Commitment Fee Warrants definition

Commitment Fee Warrants means, collectively, any First Commitment Fee Warrants and Second Commitment Fee Warrants issued or issuable pursuant to Section 4.10.
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Commitment Fee Warrants shall have the meaning set forth in Section 2.5.
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Commitment Fee Warrants means the xxxxx warrants for shares of Common Stock issued in connection with the backstop commitment fee for the Notes.
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Examples of Commitment Fee Warrants in a sentence

  • The Commitment Fee Shares and the Commitment Fee Warrants shall be deemed fully earned as of the Effective Date, regardless of the amount or number of Loans made hereunder.

  • Pursuant to that certain Standby Securities Purchase Agreement, dated as of __________, 2005 (the "PURCHASE AGREEMENT"), between the Company and the purchasers signatory thereto, upon the satisfaction of certain conditions, the Company will issue Rights Offering Common Stock and Standby Commitment Fee Warrants (as defined below) to the Holders.

  • As of the First Closing, the Company shall have reserved from its duly authorized capital stock not less than the maximum number of First Commitment Fee Warrant Shares issuable upon exercise of the First Commitment Fee Warrants based on the initial Exercise Price (as defined in the First Commitment Fee Warrants) of $8.11.

  • Pursuant to that certain Standby Securities Purchase Agreement, dated as of June 2, 2005 (the "PURCHASE AGREEMENT"), between the Company and the purchasers signatory thereto, upon the satisfaction of certain conditions, the Company will issue Rights Offering Common Stock and Standby Commitment Fee Warrants (as defined below) to the Holders.

  • The Commitment Fee Warrants are duly authorized and, when issued in accordance with the applicable Transaction Documents, will be duly and validly issued, fully paid and nonassessable, free and clear of all Liens (other than restrictions on transfer arising under applicable securities laws) and will not be subject to preemptive or similar rights of shareholders.

  • Upon issuance in accordance with the Commitment Fee Warrants, the Commitment Fee Warrant Shares, when issued, will be validly issued, fully paid and nonassessable, free and clear of all Liens (other than restrictions on transfer arising under applicable securities laws) and will not be subject to preemptive or similar rights of shareholders, with the holders being entitled to all rights accorded to a holder of Common Shares.

  • The Company shall have issued and delivered the First Commitment Fee Warrants to each of the First Closing Investors in accordance with Section 4.10(a).

  • The Company shall file within two (2) Business Days from the date hereof a prospectus supplement to the Company’s existing shelf registration statement on Form S-3 (File No. 333-220419, the “Shelf Registration Statement”) covering the sale of the initial 5,263,158 Purchase Shares and the issuance of 2,736,842 Commitment Shares and Commitment Fee Warrants to purchase 8,000,000 Commitment Fee Warrant Shares (the “Prospectus Supplement”).

  • The shares of Common Stock to be issued upon exercise of the Closing Warrants or Commitment Fee Warrants shall be registered for resale pursuant to the Registration Statement.

  • The Commitment Fee Warrants have been duly authorized by the Company and, when executed and delivered by the Company, will be valid and binding agreements of the Company, enforceable against the Company in accordance with their terms, except as the enforcement thereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.


More Definitions of Commitment Fee Warrants

Commitment Fee Warrants has the meaning specified therefor in the recitals of this Agreement.
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Commitment Fee Warrants has the meaning set forth in Section 2.8(a) hereof.
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Commitment Fee Warrants means warrants equal to an aggregate of 20% of the New Xxxxxxxx Equity Interests (as defined in the Plan of Reorganization) issued to the New 2L Notes Purchasers (as defined in the Plan of Reorganization) pursuant to the warrant agreement, dated the date hereof, among the Company and American Stock Transfer & Trust Company, LLC, without giving effect to any amendments, modifications, restatements or supplements thereto.
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Commitment Fee Warrants means the warrants to purchase (a) 12, 500 shares of Common Stock to be issued by the Company to Fredxxx Xxx pursuant to Section 2.05 of the Fredxxx Xxx Credit Facility and (b) 40,000 shares of Common Stock to be issued by the Company to ULLICO pursuant to Section 4.1(b) of the ULLICO Credit Facility.
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Related to Commitment Fee Warrants

  • Commitment Fee has the meaning specified in Section 2.09(a).

