Financing Proceeds. The Company covenants that the proceeds from the issuance of the Note are to be used for the purposes set forth on Exhibit E. Any diversion or use of the proceeds other than as set forth on Exhibit E without the prior written consent of the Holder shall constitute a covenant violation ("Covenant Violation"). Upon any such Covenant Violation, the Company shall immediately repay to the Holder the entire amount of the principal amount of the Note, including any costs and expenses incurred by the Holder in enforcing its rights in connection with such Covenant Violation. Nothing contained in this Section shall be construed to restrict or limit in any way the Holder's right to seek any remedy it deems advisable against the Company for any damages, costs, expenses or losses it may sustain or to bring an action against the Company in connection with such Covenant Violation. The Company will notify the Holder orally and in writing immediately upon the occurrence of such Covenant Violation.
Financing Proceeds. Company shall not repay the Principal and Interest due under the Note through proceeds obtained by any subsequent financing provided by the Holder to the Company.
Financing Proceeds. The proceeds of the Initial Project Financing; and [NOTE TO DRAFT: ADDITIONAL FINANCING PROCEEDS MAY BE ADDED AFTER THE FINANCING PLAN IS AGREED UPON.]
Financing Proceeds. The use of proceeds for the Combined Company with regards to any financing which occurs prior to the closing of the Sale shall be mutually agreed by BTCS and ST.
Financing Proceeds. Each of the Company and, by acceptance of this Note, the holder and each of its successors and assigns hereby acknowledges, covenants and agrees that in the event the Company closes a debt or equity financing (a “Financing”), the Company shall not be permitted to repay any of the Outstanding Note Obligations out of the proceeds from a Financing as long as any Xxxxxx Note remains outstanding. The holder of this Note and each of its successor and assigns hereby also acknowledges, covenants and agrees that such holder, successor or assign shall in no event seek repayment or satisfaction of the Outstanding Note Obligations from the proceeds of a Financing for as long as any Xxxxxx Note is outstanding.”
Financing Proceeds. The Buyer shall have received the proceeds of the debt financing for the transactions contemplated hereby (a) as contemplated by the Senior Commitment and as contemplated by Exhibit A to the Note Commitment or (b) on other terms acceptable to the Buyer in its sole discretion. The Buyer shall have entered into the Senior Secured Credit Facility contemplated by the Senior Commitments on terms acceptable to Buyer in its sole discretion.
Financing Proceeds. For the purposes of this Clause 8.3:
Financing Proceeds. Buyer shall have received (a) proceeds of the Financing or (b) the financing necessary for the purchase of the Shares as contemplated by this Agreement from sources other than Xxxxxx Bank.
Financing Proceeds. If the Second Tranche Term Loan is made hereunder, the covenants in this subsection (b) shall apply. Borrower Representative shall deliver evidence satisfactory to Administrative Agent that Loan Parties have received Qualified Financing Proceeds of at least
