Financing of Company Sample Clauses

Financing of Company. Provide financing in the minimum amount set forth in the Budget, or such greater other amounts as Lender deems necessary to enable Company and Guarantors to conduct normal business operations throughout the DIP Term.
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Financing of Company. 5.1 Are there any existing shareholder loans? Are there intended to be any shareholder loans? What are the details of these loans? 5.2 Will shareholders be required to provide guarantees to third party financiers? 5.3 Must any existing debt be refinanced? Will the change in control affect any existing debt instruments? 5.4 If additional financial contributions are required, will the shareholders be required to contribute? If so, in what proportions? 5.5 What are the consequences of a shareholder failing to make additional financial contributions to the Company (dilution or loss of voting rights)? 6. Decision making 6.1 How will a meeting of shareholders be called? No. Issue Comment 6.2 Should there be decisions which must only be made unanimously by shareholders? Eg: • the issue of securities; • the variation of rights; • contracts with directors/shareholders; • contracts outside the ordinary course of business; • the acquisition or disposal of real property; • the employment of senior executives/directors; • the appointment and removal of bankers/solicitors/auditors; • borrowing over and above a certain amount. If so what amount; • the creation of encumbrances over the assets of the company; • the giving of third party guarantees; • the implementation of employee share schemes; • the issue of legal proceedings; • the payment of dividends; • the entering into partnerships; • the making of tax claims; • the delegation of certain powers; • the restructuring of the company; • stock exchange listing; • the amendment or repeal of the constitution; • a change in the core business; or • the liquidation of the Company/a subsidiary 6.3 If some decisions should only be made unanimously by shareholders, how should a deadlock be resolved? In particular, should there be: • a casting vote • a compulsory buy-out; or • a compulsory winding up? No.
Sample 1
Financing of Company. Cxxxxx shall, concurrent with this Agreement, provide written confirmation that a third party is willing to assist the Company on a best efforts basis to finance the Company on terms acceptable by the Company and such financing will be no less than USD$250,000 ("third party financing").
Sample 1
Financing of Company. On or before the first anniversary of the Commencement Date, Company shall demonstrate to the reasonable satisfaction of University that it has access to funds in the amount of at least [*].
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Financing of Company. Upon the execution of this Agreement, Selling Shareholders agree to direct the payment of the Option Price to Company as a non-refundable capital contribution on a pro rata basis from each Selling Shareholder to Company, which money shall be used by Company as general working capital and not for the repayment of any Shareholder Loans. An additional $65,000 shall also be wired by Parent to Company as a non-secured loan, repayable at any time upon demand on or after the Expiration Date of this Agreement. Until the Expiration Date of this Agreement, Company may request additional loans for its working capital purposes and not for the repayment of Shareholder Loans up to an anticipated maximum of $75,000. These additional loans that Parent may choose to make in its sole discretion, would also be on a non-secured basis repayable to Parent at any time upon demand on or after the Expiration Date of this Agreement. The form of Promissory Note shall be appended hereto as Exhibit B.
Sample 1
Financing of Company 
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Related to Financing of Company

  • Financing Contingency The Buyer’s obligations herein are contingent on the Buyer’s obtaining financing to pay the balance on the Purchase Price. The Buyer must present to the Seller a binding commitment for financing the purchase of the Property within days from the Effective date. The terms of the financing must be acceptable to and approved by the Buyer who shall not unreasonably withhold such approval. In the event that the Buyer fails to obtain financing within the time allotted, this Agreement shall automatically terminated and all funds paid by the Buyer shall be returned to the Buyer after deducting all reasonable costs incurred by the Seller in good faith in relation this Agreement.

  • No Financing Contingency Purchaser understands and agrees that this Agreement is not contingent upon Purchaser obtaining financing for Closing. Purchaser shall be solely responsible for making Purchaser’s own financial arrangements to enable Purchaser to pay Seller for the Unit and Purchaser acknowledges that the satisfaction of any condition imposed by a lender is solely at Purchaser’s risk, including, without limitation, the risk of any downward fluctuation in the value of the Unit.

