Equity Funding. The Equity Contribution Agreement shall continue to be in full force and effect and, to the Borrower’s knowledge, no material breaches or defaults have occurred and are continuing thereunder.
Equity Funding. The Owner Participant will advance (a) its Equity Investment and (b) amounts necessary to pay all Transaction Expenses.
Equity Funding. The Company shall have received evidence of (i) the funding of all of the Investment Commitments (as defined in the Equity Commitment Letter) into the Escrow Account (as defined in the Equity Commitment Letter) in accordance with the Equity Commitment Letter, (ii) the funding of all Backstop Commitments (as defined in the Backstop Agreement) into the Escrow Account (as defined in the Backstop Agreement) in accordance with the Backstop Agreement, (iii) the funding of all amounts subscribed for and payable by the Rights Holders (as defined in the Backstop Agreement) in the Rights Offering, if any, into the Escrow Account (as defined in the Backstop Agreement) in accordance with the Backstop Agreement, (iv) each of the Purchasers having delivered joint written instructions to the Escrow Agent (as defined in the Equity Commitment Letter) stating that (A) the Escrow Agent shall draw the full amount of each Qualifying Letter of Credit (as defined in the Equity Commitment Letter) at the First Closing and (B) the funds held in such Escrow Account (including all such amounts drawn under the Qualifying Letters of Credit), other than funds in an amount equal to the OV2 Investment Commitment (as defined in the Equity Commitment Letter), shall be released to Parent at the First Closing in accordance with this Agreement and (v) Parent having delivered written instructions to the Subscription Agent (as defined in the Backstop Agreement) stating that (A) the Subscription Agent shall draw the full amount of each Qualifying Letter of Credit (as defined in the Backstop Agreement) at the First Closing and (B) the funds held in such Escrow Account (including all such amounts drawn under the Qualifying Letters of Credit) shall be released to Parent at the First Closing in accordance with this Agreement.
Equity Funding. The Purchasers (as defined in the Purchase Agreement) shall have purchased from the Company for cash Preferred Stock pursuant to the Purchase Agreement in an amount equal to at least $29,002,531.
Equity Funding. Acquiror will use its best efforts to raise a minimum of $800,000 (or such lesser amount as provided in this section) or maximum of $2,300,000 ('Equity Funding') of net proceeds from the proposed issuance of convertible preferred stock and Common Stock. No more than 1,000,000 shares of Common Stock shall be issued or reserved for issuance in connection with the offering and the per share price of Common Stock shall be no less than $3.00 a share. Any preferred stock sold shall bear a per annum dividend rate of no greater than 10-3/4%. In the event that one or more of the debt holders listed on Schedule 9.12 elects to convert his or her debt into Preferred Stock at the closing, then the Equity Funding requirements shall be reduced by the amount of debt converted pursuant to Section 9.12."
Equity Funding. Borrower equity ("Equity") consists of the aggregate of:
Equity Funding. BORROWER undertakes to provide as equity funding the amount of nine million, three hundred and twenty-six thousand, two hundred and eighty-eight reals and seventy-four cents (R$9.326.288,74), in the proportion of the amounts released by BNB, pari passu, including the release by BNB of the first tranche of this loan. PARAGRAPH ONE – BNB shall make the first release under this loan only after physical and financial evidence of the investment of BORROWER’s counterpart funds concerning such release. PARAGRAPH TWO – The equity funding amount concerning machinery and equipment items set forth hereinabove shall be invested proportionally and simultaneously with the release of the tranches hereunder for said machinery and equipment. CLAUSE THREE –
Equity Funding. As soon as practicable after the date hereof, Nevada Seller shall issue a 0.001% interest in Nevada Seller (the “WCDN Equity Interest”) to Nevada Purchaser in consideration for Nevada Purchaser’s provision of equity funding as set forth on Exhibit C. In the event this Agreement is terminated in accordance with Article IX, Nevada Seller shall have the right to redeem the WCDN Equity Interest for $1.00.
Equity Funding. (a) The Guarantor or Affiliates of the Guarantor shall purchase on or before the Closing Date directly or indirectly the equity of the Buyer for an aggregate purchase price of up to approximately $250 million plus a dollar amount equal to the transaction-related fees and expenses (the “Equity Funding”).
Equity Funding. It is the parties' intention that an E-Commerce Venture (whether Carriage Life Events or another vehicle) will obtain financing from one or more third party investors, at which time the capital of the E-Commerce Venture will be restructured in a way that involves (i) the investors acquiring economic and voting control over the E-Commerce Venture, (ii) Xxxxxx and other proposed members of an E-Commerce Venture management team acquiring substantial financial interests therein, which may include any combination of conversion of any advances made by Xxxxxx under Section 4(b), new investment, or management stock options, and (iii) Carriage retaining a substantial financial interest in the E-Commerce Venture. The parties acknowledge that the precise terms and conditions of the financing for and ultimate capital structure resulting from such a transaction cannot now be determined with any precision, although the parties acknowledge that third-party investment may be made by any combination of purchases of common or preferred securities, subordinated debt with related warrants, convertible notes, or any other funding mechanisms, and that in some circumstances, equity interests may be issued in exchange for services rendered or to be rendered. However, all of the terms, provisions and conditions of any and all such equity funding transactions, as well as the form and substance of all documentation related thereto, will be subject to the approval of Carriage, which it may grant or withhold in its sole discretion. It is anticipated that Xxxxxx will take the leadership role in pursuing such equity funding, but Xxxxxx shall keep Carriage reasonably informed of his efforts in that regard, and in particular any discussions or negotiations concerning the proposed terms, provisions and conditions associated with any proposed or possible equity funding transaction.
