Examples of Tranche IV in a sentence
If and whenever at any time after the Tranche I Closing and prior to the Tranche IV Closing, the Company effects a Share Reorganization, then the number of Tranche IV Shares subscribed for and to be issued at the Tranche IV Closing will be adjusted as of the date of the Share Reorganization such that CommScope will receive at the Tranche IV Closing the same proportion of Tranche IV Shares as if the Tranche IV Closing had occurred without any Share Reorganization.
The Tranche I Closing, the Tranche II Closing, the Tranche III Closing and the Tranche IV Closing shall take place at the Tranche I Closing Time, the Tranche II Closing Time, the Tranche III Closing Time and the Tranche IV Closing Time, respectively, at the offices of Torys LLP located at 00 Xxxxxxxxxx Xxxxxx West, Suite 3000, Toronto, Ontario, or at such other place as may be agreed upon by the Company and CommScope.
IV Shares for the Benefit of CommScope The Company acknowledges and agrees that CommScope’s obligations to purchase the Tranche IV Shares from the Company is subject to the fulfillment of each of the following conditions, which are for the exclusive benefit of CommScope and may be waived, in whole or in part, by CommScope in its sole discretion.
All representations, warranties and acknowledgments contained in this Article 3 shall terminate on the Tranche IV Closing Date (except for those with respect to which a claim for indemnification has been filed prior to such date).
Subject to the terms and conditions of this Agreement and subject to Lender’s approval in its sole and absolute discretion, no later than December 15, 2020, Borrower may request and Lender may severally (and not jointly) make a Term Loan Advance in a principal amount not to exceed its respective Tranche IV (Discretionary I) Term Commitment (the “Tranche IV (Discretionary I) Advance”).
Without the prior written consent of CommScope, the Company shall not declare or pay a stock dividend or an extraordinary dividend in cash or property with respect to the Common Shares from the date of this Agreement up to and including the Tranche IV Closing Date.
As of April 12, 2019, the parties agreed to settle Tranche IV by transferring 120,070 shares of the Company’s common stock, immediately following the merger Transaction on a post-reverse stock split basis, to 4SC AG while keeping Tranche III in effect.
Any similar charge applicable to payment of any of the Tranche IV (Discretionary I) Advance, Tranche V Advance, Tranche VI Advance or Discretionary Advance II will be determined prior to the Advance Date thereof.
CommScope shall satisfy the Tranche IV Subscription Price at the Tranche IV Closing Time by a wire transfer of funds to the Company of an amount equal to the Tranche IV Subscription Price.
IV Shares for the Benefit of the Company CommScope acknowledges and agrees that the Company’s obligations to sell the Tranche IV Shares to CommScope is subject to the fulfillment of each of the following conditions, which are for the exclusive benefit of the Company and may be waived, in whole or in part, by the Company in its sole discretion.