KFOC definition
Examples of KFOC in a sentence
The Common Stock shall be issued and delivered to KFOC on the Delivery Date and, when issued, shall be fully paid and non-assessable.
At any time on or prior to June 23, 2006, the Company may exercise its option to require a Second Closing by delivering to KFOC and New Purchaser a written notice setting forth the portion of the Additional Debt Unit that the Company wishes to sell at the Second Closing and the date of the Second Closing, which shall be not more than ten Trading Days nor less than five Trading Days after the date of delivery of the notice.
All transactions between KFOC and the Company will be conducted on an arm's length basis, and each such transaction will be on terms at least as favorable to the Company as could be obtained by it from a third party with no pre-existing relationship with the Company.
Immediately upon issuance of one or more of the Notes pursuant to the Second Closing, if any such Notes are issued, the Company shall use the net proceeds from the Second Closing to repay the principal and interest on the KFOC Credit Facility.
Notwithstanding anything to the contrary contained in this SECTION 4.21, the Company shall not, and shall cause each of its Subsidiaries and its and each of their respective officers, directors, employees, agents and counsel, not to, provide the New Purchaser or KFOC with any material nonpublic information in, or in connection with, the proxy materials for the Annual Meeting.
The issuance of the Securities is not subject to pre-emptive or other similar rights of any securityholder of the Company, except as disclosed in the Preliminary Prospectuses and the Final Prospectuses in relation to KFOC and IP Synergy pursuant to the terms of a securities purchase agreement, and except for any such other rights as have been waived by the holders thereof.
KFOC shall notify Purchaser, in writing, when KFOC determines to build out a Group.
The Company understands and confirms that KFOC will rely on the foregoing representations in effecting transactions in securities of the Company.
The Company confirms that neither it nor any other Person acting on its behalf, has provided KFOC or any of its Affiliates or any of their respective agents or counsel with any information that constitutes or might constitute material, nonpublic information.
In either case, the Second Closing shall take place as provided in SECTION 2.3(B), at 10:00 A.M. (New York City Time) on the date each of the conditions set forth in SECTION 2.3(B) have been satisfied, or at such other time and place as the Company and KFOC (and, if New Purchaser has exercised its option provided in SECTION 2.1(B)(II), New Purchaser) have mutually agreed upon in writing (the "SECOND CLOSING DATE").