  • 01 of the Credit Agreement Section 1.01 of the Credit Agreement is hereby amended as follows:

  • Refinancing of Swingline Loans (i) The Swingline Lender at any time in its sole discretion may request, on behalf of the Borrower (which hereby irrevocably authorizes the Swingline Lender to so request on its behalf), that each Revolving Lender make a Base Rate Loan in an amount equal to such Lender’s Applicable Revolving Percentage of the amount of Swingline Loans then outstanding. Such request shall be made in writing (which written request shall be deemed to be a Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, but subject to the unutilized portion of the Revolving Facility and the conditions set forth in Section 4.02. The Swingline Lender shall furnish the Borrower with a copy of the applicable Loan Notice promptly after delivering such notice to the Administrative Agent. Each Revolving Lender shall make an amount equal to its Applicable Revolving Percentage of the amount specified in such Loan Notice available to the Administrative Agent in immediately available funds (and the Administrative Agent may apply Cash Collateral available with respect to the applicable Swingline Loan) for the account of the Swingline Lender at the Administrative Agent’s Office not later than 1:00 p.m. on the day specified in such Loan Notice, whereupon, subject to Section 2.04(c)(ii), each Revolving Lender that so makes funds available shall be deemed to have made a Base Rate Loan to the Borrower in such amount. The Administrative Agent shall remit the funds so received to the Swingline Lender.

  • Refinancing of Swing Line Loans (i) The Swing Line Lender at any time in its sole and absolute discretion may request, on behalf the Borrower (which hereby irrevocably authorizes such Swing Line Lender to so request on its behalf), that each Revolving Credit Lender make a Base Rate Loan in an amount equal to such Lender’s Pro Rata Share of the amount of Swing Line Loans then outstanding. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, but subject to the unutilized portion of the aggregate Revolving Credit Commitments and the conditions set forth in Section 4.01. The relevant Swing Line Lender shall furnish the Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Revolving Credit Lender shall make an amount equal to its Pro Rata Share of the amount specified in such Committed Loan Notice available to the Administrative Agent in Same Day Funds for the account of the Swing Line Lender at the Administrative Agent’s Office not later than 1:00 p.m. (New York City time) on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.04(c)(ii), each Revolving Credit Lender that so makes funds available shall be deemed to have made a Base Rate Loan to the Borrower in such amount. The Administrative Agent shall remit the funds so received to the Swing Line Lender.

  • Amendment of Credit Agreement The Credit Agreement is hereby amended as follows:

  • Parent Guaranty Parent is a corporation duly incorporated, validly existing and in good standing under the Laws of the State of Delaware, has all corporate power and authority to own, lease and operate its properties and assets and to conduct its business as currently conducted, and is duly qualified to do business and, to the extent such jurisdiction has a concept of good standing, is in good standing as a foreign entity in each jurisdiction where the nature of its activities makes such qualification necessary, except for any jurisdiction in which the failure to be so qualified would not be reasonably expected to have, individually or in the aggregate, any material adverse effect on the business, assets, properties, financial condition or operations of Parent. Parent has the corporate power and authority to enter into and perform its obligations under this Agreement and the execution, delivery and performance by Parent of this Agreement has been duly authorized by all necessary action on the part of Parent. Assuming the due authorization, execution and delivery of this Agreement by the Seller and the Purchaser, this Agreement constitutes the valid and binding obligation of Parent, enforceable against Parent in accordance with its terms, subject to (a) laws of general application relating to bankruptcy, insolvency, fraudulent conveyance and transfer, reorganization, moratorium and other similar laws relating to or affecting creditors’ rights generally, and (b) rules of law governing specific performance, injunctive relief and other equitable remedies. No consent, approval, or authorization of, or registration, declaration or filing with, any Governmental Authority is required by or with respect to Parent in connection with the execution and delivery of this Agreement by Parent. Parent hereby absolutely, unconditionally and irrevocably guarantees to the Seller, as a guarantor and not merely as a surety, the complete payment in full as and when due and payable by the Purchaser of any and all amounts payable by the Purchaser under Section 3. In the event of the failure of the Purchaser to pay, when due, any amount under Section 3, Parent shall forthwith pay or cause to be performed the same to the Seller.

  • Ratification of Credit Agreement Each Loan Party acknowledges and consents to the terms set forth herein and agrees that this Amendment does not impair, reduce or limit any of its obligations under the Loan Documents, as amended hereby. This Amendment is a Loan Document.

  • Reference to the Effect on the Credit Agreement Upon the effectiveness of this Agreement, each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein,” or words of similar import shall mean and be a reference to the Credit Agreement, as amended by this Agreement. Except as specifically amended above, the Credit Agreement, and all other Financing Documents (and all covenants, terms, conditions and agreements therein), shall remain in full force and effect, and are hereby ratified and confirmed in all respects by each Borrower.

  • Credit Agreement Governs Except as set forth in this Agreement, the New Term Loans shall otherwise be subject to the provisions of the Credit Agreement and the other Credit Documents.

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