Equity Financing Transaction definition

Equity Financing Transaction means any bona fide equity issuance or equity financing transaction or series of related transactions by any Non-Recourse Subsidiary (including, for the avoidance of doubt, any issuance or series of related issuances of Disqualified Stock, Preferred Equity or other Equity Interests by any Non-Recourse Subsidiary) (a) the proceeds of which are used for the financing (or refinancing) of all or any portion of any Project to which such Non- Recourse Subsidiary relates, all or any portion of any other Project Costs relating to any such Project, and/or any activities reasonably related or ancillary thereto or necessary, appropriate or desirable in connection therewith, in each case as determined by the Issuer in good faith; provided that, to the extent such Disqualified Stock, Preferred Equity of other Equity Interests are issued by a Non-Recourse Subsidiary that is an obligor under any Non-Recourse Financing relating to the applicable Project, the proceeds of the issuance of such Disqualified Stock, Preferred Equity of other Equity Interests may be used for the purpose of, or in connection with, any financing (or refinancing) of all or any portion of any one or more other Projects, all or any portion of any Project Costs relating to any such one or more other Projects, and/or any activities reasonably related or ancillary thereto or necessary, appropriate or desirable in connection therewith, in each case as determined by the Issuer in good faith, so long as such use of proceeds is permitted under the terms of each Non-Recourse Financing that is then outstanding to which such Non-Recourse Subsidiary is a party (and not pursuant to an amendment or waiver of any such Non-Recourse Financing in contemplation thereof); and (b) such transaction or series of related transactions does not result in such Non-Recourse Subsidiary no longer constituting a “Restricted Subsidiary” for purposes of this Indenture immediately after giving effect thereto.

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Equity Financing Transaction means an equity issuance of common shares of the Borrower for net cash proceeds of at least $8,000,000.00.

Equity Financing Transaction has the meaning set forth in Section 3.4(d)(i).

Examples of Equity Financing Transaction in a sentence

As of the date hereof, Parent shall have provided written evidence acceptable to Multiplier that Parent has received aggregate net cash proceeds of at least $9,000,000 from the closing of the Equity Financing Transaction (as defined below) through the date hereof.
If Ma’aden (directly or through another Ma’aden Party) fails to deliver such Top-up Right Exercise Notice within 20 Business Days of the closing of the applicable Equity Financing Transaction, Ma’aden will be deemed to have irrevocably waived its Top-up Right with respect to the applicable Compelled Top-up Trigger.
If such impediment has not been cleared and the Top-up Right duly exercised in accordance with the terms of this Article III by the date that is 12 months from the date of the Top-up Right Expiration, the Top-up Interim Period will be deemed to have ended and Ma’aden will not be entitled to exercise a Top-up Right until the Company’s next Equity Financing Transaction or as otherwise permitted by Section 3.1.3.
If the Company timely receives such notice from the Subscriber and proceeds to consummate the Equity Financing Transaction, the Company shall issue and/or sell to the Subscriber, and the Subscriber shall purchase from the Company, such proportionate number of shares of the Ordinary Common Stock on the terms and conditions of the Equity Financing Transaction.
The Parties acknowledge that the Partnership has issued [_______] General Partner Units (which number of units is equal to 2/98ths of the aggregate number of Common Units issued in the Equity Financing Transaction) to EPP GP.

More Definitions of Equity Financing Transaction

Equity Financing Transaction means the issuance by the Company of shares of Ordinary Common Stock for cash in a bona fide financing transaction with a third party investor, the primary purpose of which is to raise funds for the Company, but excluding (a) any offering of shares which constitute less than five percent (5%) of the then outstanding number of shares of the Ordinary Common Stock, (b) any issuance of shares to, or issuance of shares upon exercise of options granted to, employees, officers or directors of the Company or any Affiliate of the Company, (c) any issuance of shares as an “equity kicker” in a debt financing, or upon conversion of debt securities or upon exercise of warrants issued in connection with any such debt financing, (d) any issuance of shares in connection with a transaction, the primary purpose of which is not to raise funds for the Company, including but not limited to a merger or share-for-share exchange or an acquisition of a business, or (e) a public offering of shares which is registered with the SEC under the Securities Act.

Equity Financing Transaction means any private issuance or sale, by the Company or any Subsidiary of shares of Common Stock or Common Stock Equivalents, including any securities convertible into, exchangeable for or exercisable to acquire Common Stock

Equity Financing Transaction means the stock purchase transaction under the Series B-1 Preferred Stock Purchase Agreement dated as of July 17, 2017 by and among Winc, Inc. and the purchasers party thereto. Multiplier Capital II, LP Schedule to Loan and Security Agreement

Equity Financing Transaction the meaning assigned to such term in the first paragraph of this Agreement.

Equity Financing Transaction means any transaction in which the Company issues or sells any of its equity securities for cash to one or more third party investors. For the avoidance of doubt, an Equity Financing Transaction does not include (i) issuances of securities upon the exercise of any options or warrants outstanding as of the date of this Agreement, (ii) issuances of stock bonuses or grants of stock awards under any plan to issue securities as compensation to employees, officers, directors or consultants of the Company duly adopted for such purpose by the Company’s board of directors, (iii) issuances of securities in connection with a merger, acquisition or other business combination or (iv) issuances of securities in connection with any stock split, stock dividend, recapitalization or similar event.

Equity Financing Transaction is defined in Section 3.1.2.

Equity Financing Transaction means any financing transaction in which the Parent issues any equity security or instruments convertible into any equity security of the Parent with net proceeds of more than Three Million Dollars ($3,000,000); provided, that an Equity Financing Transaction shall not include (i) the issuance of any securities of the Parent conditioned on a strategic alliance or non-financing transaction that reasonably makes the financing transaction alone an inaccurate measure of the value of the Parent, (ii) any bridge loan to the Parent of not more than Five Million Dollars ($5,000,000) with a repayment term of not more than two (2) years, (iii) the issuance of any securities of the Parent to its officers, directors, employees or consultants pursuant to the Parent’s compensation plans in effect from time to time or (iv) the formal extension of the expiration date (by way of the issuance of replacement warrants) of outstanding warrants through December 31, 2005.