Prospective Financing definition

Prospective Financing means any opportunity to purchase or finance Equipment for a Customer in the form of (i) a lease or rental agreement or (ii) a secured or unsecured loan relating to the sale of Equipment other than, in the case of clauses (i) and (ii) above, Equipment to be acquired for personal, family, household or agricultural use or for resale and shall include, in all cases, any schedules or amendments to such leases, rental agreements or loans, any assignments, assumptions, renewals or novations thereof and any ancillary agreements relating thereto; provided, however, that the term "Prospective Financing" shall not include (a) any sale contract arising out of the sale of Equipment where the Equipment is purchased by the Customer for a cash purchase price payable in full either on the date the related Equipment is delivered or within ninety (90) days thereafter, (b) a lease or rental agreement with a Customer that is for a term of less than one year (or is a "month to month" agreement with no fixed term) and is cancelable by the Customer for any reason (and without penalty) on not more than thirty (30) days' prior notice, (c) a rental agreement having an initial term of not more than thirty-six (36) months that is cancelable by the Customer for any reason for a penalty not in excess of three (3) months rental payment or (d) a sale contract or secured or unsecured loan arising out of the sale of Equipment in connection with a "floor planning" financing program with a Customer that is a dealer of such Equipment and that will hold such Equipment for sale or lease in the ordinary course of its business.
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Prospective Financing means the Debt Financing or any debt securities being issued in lieu of any portion of the Debt Financing as contemplated by the Debt Financing.
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Examples of Prospective Financing in a sentence

  • The ROFR Notice shall specify all of the key terms of the Prospective Financing, including, but not limited to, the proposed investment amount, the proposed rate of interest, the proposed conversion price, the proposed term of the investment, the type and number of securities to be sold and any and all other relevant terms, each as applicable.

  • In the event Purchaser fails to exercise its right of first refusal with respect to an ROFR Notice within the time set forth above, Purchaser shall be deemed to have waived its right of first refusal with respect to such Prospective Financing, provided that it shall retain such right with respect to any future Prospective Financing.

  • At any time while the Note is outstanding, the Company desires to borrow funds, raise additional capital and/or issue additional promissory notes convertible into shares of securities of the Company (a “Prospective Financing”), the Purchaser shall have the right of first refusal to participate in the Prospective Financing, and the Company shall provide written notice containing the terms of such Prospective Financing (the “ROFR Notice”) to the Purchaser prior to effectuating any such transaction.

  • In the event Placement Agent fails to exercise its right of first refusal with respect to an ROFR Notice within the time set forth above, Placement Agent shall be deemed to have waived its right of first refusal with respect to such Prospective Financing, provided that it shall retain such right with respect to any future Prospective Financing.

  • In addition, the provisions of this Section 5(ii) shall apply in the event Seller enters into an agreement for any Prospective Financing described under Section 5(i)(d) above.

  • The ROFR Notice shall specify all of the key te1ms of the Prospective Financing, including, but not limited to, the proposed investment amount, the proposed rate of interest, the proposed conversion price, the proposed term of the investment, the type and number of securities to be sold and any and all other relevant terms, each as applicable.

  • The Company shall provide written notice containing the terms of such Prospective Financing (the “ROFR Notice”) to the Placement Agents prior to effectuating any such transaction.

  • For a period of nine (9) months following the Termination Date and subject to a closing of the Offering having been effected, in the event that the Company desires to raise additional capital in the form of debt, equity or otherwise (a “Prospective Financing”), the Placement Agent shall have the right of first refusal to act as Placement Agents with respect to any such Prospective Financing only if the Placement Agent raised no less than $5,000,000 for the Offering.

  • In the event Placement Agents fails to exercise its right of first refusal with respect to an ROFR Notice within the time set forth above, Placement Agents shall be deemed to have waived its right of first refusal with respect to such Prospective Financing, provided that it shall retain such right with respect to any future Prospective Financing.

  • In the event that a Prospective Financing is in the form of a shelf-take down (a “Shelf Offering”), the Company shall provide the Purchaser with a ROFR Notice no later than the same day of the proposed Shelf Offering.