Bona Fide Financing definition

Bona Fide Financing means indebtedness for borrowed money incurred by the Purchaser, either of the Sellers or their respective Affiliates with a bona fide third party that is negotiated at an arms’-length basis, including in the form of repurchase transactions, and which may or may not be secured, that does not result in such third party taking direct or indirect equity risk in respect of the Shares or the interests in the TEO Companies represented thereby and that does not involve the transfer, directly or indirectly, of Financing Proceeds to the Purchaser or its Affiliates (in the context of a restriction on the Purchaser) or to the Sellers or their Affiliates (in the context of a restriction on the Sellers), in excess of the Floor Amount (or the applicable pro rata portion thereof). A “Bona Fide Financing” shall not include an equity swap, collar, forward, option or any combination of the foregoing (except those embedded in indebtedness for borrowed money or repurchase transactions).
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Bona Fide Financing means a bona fide transaction or series of related transactions with the principal purpose of raising capital, pursuant to which the Company issues and sells securities of the Company, including convertible securities.
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Bona Fide Financing means a public or private offering of its equity securities or an “at the market offering” as defined in Rule 415(a)(4) promulgated under the Securities Act of 1933 in which no Person or group acquires equity securities that results in such Person beneficially owning 20% or more of the outstanding capital stock or voting power of Perspective following such transaction.
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Examples of Bona Fide Financing in a sentence

  • Further, no later than on the fifth Business Day following the entering into of a Bona Fide Financing, each Shareholder agrees to submit to the other Shareholders a certificate setting forth the name of the Bona Fide Third Party involved, the term of such Bona Fide Financing, the class and number of Company Shares involved, and a confirmation to the other Shareholders that the documentation for the financing contains the agreements in clauses (x) and (y) of the definition of Bona Fide Financing.

  • Any references to direct or indirect ownership of Company Shares shall include any Company Shares subject to a Bona Fide Financing, (whether or not legal title to such Company Shares is transferred to a Bona Fide Third Party prior to such release) insofar as the Bona Fide Third Party shall not have become released by the terms of such Bona Fide Financing from its obligation to re-Transfer all Company Shares subject to such Bona Fide Financing to the Shareholder.


More Definitions of Bona Fide Financing

Bona Fide Financing means a public or private offering of its equity securities or an “at the market offering” as defined in Rule 415(a)(4) promulgated under the Securities Act of 1933 in which no Person or group acquires equity securities that results in such Person beneficially owning [***] of the outstanding capital stock or voting power of Perspective following such transaction.
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Bona Fide Financing means indebtedness for borrowed money incurred by the Purchaser or its Affiliates with a bona fide third party that is negotiated at an arms’-length basis, including in the form of repurchase transactions, and which may or may not be secured, that does not result in such third party taking direct or indirect equity risk in respect of the Shares or the interests in the TEO Companies represented thereby or that does not involve the transfer, directly or indirectly, of Financing Proceeds to the Purchaser or its Affiliates in excess of the Floor Amount (or the applicable pro rata portion thereof). A “Bona Fide Financing” shall not include an equity swap, collar, forward, option or any combination of the foregoing (except those embedded in indebtedness for borrowed money or repurchase transactions).
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Bona Fide Financing means the first sale and issuance by the Corporation after the date of the last issuance of the Series E Preferred Stock, of shares of its capital stock, or of instruments or securities convertible into or exercisable or exchangeable for shares of its capital stock with gross proceeds of at least ten million ($10,000,000) that includes one or more independent, non-strategic third party investors for cash for bona fide financing purposes; provided that “Bona Fide Financing” shall not include any single transaction or series of related transactions led by a strategic investor, as determined by the holders of two-thirds (2/3) of the Series E Preferred Stock in their reasonable discretion, regardless of the amount of securities issued to such strategic investor in such transaction or transactions, as applicable.
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Bona Fide Financing has the meaning set forth in Section 8.8(d).
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Related to Bona Fide Financing

  • Bridge Financing has meaning set forth in Section 7.6.

  • Co-financing means the financing referred to in Section 7.02 (h) and specified in the Loan Agreement provided or to be provided for the Project by the Co-financier. If the Loan Agreement specifies more than one such financing, “Co-financing” refers separately to each of such financings.

  • Bona Fide Debt Fund means any fund or investment vehicle that is primarily engaged in the making, purchasing, holding or otherwise investing in commercial loans, bonds and other similar extensions of credit in the ordinary course.

  • Financial Closure or Project Financing Arrangements means the agreements pursuant to which the SPG has sought financing for the Power Project including the loan agreements, security documents, notes, indentures, security agreements, letters of credit and other documents, as may be amended, modified, or replaced from time to time, but without in anyway increasing the liabilities of JDVVNL.

  • securities financing transaction or 'SFT' means a repurchase transaction, a securities or commodities lending or borrowing transaction, or a margin lending transaction;