s Third Tranche Note Purchase Commitment during the Third Tranche Availability Period on the terms and conditions set forth herein.