Examples of Qualifying Securities in a sentence
For the purposes of the second immediately preceding paragraph, the notice to be delivered by the Company shall specify the relevant details of the manner in which the relevant substitution or modification shall take effect and where the Holders of such series can inspect or obtain copies of the new terms and conditions of the Securities of such series or, if such Securities are substituted, of the Qualifying Securities by which such Securities are substituted.
The remaining fifty percent (50%) of any amounts payable pursuant to Section 3(a) or Section 3(b) (the “Remaining Fifty Percent”) will be earned upon the earlier of the closing of a subsequent financing in which the Company receives an amount of gross proceeds that when added to the proceeds of previous sales of Qualifying Securities following the First Financing aggregates to at least $5 million (“Subsequent Financing”) or the Earned Date.
To the extent the net cash proceeds are not denominated in Sterling, for purposes of this Replacement Capital Covenant the amount of such proceeds shall be deemed to be the amount of Sterling that could have been purchased with such proceeds on the date of the settlement of the issuance of such APM Qualifying Securities at the spot rate of exchange in effect on that date, regardless of whether such proceeds are actually converted into Sterling.
If at any time a MREL Disqualification Event occurs, and/or in order to ensure or maintain the effectiveness and enforceability of § 11 of the General Conditions, the Issuer may, without any consent or approval of the Security Holders, at any time vary these Terms and Conditions in such a way that the Securities remain or, as appropriate, become, Qualifying Securities (the "Variation").
Notwithstanding the foregoing, in the event the Company is unable to raise a minimum of $5 million from the sale of Qualifying Securities as of June 30, 2024, the Participants hereby designate and appoint the Participant Representative (defined below) to work with the Company as necessary to amend the payment schedule set forth in this Section 4(a) to ensure that the Company will have sufficient cash to support its operations.