Company Proceeds definition
Examples of Company Proceeds in a sentence
The Allocated Portion will be paid by the Company within thirty (30) business days following receipt by the Company of Company Proceeds by wire transfer of immediately available funds to an account specified by the Purchaser in writing to the Company.
If the Estimated Sharing Percentage and estimates of the Distributable Company Proceeds and the Holdback Amount shall have been calculated pursuant to Section 6.19 of the Merger Agreement, then such calculations shall be delivered to the Rights Agent as the “Calculation Notice” hereunder promptly following the Issuance Date.
Montage and Marigold shall, and each shall cause its respective Subsidiaries to, provide the other with all information, books and records as the other shall reasonably request for purposes of calculating such Estimated Sharing Percentage and an estimate, prepared in good faith, of the Total Net Company Proceeds (as defined in the CVR Agreement).
In such a transaction there shall be made such adjustments to the Members' Default Capital, accrued Default Preferred Return, Adjusted Capital and Capital Accounts as would have been made if Company Proceeds were Capital Proceeds, the Distributable Capital Proceeds of which were distributed (with applicable Company retentions) pursuant to SECTION 5.7.2.
Total Losses shall first be borne by the Company to the extent of the amount of Company Proceeds, and the Company shall indemnify Tektronix with respect to any and all Losses of Tektronix so that this result is achieved.
The Company may at any time direct the Trustee in writing to return moneys from the Company Proceeds Account to the Company, if no further Costs of Issuance are required to be paid.
In the event of any dispute between any Secured Creditors as to the Obligations owed to them or the amounts thereof, the Collateral Agent shall be entitled (but not required unless so directed by the Required Secured Creditors) to hold such portion of the Company Proceeds as are subject to such dispute pending the resolution by the parties or pursuant to a judicial determination.
If the Company Proceeds are more than $42 million or less than $28 million, the IPO Bonus Amount will be increased or decreased, as the case may be, according to the proportion between the actual Company Proceeds and $35 million.
The Company shall bear any Total Losses in excess of the sum of Company Proceeds and Tektronix Proceeds, and the Company shall indemnify Tektronix with respect to such excess Losses of Tektronix so that this result is achieved.
Proceeds to the selling shareholder for its sale of the Company shares in the IPO will not be considered as Company Proceeds.