Draw Down Terms. Subject to the satisfaction of the conditions set forth in this Agreement, the parties agree as follows:
Draw Down Terms. Subject to the satisfaction of the conditions set forth in this Agreement, and subject to Section 6.02 and Section 6.03 below, the Parties agree (unless otherwise mutually agreed upon by the Parties in writing) as follows:
Draw Down Terms. (a) Each Purchaser must inform the Company by delivering on or before August 31, 2014, a Draw Down Notice, in the form of Exhibit B hereto (the “Draw Down Notice”), via facsimile or email transmission in accordance with Section 7.3, as to the dollar amount of the Purchaser’s proposed Draw Down (the “Purchaser Draw Down Amount”) such Purchaser wishes to exercise; provided, however, that any Draw Down must be for at least the Minimum Dollar Amount.
Draw Down Terms. Subject to the satisfaction of the conditions set forth in Section 3 hereof, the parties agree as follows:
Draw Down Terms. Notwithstanding anything to the contrary in the Agreement, the Subscription shall be funded in one or more installments in such amounts and at such times within the Investment Period (defined below) as the Company determines in its sole discretion (each such installment, a “Draw Down”); provided, that the aggregate dollar amount of all Draw Downs shall not exceed the Subscription Amount. Each Draw Down shall be initiated by the Company via the delivery to the Subscriber of a notice (email to suffice) (each, a “Draw Down Notice”) setting forth the dollar amount the Company desires to draw down (each, a “Draw Down Amount”). The Subscriber shall remit each Draw Down Amount to the Company by wire transfer of immediately available funds within three (3) business days after receipt of such Draw Down Notice, and upon receipt of such wire transfer by the Company (i) the principal amount of the Subscriber Note (defined below) shall be increased as provided in Section 2 hereof and (ii) the Company shall issue to the Subscriber (a) a [Xxxxx] Warrant (defined below) to purchase the number of Class B common units of the Company determined pursuant to Section 3 hereof [and (b) an Advisory Warrant (defined below) to purchase the number of Class B common units of the company determined pursuant to Section 4 hereof] (each, a “Settlement”). In the event that a Draw Down Amount set forth in any Draw Down Notice, if funded, would result in Subscriber funding an amount in excess of the Subscription Amount, such Draw Down Amount shall be automatically reduced to the dollar amount which, once funded by the Subscriber, would result in the aggregate dollar amount of all Draw Downs to equal the Subscription Amount. For clarity, the Company shall not be obligated to Draw Down the entire Subscription Amount, and as such the Company shall be deemed to have accepted the Subscription only to the extent of the dollar amount equal to the lesser of (x) the Subscription Amount and (y) the sum of all Draw Down Amounts with respect to which the Company shall have timely delivered to the Subscriber Draw Down Notices within the Investment Period. Addendum to Subscription Agreement
Draw Down Terms. Section 6.1 of the Purchase Agreement is hereby amended by deleting the section in its entirety and substituting, in lieu thereof, the following:
Draw Down Terms. Section 6.1
Draw Down Terms. Subject to the terms and conditions set forth in this Agreement, the parties agree as follows:
Draw Down Terms. Section 5.1.
Draw Down Terms. 5.1 Subject to the satisfaction of the conditions and subject to the limitations set forth in this Agreement:
