Capital Demand definition
Examples of Capital Demand in a sentence
Notwithstanding anything contained in this Section 8.2 to the contrary, the Company shall not be responsible for any costs and expenses pursuant to this Section 8.2 in any calendar quarter in which there were no Capital Demand Notices delivered.
Subject to the terms and conditions set forth herein, during the Commitment Period the Company may elect to deliver a Capital Demand Notice.
The Company may issue as many Capital Demand Notices as it may elect during the Commitment Period but may not deliver a new Capital Demand Notice during an existing Selling Period.
If a Capital Demand Notice has been delivered by the Company to the Underwriter prior to the date that the Underwriter terminates this Agreement pursuant to clause (iii) above, regardless of the number of days that have elapsed from the date hereof, no reduction to the Purchase Option Share Amount shall take place and the Purchase Option shall remain in full force and effect.
All Members shall pay their pro rata Capital Commitment on the Capital Demand Date specified in the applicable Capital Demand Notice.
The first Capital Demand Notice (the "Initial Capital Demand Notice") shall be delivered by facsimile at least two (2) Business Days prior to the closing of the Tender Offer, and shall be in an amount equal to each of FRIT's and HP's Unpaid Capital Commitments (which, in the case of HP, shall be satisfied by transfer of the Convertible Note to the Company).
To the extent the information contained in the Capital Demand Notice delivered with respect to the originally scheduled Capital Demand Date has materially changed, the notice of postponement shall notify the Members of such changes.
The Company must have a brokerage account with the Underwriter prior to the date on which the Company delivers a Capital Demand Notice, into which account the proceeds of any sale of Common Stock, net of any amounts payable under Section 2.4(d), shall be deposited.
If pursuant to the terms and conditions of the Underwriting Agreement, the Company delivers a Capital Demand Notice to the Underwriter and the Underwriter fails to fulfill its Selling Period Obligation, then the Investor, subject to the terms and conditions of this Agreement, shall be obligated to purchase from the Company the number of shares of Common Stock necessary to fulfill the Underwriter's Selling Period Obligation.
The Capital Demand Notice must specify both the Capital Demand Amount and the Minimum Offering Price.