Examples of First Exchange Agreement in a sentence
Effective as of the Closing Date, Section 17 of the First Exchange Agreement is hereby amended to replace “New Note” with New Note (as defined herein).
The Company hereby acknowledges and agrees that, after giving effect to the foregoing amendment, the MFN Termination Date (as defined in the First Exchange Agreement) shall not occur until such dates as no New Note (as defined herein) remains outstanding.
To exercise any right under Paragraph 4 or 5 above any party shall give written notice to the other as provided in the First Exchange Agreement.
The Holder hereby waives any antidilution adjustments to the conversion price and/or exercise price, as applicable, of the Existing 2017 Note, Existing 2018 Note, the Existing 2017 Warrant, the Existing 2018 Warrant and the Exchange Warrant, as applicable, solely to the extent resulting from the issuance of securities to the Holder in the transactions contemplated by the First Exchange Agreement, the Second Exchange Agreement, the 2018 Securities Purchase Agreement and this Agreement.
The registration rights as set forth in Section 5 of the First Exchange Agreement regarding the shares of Common Stock issuable upon exercise of the Series 7 Warrants are not changed by this Agreement.
Effective as of the date hereof and in consideration for the right to the exchange the shares of Unissued Series A Preferred Stock for an additional $16,703,000 of principal of the Existing Note, the First Exchange Agreement shall be deemed amended to delete the Holder’s obligation to consummate the Final Exchange (as defined in the First Exchange Agreement).
The Company and the Note Purchasers hereby reaffirm each of the covenants contained in Section 4(a) through 4(k) and Section 5 of the First Exchange Agreement and confirm that such covenants apply fully to the Class E Notes in lieu of the Class C Notes.
Grantor derived substantial benefits from the transactions contemplated by the First Exchange Agreement and the Secured Loan Agreement, will derive substantially benefits from the transactions contemplated by the Second Exchange Agreement and the Secured Loan Agreement Amendment and has duly authorized the execution, delivery and performance of this Agreement.
Any undefined terms used in this Agreement shall have the meaning ascribed to them in the First Exchange Agreement.
The registration rights as set forth in Section 5 of the First Exchange Agreement regarding the shares of Common Stock issuable upon exercise of the Series 6 Warrants are not changed by this Agreement.