Examples of Tranche C Closing in a sentence
The term “Closing” shall refer to the Initial Closing, the Tranche B Closing and any Tranche C Closing, as the context requires, and the term “Subsequent Closing” shall refer to the Tranche B Closing or any Tranche C Closing, as the context requires.
The Borrower may borrow under the Tranche C Term Loan Commitment on the Tranche C Closing Date, provided that, the Borrower shall deliver to the Administrative Agent a Borrowing Notice (which Borrowing Notice must be received by the Administrative Agent prior to 10:00 A.M., New York City time, one Business Day prior to the Tranche C Closing Date), specifying the amount of Tranche C Term Loans to be borrowed.
On the date that the Issuer confirms to the Purchaser’s counsel that such funds have been received (which shall occur promptly following receipt of the Tranche C Subscription Amount), the Tranche C Debenture shall be released to the Purchaser (and the date of receipt of such funds shall be deemed the Tranche C Closing Date).
Upon receipt of the Tranche C Debenture by counsel to the Purchaser and the execution and/or delivery of such other documents contemplated hereby to be executed and/or delivered on or prior to the Tranche C Closing, the Purchaser shall promptly cause a wire transfer in same day funds to be sent to the account of the Issuer, as instructed in writing by the Issuer, in an amount equal to the Tranche C Subscription Amount.
On the Tranche C Closing Date, provided the conditions set out in this Section 4.5 below have been fulfilled or waived on or before such date, the Issuer shall promptly deliver to Purchaser’s counsel, in trust, the Tranche C Debenture, registered in the name of the Purchaser, with instructions that such Tranche C Debenture is to be held in escrow for release to the Purchaser only upon payment of the Tranche C Subscription Amount to the Issuer, and confirmation of receipt of such payments by the Issuer.
Subject to the terms and conditions hereof, each Tranche C Term Loan Lender severally agrees to make a term loan (a “Tranche C Term Loan”) to the Borrower on the Tranche C Closing Date in an amount not to exceed the Tranche C Term Loan Commitment of such Lender.
The Debenture or Preferred Shares, as the case may be, and the Warrant purchased by the Purchaser at the Tranche C Closing are sometimes referred to as the Tranche C Debenture, the Tranche C Preferred Shares and the Tranche C Warrant, respectively.
Schedule 1 hereto sets forth the portion, if any, of the undersigned’s Tranche C Term Loan Commitment that the undersigned wishes to satisfy by converting to Tranche C Term Loans an equivalent portion of the undersigned’s Term Loans outstanding on the Tranche C Closing Date.
The incurrence of the Tranche C Loans by the Company hereunder shall not be enjoined (temporarily or permanently) on the Tranche C Closing Date.
Borrower shall issue, execute and deliver to each Lender to evidence such Lender’s Term Loan, (i) on the Tranche A Closing Date, a Tranche A Term Loan Note, (ii) on the Tranche B Closing Date, a Tranche B Term Loan Note, (iii) on the Tranche C Closing Date, a Tranche C Term Loan Note, (iv) on the Tranche D Closing Date, a Tranche D Term Loan Note, (v) on the Tranche E Closing Date, a Tranche E Term Loan Note, and (vi) on the Tranche F Closing Date, a Tranche F Term Loan Note.