PIPE. The Acquiror agrees to use its commercially reasonable efforts to enter into and consummate subscription agreements with investors relating to a private placement of shares (including, for the avoidance of doubt, preferred equity) in the Acquiror, and/or the entry into backstop arrangements with potential investors (a “PIPE”). Each of the Company and the Acquiror shall use, and shall cause their respective representatives to use, their respective commercially reasonable efforts to cause such PIPE to occur, and having the senior management of the Acquiror and, to the extent the Acquiror deems necessary or advisable in its sole and absolute discretion, the Company, to participate in any investor meetings and roadshows with respect to a PIPE as reasonably requested; provided, that, any such PIPE must not adversely impact the Intended Tax Treatment..
Appears in 2 contracts
Sources: Merger Agreement (Gresham Worldwide, Inc.), Merger Agreement (Ault Disruptive Technologies Corp)