First Amendment Closing Date definition
Examples of First Amendment Closing Date in a sentence
Borrower expressly acknowledges that its agreement to pay each of the Prepayment Charge and the End of Term Charge to Lenders as herein described was on the Closing Date and the First Amendment Closing Date and continues to be a material inducement to Lenders to provide the Term Loan Advances.
Within thirty (30) days of the First Amendment Closing Date (or such later date as may be agreed to in writing by Agent in its sole discretion), Borrower shall deliver to Agent (or its designated agent) an example of “revenue shortfall” calculations with respect to the calculation of “Net Product Revenue” (as defined in the Loan Agreement, as amended hereby), in form and substance reasonably acceptable to Agent.
Subject to the terms and conditions of this Agreement, Borrower may request and Lenders shall severally (and not jointly) make, in each case, beginning on the First Amendment Closing Date and continuing through March 15, 2026, one additional Term Loan Advance in an original principal amount of Twenty-Five Million Dollars ($25,000,000) (such Term Loan Advance, the “Tranche 1-C Advance”).
Borrower shall have paid (i) to Agent, for the ratable benefit of the Lenders, an amendment fee in an amount of One Hundred Fifty Thousand Dollars ($150,000) and (ii) all reasonable and documented Lender expenses (including all reasonable and documented attorneys' fees and out-of-pocket expenses) incurred through the date of this Amendment for the documentation and negotiation of this Amendment, in each case, to the extent invoiced on or prior to the First Amendment Closing Date.