Financings. There are no other financings currently pending or contemplated by the Company.
Financings. As of the date of this Agreement, there are no other financings currently pending or contemplated by the Company.
Financings. Inform the Board of Directors of any negotiations, offers or contracts relating to possible financings of any nature for the Company, whether initiated by the Company or any other Person, except for (A) arrangements with trade creditors, and (B) utilization by the Company or any Subsidiary of commercial lending arrangements with financial institutions.
Financings. The Company will promptly provide to the Board of Directors the details and terms of, and any brochures or investment memoranda prepared by the Company related to, any possible financing of any nature for the Company (or any of its Subsidiaries), whether initiated by the Company or any other Person.
Financings. The Company shall promptly, fully and in detail, inform the Board of Directors of any discussions, offers or contracts relating to possible financings of any nature for the Company, whether initiated by the Company or any other person, except for arrangements with trade creditors.
Financings. (a) Buyer has delivered to the Company true and correct copies of (i) an executed equity commitment letter (the “Equity Commitment Letter”) to Buyer from Consonance Private Equity, L.P. and Consonance Private Equity PV, L.P. (together, the “Sponsor”) pursuant to which the Sponsor has committed to provide Buyer with equity financing in the amount set forth therein (the “Equity Financing”), of which the Company and the Securityholders are express third-party beneficiaries pursuant to the terms and subject to the conditions and limitations thereof, (ii) an executed Rollover Agreement between LP Holdings and the Rollover Participants named therein providing for the consummation of the Rollover Transaction (the “Rollover Financing”), (iii) an executed Optionholder Subscription Agreement between LP Holdings and the Company Securityholders named therein, and (iv) an executed debt commitment letter (including all exhibits, annexes and other attachments thereto, the “Debt Commitment Letter” and, together with the Equity Commitment Letter, the “Commitment Letters”) to Merger Sub from BMO Xxxxxx Bank N.A. and Ally Commercial Finance LLC (the “Lenders”) pursuant to which the Lenders have committed to lend Buyer the amounts set forth therein (the “Debt Financing” and, together with the Equity Financing and the Rollover Financing, the “Financings”) for the purpose of funding the transactions to be consummated pursuant to this Agreement. The Commitment Letters are in full force and effect as of the date of this Agreement and have not been withdrawn or terminated or otherwise amended, supplemented or modified in any respect prior to the date of this Agreement and no such amendment, supplement or modification is contemplated as of the date hereof. Each Commitment Letter is a legal, valid and binding obligation of Buyer and, to the knowledge of Buyer, the other parties thereto to provide the financing contemplated thereby subject only to the satisfaction or waiver of the Financing Conditions, enforceable in accordance with their respective terms against each party thereto, subject to the effects of bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium and other similar Laws relating to or affecting creditors’ rights generally and general equitable principles (whether considered in a proceeding in equity or at Law). Except for fee letters relating to fees with respect to the Debt Financing (true and complete copies of which have been provided to the Compa...
Financings. Upon the consummation of any Financing by the Borrower or any Subsidiary of the Borrower, within three (3) Business Days after the Borrower's or any of its Subsidiaries' receipt of any Net Cash Proceeds, the Borrower shall make a mandatory prepayment of the Loans, subject to the provisions governing the application of payments set forth in Section 2.2(e), in an amount equal to one hundred percent (100%) of such Net Cash Proceeds.
Financings. In the event that the Investor does not exercise, within 12 Business Days after receipt of the Financing Notice, its right to participate in the Proposed Financing, the Company may sell the securities in the Proposed Financing at a price and on terms which are no more favorable to the investors in such Proposed Financing than the terms offered to the Investor. If the Company subsequently changes the price or terms so that the terms are at a price or more favorable to the investors in the Proposed Financing, the Company shall re-offer the securities to the Investor as provided in this Section 5.5.
Financings. The Company will promptly provide to the Board of ---------- Directors the details and terms of, and any brochures, registration statements or investment memoranda prepared by the Company related to, any possible financing of any nature for the Company (or any of its Subsidiaries), whether initiated by the Company or any other Person.
Financings. Promptly, fully and in detail, inform all of the members of the Board of Directors of any discussions, offers or contracts relating to possible financings of any material nature for the Company or any Subsidiary, whether initiated by the Company, any Subsidiary or any other Person.
