Ares definition
Examples of Ares in a sentence
This Note is referred to in, and is entitled to the benefits of, the Second Lien Loan and Security Agreement dated as of April 14, 2025 (the “Loan Agreement”), among Borrower, Ares Agent Services, L.P., as the Lender Representative and Collateral Agent, the lenders from time to time party thereto.
If any PIPE Transaction is consummated in which Ares is the sole investor, the adjustments set forth in clauses (c)(i) through (iii) shall not apply.
Each Lender designates Ares Agent Services, L.P. to act as Collateral Agent and as Lender Representative for such Lender under this Agreement and the other Loan Documents.
If there are multiple forms of PIPE Transactions involving different types of securities, Ares (or, if Ares is no longer a Lender, the Required Lenders) shall be entitled to choose the lowest conversion price available in such PIPE Transaction as the Conversion Price.
The Borrower and Ares (or, if ▇▇▇▇ is no longer a Lender, the Required Lenders) shall negotiate in good faith any necessary amendments to any applicable governing documents of the Borrower and/or Surviving Corporation, as applicable required to effect a Conversion, which amendments shall be effective immediately prior to such Conversion.