Capital Raise Clause Samples

Capital Raise. Borrower shall have provided Lender with evidence reasonably satisfactory to Lender that ▇▇▇▇▇▇▇▇ has, during the six (6) months immediately preceding the Funding Date of Loan C, received cash proceeds in an amount not less than Fifteen Million Dollars ($15,000,000) as the result of the sale of Borrower’s Equity Securities; provided, however, that, for the avoidance of doubt, if the amount of such cash proceeds received by Borrower is a de minimis amount less than Fifteen Million Dollars ($15,000,000) as a result of ordinary course price per share rounding, Borrower shall be deemed to have satisfied the this Section 3.3(d) in full.

Capital Raise. The Investors shall have received an indicative term sheet regarding a transaction to provide for third-party funding to the Note Obligors in form and substance reasonably satisfactory to the Investors.

Capital Raise. The Company shall file within 14 days of the Closing Date a registration statement with the Commission for a public offering, and pursue and consummate a financing transaction within 90 days of the Closing Date, the proceeds of which shall be used as set forth in the Registration Statement (including to repay the Principal Amount).

Capital Raise. By no later than January 31, 2011, Buyer shall have secured sufficient capital to: (a) pay the balance of the Purchase Price due from Buyer at Closing in cash; and (b) purchase or replace all reserves and escrows held pursuant to the Loan; if Buyer is unable to secure sufficient capital to satisfy this condition by the date herein stated, Buyer shall not be in default under this Agreement, but in such event, Buyer shall give Seller notice of such failure not later than said date, in which event this Agreement shall terminate, the Deposit shall be returned to Buyer, and Buyer shall have no further interest in the Property; provided, Buyer shall have the right to waive this condition, which Buyer shall be deemed to have done if Buyer does not give notice and terminate this Agreement as stated above in this Subsection. If Buyer waives this condition but then is unable to close due to failure to raise sufficient capital in time for Closing by the Scheduled Closing Date, provided the failure to close is not also due in any part to a Seller default, Buyer shall be deemed to be in default, and Seller shall have the remedy provided under Section 15.2.

Capital Raise. In connection with the acquisition, holding, leasing, operating and selling the SPV Property, the Company is seeking to raise approximately $4,650,000. Use of Proceeds: As set forth on Exhibit B attached hereto and incorporated by this reference.

Capital Raise. Within one (1) business day after the closing of a transaction or series of transaction resulting in a capital raise of at least $100,000.00, the Company shall pay to the Purchasers, pro rata to the principal amount of their Notes outstanding at the time of such closing, 25% of the gross proceeds as a payment toward amount due on the Notes.

Capital Raise. A signed purchase agreement(s) shall have been received to purchase shares of Nexus Common Stock, upon such terms and conditions that are acceptable to NBPC.

Capital Raise. Following the date of this Agreement and prior to the Closing, the Company shall have raised a minimum of $2.5 million through the consummation of one or more equity financings, whether in the form of capital stock, securities exercisable, exchangeable or convertible into capital stock, simple agreements for future equity, or other securities. For the avoidance of doubt, this amount shall not include the Promissory Note or any amounts paid or loaned to the Company by ▇▇▇▇▇ or Fine prior to the date of this Agreement.

Capital Raise. Seller acknowledges that notwithstanding anything to the contrary in this Agreement, ▇▇▇▇▇ is not responsible for any obligation or payment under the terms or any interpretation of the Section 1.11 (Capital Raise) of the Farmout Agreement. Seller indemnifies Buyer as to the conditions or obligations of the Section 1.11 of the Farmout Agreement.