Tranche 2 Notice definition

Tranche 2 Notice means a written notice delivered by the Company to the Purchaser following the good faith determination by a majority of the independent directors of the Board that the Company needs the proceeds from the sale of the Tranche 2 Common Shares for liquidity purposes.
Tranche 2 Notice means a written notice from the Company to the Purchasers that the Company will issue and sell the Tranche 2 Shares (defined below) at the Tranche 2 Closing (defined below), which notice shall (x) be distributed by the Company (if applicable) promptly following the occurrence of the Tranche 2 Milestone and (y) state the Tranche 2 Per Share Price (defined below).
Tranche 2 Notice means the Board’s written notice to an Investor stating (a) that all of the Call Conditions to a Subsequent Closing are either satisfied or waived (other than conditions which, by their nature, are to be satisfied on the Subsequent Closing Date) and (b) the amount of such Tranche 2 Cash Investment to be made by such Investor. For the avoidance of doubt, no Tranche 2 Notice shall be valid unless the Investor to which such Tranche 2 Notice is delivered shall have requested such Tranche 2 Notice in accordance with the terms and conditions set forth in the Investment Agreement.

Examples of Tranche 2 Notice in a sentence

  • If a Tranche 2 Notice has been duly delivered pursuant to Section 3.01, the closing of the issuance, purchase and sale of the Tranche 2 Shares provided for in this Article III (the “Tranche 2 Closing”) will take place at 10:00 a.m., Denver, Colorado time on the second business day following the date of the Tranche 2 Notice, at the offices of Faegre & Xxxxxx LLP, 3200 Xxxxx Fargo Center, 0000 Xxxxxxx Xxxxxx, Xxxxxx, XX 00000, unless another time, date or place is agreed to by the Investor and the Company.

  • A Tranche 2 Notice of Borrowing shall not be revocable by Borrower.

  • Upon receipt of a Tranche 2 Notice, the Company shall be obligated to sell the Tranche 2 Shares, upon the terms and subject to the conditions set forth herein.

  • Such Tranche 2 Notice shall state that the Investor is exercising the Tranche 2 Option for all the Tranche 2 Shares for the aggregate Tranche 2 Exercise Price (as defined below).


More Definitions of Tranche 2 Notice

Tranche 2 Notice has the meaning set forth in Section 2.1(a).
Tranche 2 Notice has the meaning set forth in Section 4.01.

Related to Tranche 2 Notice

  • Commitment Increase Notice as defined in Section 2.1(b).

  • Activation Notice have the meanings ascribed thereto in Annex C.

  • Non-Extension Notice Date has the meaning specified in Section 2.03(b)(iii).

  • Facility Increase Request means the notice in the form of Exhibit H pursuant to which the Borrowers request an increase of the Maximum Commitment in accordance with Section 3.6.

  • Increase Notice has the meaning specified in Section 2.05(c)(ii).

  • Tranche B Term Commitment as to any Tranche B Term Lender, the obligation of such Tranche B Term Lender to make an Initial Tranche B Term Loan to the Borrower in the principal amount set forth under the heading “Tranche B Term Commitment” opposite such Tranche B Term Lender’s name on Schedule 2.1 to this Agreement. The aggregate principal amount of the Tranche B Term Commitments as of the Closing Date is $1,025,000,000.

  • Incremental Term Commitment means, with respect to any Lender, the commitment, if any, of such Lender, established pursuant an Incremental Facility Agreement and Section 2.21, to make Incremental Term Loans of any Series hereunder, expressed as an amount representing the maximum principal amount of the Incremental Term Loans of such Series to be made by such Lender.

  • Commitment Reduction Notice has the meaning given that term in Section 2.13.

  • Tranche A Term Commitment as to any Lender, the obligation of such Lender, if any, to make a Tranche A Term Loan to the Borrower on the Incremental Facilities Closing Date in a principal amount not to exceed the amount set forth under the heading “Tranche A Term Commitment” opposite such Lender’s name on Schedule 1.1A. The original aggregate amount of the Tranche A Term Commitments is $20,000,000.

  • Tranche the collective reference to Eurodollar Loans the then current Interest Periods with respect to all of which begin on the same date and end on the same later date (whether or not such Loans shall originally have been made on the same day).

  • Delayed Draw Term Loan Commitment Termination Date means the earliest to occur of (i) December 31, 2008, (ii) the date the Delayed Draw Term Loan Commitments are permanently reduced to zero pursuant to Section 2.1, and (iii) the date of the termination of the Delayed Draw Term Loan Commitments pursuant to Section 11.1.

  • Extended Term Loan Repayment Amount shall have the meaning provided in Section 2.5(c).

  • Tranche C Term Loan Commitment means the commitment of a Lender to make a Tranche C Term Loan to Company pursuant to subsection 2.1A(iii), and "Tranche C Term Loan Commitments" means such commitments of all Lenders in the aggregate.

  • Participation Notice has the meaning set forth in Section 4.2;

  • Class Notice means the COURT APPROVED NOTICE OF CLASS ACTION SETTLEMENT AND HEARING DATE FOR FINAL COURT APPROVAL, to be mailed to Class Members in English in the form, without material variation, attached as Exhibit A and incorporated by reference into this Agreement.

  • CAFA Notice refers to the notice requirements imposed by 28 U.S.C. § 1715(b).

  • Initial Term Loan Repayment Amount shall have the meaning provided in Section 2.5(b).

  • Term Loan Commitment Termination Date means with respect to the Tranche B Term Loans, the date which is the earlier to occur of (x) the date which is seven years after the Third Restatement Date and (y) the first date on which all undrawn Term Loan Commitments have been terminated or reduced to zero pursuant to the terms hereof.

  • Incremental Term Commitments has the meaning set forth in Section 2.14(a).

  • Maturity Date Extension Request means a request by the Borrower, in the form of Exhibit G hereto or such other form as shall be approved by the Administrative Agent, for the extension of the Maturity Date pursuant to Section 2.20.

  • Tranche C Term Loan as defined in Section 2.1.

  • Extension Request means any Term Loan Extension Request or a Revolver Extension Request, as the case may be.

  • Revolving Loan Commitment Termination Date means the earliest of

  • Tranche A Term Loan Commitment means the commitment of a Lender to make or otherwise fund the Tranche A Term Loan and “Tranche A Term Loan Commitments” means such commitments of all Lenders in the aggregate. The amount of the Tranche A Term Loan Commitments as of the Closing Date is $5,000,000.

  • Term Commitment Increase has the meaning specified in Section 2.14(a).

  • Non-Extension Notice has the meaning specified in Section 2.10.