  • Commitment Date has the meaning specified in Section 2.18(b).

  • Commitment Fee Percentage means, with respect to the Revolving Loan Commitments at any time, the per annum percentage which is used to calculate Commitment Fees for such Revolving Loan Commitments determined pursuant to the Pricing Grid.

  • Revolving Commitment Fee has the meaning specified in Section 2.09(a).

  • Commitment Fees has the meaning set forth in Section 2.11(a).

  • Revolving Credit Commitment Fee shall have the meaning assigned to such term in Section 2.05(a).

  • Commitment Amount means the aggregate amount of up to Ten Million Dollars ($10,000,000) which the Investor has agreed to provide to the Company in order to purchase the Company's Common Stock pursuant to the terms and conditions of this Agreement.

  • Commitment Shares shall have the meaning set forth in Section 12.04.

  • Commitment Fee Rate has the meaning set forth in the definition of “Applicable Margin”.

  • Applicable Commitment Fee Rate shall mean the percentage rate per annum based on the Leverage Ratio then in effect according to the pricing grid on Schedule 1.1(A) below the heading “Commitment Fee.”

  • Applicable Commitment Fee Percentage means, as at any date of determination, the rate per annum then applicable in the determination of the amount payable under Section 2.15(C)(i) hereof determined in accordance with the provisions of Section 2.15(D)(ii) hereof.

  • Unused Commitment Fee has the meaning specified in Section 2.12(a) (Fees).

  • Total Revolving Loan Commitment means, at any time, the sum of the Revolving Loan Commitments of each of the Lenders at such time.

  • Incremental Revolving Commitment has the meaning assigned to such term in Section 2.14(a).

  • Total Revolving Commitment means, at any time, the sum of the Revolving Commitments at such time.

  • Tranche C Term Loan Commitment means, with respect to each Tranche C Term Loan Lender, the commitment of such Lender to make Tranche C Term Loans under the Tranche C Term Loan Incremental Facility Agreement.

  • Letter of Credit Commitment Amount means, on any date, a maximum amount of $10,000,000, as such amount may be reduced from time to time pursuant to Section 2.2.

  • Tranche B Term Loan Commitment means, with respect to each Lender, the commitment, if any, of such Lender to make a Tranche B Term Loan to the Borrower hereunder in a principal amount equal to the amount set forth on Schedule 1.01(b) (or in the case of any Continuing Tranche B Term Loan Lender, the amount of its Existing Tranche B Term Loan continued as a Tranche B Term Loans (as specified in its Term Loan Lender Addendum) pursuant to Section 2.01(b)(i).

  • Initial Term Loan Commitment means, in the case of each Lender that is a Lender on the Closing Date, the amount set forth opposite such Lender’s name on Schedule 1.1(a) as such Lender’s Initial Term Loan Commitment. The aggregate amount of the Initial Term Loan Commitments as of the Closing Date is $795,000,000.

  • L/C Commitment Amount has the meaning given to that term in Section 2.3.(a).

  • Commitment Value is a Customer commitment to a minimum value of expenditure with SAP over the Contract Term, as specified in the ‘Commitment Value’ Section of the Order Form.

  • Revolving Loan Commitment Amount means, on any date, $30,000,000, as such amount may be reduced from time to time pursuant to Section 2.2.

  • Term Loan Commitment Amount means, with respect to each Lender, the sum of such Lender’s Term Loan Tranche 1 Commitment Amount and Term Loan Tranche 2 Commitment Amount.

  • Specified Existing Revolving Credit Commitment shall have the meaning provided in Section 2.14(g)(ii).

  • Revolving Commitment Amount means, as to any Lender, the Revolving Commitment amount (if any) set forth opposite such Lender’s name on Schedule 1.1 hereto (or, in the case of any Lender that became party to this Agreement after the Closing Date pursuant to Section 16.3(c) or (d) hereof, the Revolving Commitment amount (if any) of such Lender as set forth in the applicable Commitment Transfer Supplement).

  • Commitment Annex means Annex A to this Agreement.