Capital Offering definition
Examples of Capital Offering in a sentence
In consideration for entering into, and conditional on fulfilling the obligations under, the Backstop Commitment Agreement, the Backstop Parties shall be entitled to receive on the Effective Date a fee equal to 5% of the New Capital Offering Amount, which fee shall be applied by the Backstop Parties to acquire additional New Second Lien Notes on the Effective Date.
Company and the Backstop Parties shall enter into the Backstop Commitment Agreement as at the date of this Term Sheet, pursuant to which, among other things, the Backstop Parties shall agree to backstop and consummate the New Capital Offering to the extent that Second Lien Noteholders do not subscribe for their Pro-Rata Share of the New Capital Offering Amount.
Notice of any redemption upon any Junior Capital Offering may be given prior to the completion of the related Junior Capital Offering, and any such redemption or notice may, at the Issuer’s discretion, be subject to one or more conditions precedent, including, but not limited to, completion of the related Junior Capital Offering.
Upon the occurrence of a Capital Offering, Borrower shall repay the Outstanding Principal Balance with the proceeds of such Capital Offering in accordance with the provisions of Sections 2.11.2 hereof.
The Board of Trustees of 1855 Bancorp will recommend to the Corporators the approval of the Capital Offering.
As part of the Recapitalization Transaction, PNI shall raise cash proceeds in an amount equal to the New Capital Offering Amount in exchange for New Second Lien Notes (the “New Capital Offering”).
Backstop Parties shall enter into the Backstop Commitment Agreement as at the date of this Term Sheet, pursuant to which, among other things, the Backstop Parties shall agree to backstop and consummate the New Capital Offering to the extent that Second Lien Noteholders do not subscribe for their Pro-Rata Share of the New Capital Offering Amount.
The Closing Date shall be as soon as practicable after the later to occur of the consummation of the Capital Offering or the receipt of last required approval for the Merger and the Bank Merger and the expiration of the last of all required waiting periods under such approvals, or at such other place, date or time as 1855 Bancorp and Sandwich may mutually agree upon.
On the Effective Date, Second Lien Noteholders will have the right to participate in the New Capital Offering based on their respective Pro-Rata Share (calculated in accordance with Section 2 above) of the New Capital Offering Amount, to the extent permissible by law.
Each of Sandwich and 1855 Bancorp will cooperate with the other and use all reasonable efforts to promptly prepare all necessary documentation, to effect all necessary filings and to obtain all necessary permits, consents, approvals and authorizations of all third parties and governmental bodies necessary to consummate the transactions contemplated by this Agreement, including without limitation the Merger, the Bank Merger and the Capital Offering.