Equity Financing definition
Examples of Equity Financing in a sentence
Notwithstanding the foregoing, nothing in this Section 10.12 shall in any way limit or modify the rights and obligations of Parent under this Agreement, or any Financing Party’s obligations under the Commitment Letter, or the rights of the Company and its Subsidiaries against the Financing Parties with respect to the Debt Financing, the Preferred Equity Financing or any of the transactions contemplated thereby or any services thereunder following the Closing Date.
For the avoidance of doubt, in no event shall the Company be entitled to specifically enforce (or to bring any action or proceeding in equity seeking to specifically enforce) (1) Parent’s rights under the Equity Commitment Letters to cause the Equity Financing to be funded, (2) the rollover obligations under the Voting and Rollover Agreement or (3) Parent’s obligation to effect the Closing, in each case, other than as expressly provided in the immediately preceding sentence.
Notwithstanding any of the foregoing, except to the extent previously included in the initial press release with respect to the Transactions, any reference to the PIPE Transaction or any Equity Financing Source in any press release issued, or public statements or filings made, with respect to the Transactions shall require the prior written consent of Buyer.
For clarity, there shall be no such reduction to the Equity Financing Commitment or the other equity financing commitments under the Other Equity Commitment Letters in respect of the shares of Company Common Stock constituting the Rollover Minimum under the Voting and Rollover Agreement.
The amount to be funded under this letter agreement may be reduced dollar for dollar (any such reduction to be allocated between the Equity Investors on a pro rata basis) solely to the extent that the Parent Entities do not require the full amount of the Equity Financing Commitment in connection with the payment of the Financing Amounts.