Liquidation Certificates definition

Liquidation Certificates means the certificates substantially in the form attached hereto as Exhibit G to be issued to the Purchasers hereunder representing the Senior Subordinated Liquidation Preference.
View Source
Liquidation Certificates means the certificates to be issued to the purchasers under the Senior Subordinated Note Purchase Agreement representing the Senior Subordinated Liquidation Preference.
View Source

Examples of Liquidation Certificates in a sentence

  • The Liquidation Certificates shall have been executed by the Borrower and delivered to the Purchasers substantially in the form of Exhibit G hereto.

  • None of the Purchasers shall be obligated to purchase any Warrant or Liquidation Certificate unless the purchase and sale of all the Warrants and Liquidation Certificates occurs simultaneously.

  • Subject to applicable securities laws, the Purchasers may assign any of their respective rights under any of the Mezzanine Transaction Documents to any Person and any holder of the Notes, the Liquidation Certificates, the Warrants or Common Stock issuable upon exercise of the Warrants may assign, in whole or in part, such securities to any Person.

  • Either (i) no part of the funds used by it to purchase the Securities hereunder constitutes assets of any "employee benefit plan" (as defined in Section 3(3) of ERISA) or "plan" (as defined in Section 4975 of the Code) or (ii) the purchase of the Warrants and Liquidation Certificates by it is exempt from the restrictions on prohibited transactions of ERISA and the Code pursuant to one or more statutory, regulatory or administrative exemptions.

  • At the Closing, the Borrower shall deliver the Liquidation Certificates and Holdings shall deliver the Warrants to the Purchasers against delivery by the applicable Purchasers to the Borrower of the purchase price therefor.

  • Payments of the Senior Subordinated Liquidation Preference shall be made by wire transfer of immediately available funds to an account or accounts designated by the holders of the Liquidation Certificates.