Milestone Failure definition
Examples of Milestone Failure in a sentence
Upon each Milestone Failure Date, the Warrant Price in effect on such Milestone Failure Date shall, at the election of the Registered Holder, be decreased to 115% of the VWAP for the five (5) Trading Days immediately following such Milestone Failure Date.
With respect to each fiscal quarter ended after a Milestone Failure Date, if the cumulative Net Sales through such fiscal quarter ended exceed the cumulative Milestones such fiscal quarter, then all prior adjustments made pursuant to this paragraph (e) shall be reversed.
The Rights Agent will promptly, and in any event within ten (10) Business Days of receipt of the Milestone Failure Notice, send each Holder at its registered address a copy of such Milestone Failure Notice.
At the close of business on the second Business Day after the occurrence of a Milestone Failure Date (provided the occurrence of the event described in clause (A) above has not occurred), the LOC Bank may terminate the Letter of Credit.
The Designated Entities agree that, if they should otherwise provide or participate in a credit facility to refinance the Existing DIP during the pendency of the Cases, then unless a Milestone Failure Event shall have occurred, they will offer the Plan Sponsors the opportunity to participate in up to 35% of the Designated Entities’ allocation of such refinancing credit facility.