Make Whole. (a) If, on the first VWAP Trading Day following the last VWAP Trading Day of the Make-Whole Reference Period (as defined below) the Total Proceeds is less than the Minimum Proceeds, each Investor can request (and upon such request, the Company shall, promptly (and, in any case, within 5 Business Days) after the Make-Whole Reference Period, deliver) a make-whole payable in cash to Investor equal to (i) the Minimum Proceeds with respect to such Investor minus (ii) the Total Proceeds received by such Investor (the “Make-Whole Amount”). Any portion of the Make-Whole Amount not paid within 5 Business Days of request by an Investor therefore shall bear interest at an annualized rate of 24% until paid in full. “
Appears in 2 contracts
Sources: Investors’ Rights Agreement (Grayscale Investments, Inc.), Investors’ Rights Agreement (Grayscale Investments, Inc.)