Additional Equity Financing definition
Examples of Additional Equity Financing in a sentence
For the avoidance of doubt, none of the Company or any of its Subsidiaries or their respective officers, directors, managers or employees shall be required to execute or enter into or perform any agreement with respect to the financing contemplated by the Debt Commitment Letter or the Additional Equity Financing, in any case, that is not contingent upon the Closing or that would be effective prior to the Closing.
No managers of the Company that will not be continuing directors on the Post-Closing Surviving Pubco Board, acting in such capacity, shall be required to execute or enter into or perform any agreement with respect to the Debt Financing or any Additional Equity Financing.
As of the date hereof (and, prior to giving effect to the consummation of the transactions contemplated by any Additional Equity Financing (in accordance with the terms of Section 5.16(k)), as of the Closing), Parent has issued 34,630,000 warrants (“Parent Warrants”), each such Parent Warrant entitling the holder thereof to purchase one Parent Class A Share.
The Surviving Pubco Class A Share price targets in clauses (i) and (ii) shall be equitably adjusted for stock splits, stock dividends, reorganizations, combinations, recapitalizations and similar transactions affecting the Surviving Pubco Class A Shares after the date of this Agreement (other than in respect of issuances of Surviving Pubco Class A Shares in connection with (i) any Additional Equity Financing or (ii) the issuance of the Equity Consideration (including the Estimated Equity Consideration)).
As a result of the consummation of the Transactions, except as expressly contemplated by this Agreement, the Transaction Documents, the Organizational Documents of Parent, and the Additional Equity Financing (in accordance with the terms of Section 5.16(k)), no Equity Interests of Parent are issuable.
Except as set forth in the Organizational Documents of Parent, as applicable, there are no outstanding contractual obligations of Parent to repurchase, redeem or otherwise acquire any equity interests or securities of Parent, nor has Parent granted any registration rights to any Person with respect to any Equity Interests of Parent (other than pursuant to the Existing Registration Rights Agreement or, as permitted pursuant to Section 5.16(k), any Additional Equity Financing).
The Additional Units will be issued as soon as practical after the closing of any Additional Equity Financing.
All of the Defendants appealed the Certification Order to the Fourth District Court of Appeals, which affirmed the Certification Order.
In the event that there is more than one (1) closing of an Additional Equity Financing and/or an Additional Equity Financing is tranched, the Additional Units will be issued on a pro-rata basis as soon as practical following each closing or tranche with the Strike Price being determined at the time of each issuance in accordance with the Operating Agreement.
If the Additional Equity Financing does not timely occur, then the number of Warrant Shares shall be equal to the number of shares of Series B Preferred Stock purchased pursuant to the Purchase Agreement (not including any note conversions under Section 5.a of the Purchase Agreement), multiplied by ten percent (10%), for each month or portion of a month after June 30, 1999, that the Additional Equity Financing has not been completed, up to the Maximum Warrant Shares.