Tranche 2 definition
Examples of Tranche 2 in a sentence
Lender shall fund the Tranche 2 Commitment in the aggregate amount of Four Million Five Hundred Thousand Dollars ($4,500,000) upon Borrower’s request for a Tranche 2 Loan during the period commencing on the Tranche 2 Start Date and ending on the Tranche 2 End Date, so long as Borrower has satisfied the Tranche 2 Milestone prior to the time of submission of the Tranche 2 Loan request.
If the Seller exercises such option to cancel the Tranche 2 Closing, then upon the closing of such Change of Control, all obligations set forth in Section 3.7(a)(i) above shall terminate, and the Seller shall have no obligation to sell, transfer, assign or convey to the Buyer, and the Buyer shall have no obligation to purchase, acquire or accept the Tranche 2 Incremental Revenue Participation Right.
So long as a Material Breach is not continuing or uncured, then following such notice the Buyer shall promptly (and in any event within ten (10) Business Days following such notice) pay to the Seller the Tranche 2 Purchase Price (the “Tranche 2 Closing”).
For the avoidance of doubt, if, notwithstanding the Seller’s delivery of a Tranche 2 Cancellation Notice, such Change of Control does not occur for any reason, then Section 3.7(a)(i) shall continue in full force and effect in accordance with its terms, including the obligation to consummate the Tranche 2 Closing upon the occurrence of the Tranche 2 Trigger.
If the Tranche 2 Closing has not occurred, the Seller shall have the option (but not the obligation), by irrevocable written notice to the Buyer (the “Tranche 2 Cancellation Notice”) at least three (3) Business Days prior to the consummation of such Change of Control, to elect to cancel the Tranche 2 Closing.