Securities Offering. Within nine months after the Closing Date, the Borrower (a) shall have completed a private placement of equity or (b) shall have engaged one or more investment bank reasonably acceptable to the Administrative Agent to publicly sell or privately place common equity securities, in each case, the net proceeds of which shall equal or exceed the amount of the Obligations and shall be available to repay the Obligations on or before the Maturity Date ("Securities Offering"). Notwithstanding anything to the contrary contained herein, in the event of a failure by the Borrower to initiate a Securities Offering within nine months after the Closing Date, the Borrower shall engage a financial institution reasonably acceptable to the Administrative Agent to pursue the issuance of Debt in an amount sufficient to repay in full in cash the Obligations.
Appears in 2 contracts
Sources: Subordinated Credit Agreement (Abraxas Energy Partners LP), Subordinated Credit Agreement (Abraxas Petroleum Corp)