Examples of Delayed Draw Date in a sentence
Evidence that on or prior to the Delayed Draw Date, the Issuer has paid or will pay or cause to be paid to the Agent for the account of the Note Purchasers purchasing the relevant Delayed Draw Notes a fee in an aggregate amount equal to 5.0% of the principal amount of Delayed Draw Notes to be issued on that Delayed Draw Date (such fee to be shared pro rata among the relevant Note Purchasers purchasing the relevant Delayed Draw Notes).
On or before the Initial Issue Date or the Delayed Draw Date (as applicable), the Company has received from any Note Purchaser that is not an Institutional Accredited Investor, evidence verifying that either (x) it is an accredited investor meeting the requirements of Rule 506(c)(2)(ii)(A)-(C) to the satisfaction of the Company or (y) or it is not a “U.S. person” (as defined in Regulation S under the Securities Act).
All fees, charges and expenses incurred by the Note Purchasers (including, without limitation, such fees, charges and expenses of counsel to the Note Purchasers) invoiced on or prior to the applicable Delayed Draw Date will be paid or reimbursed.
Delivery of a solvency certificate of each other Obligor in form and substance satisfactory to the Note Purchasers purchasing the Delayed Draw Notes dated as of the Delayed Draw Date (signed by an authorized signatory) and certifying that the applicable Obligor is not insolvent under applicable law.
The Note Purchasers may advance their subscription amount in respect of the Notes to the Agent in advance of the Initial Issue Date or applicable Delayed Draw Date (as applicable).