Concurrent Financing definition
Examples of Concurrent Financing in a sentence
On or before 5:30 p.m., New York time, on the 4th Business Day following the date of this Agreement, the Company shall file a Current Report on Form 8-K (or other form permitted under the federal securities law) disclosing the material terms and conditions of the transactions contemplated by this Agreement, the Warrant and the Concurrent Financing, in compliance with the requirements of Form 8-K (or such other form).
The completion of the Concurrent Financing Transaction shall have occurred or shall occur simultaneously with the Closing.
Each of the Company and Investor shall bear its own expenses in connection with the preparation and negotiation of the Agreement, provided, however, that the Company shall pay the reasonable out of pocket legal expenses of Investor subject to a maximum amount equal to the reasonable out of pocket legal expenses of the Company incurred in connection with the preparation, negotiation and execution of this Agreement (such expenses to be paid out of the proceeds from the Concurrent Financing).
In the event that, on the date that definitive documents are executed with respect to any Equity Issuance, there are outstanding Notes representing Advances (in each case, as defined in that certain Loan Agreement, dated March 12, 2014, between the Company and lender thereto (the “Loan Agreement”)) under the Loan Agreement, then the Execution Date Multiplier shall be reduced to reflect Investor's participation in the Concurrent Financing as if such Advances were outstanding on the date hereof.
There are no conditions precedent or other contingencies related to the funding of the full amount of the Concurrent Financing, other than as expressly set forth in the Subscription Agreement.