Second Tranche Buyer means each of Northcreek and Stinger Northcreek.
Second Tranche means the amount of the Financing allocated to the category entitled “Second Tranche” in the table set forth in Part B of Section II of Schedule 1 to this Agreement.
First Tranche means the amount of the Financing allocated to the category entitled “First Tranche” in the table set forth in Part B of Schedule 1 to this Agreement.
Put Closing Date shall have the meaning set forth in Section 2.3.8.
Third Closing Date has the meaning set forth in Section 2.2(c).
Second Closing Date has the meaning set forth in Section 1.3.
VWAP Purchase Share Percentage means, with respect to any particular VWAP Purchase Notice pursuant to Section 1(c) hereof, the percentage set forth in the VWAP Purchase Notice which the Buyer will be required to buy as a specified percentage of the aggregate shares traded on the Principal Market during normal trading hours up to the VWAP Purchase Share Volume Maximum on the VWAP Purchase Date subject to Section 1(c) hereof but in no event shall this percentage exceed thirty percent (30%) of such VWAP Purchase Date’s share trading volume of the Common Stock on the Principal Market during normal trading hours.
Loan Closing Date means the date upon which the Loan is made to the Company.
Third Closing shall have the meaning ascribed to such term in Section 2.1(c).
Closing Shares shall have the meaning ascribed to such term in Section 2.1(a)(i).
Tranche B has the meaning assigned in Section 2.1(c)(i).
First Closing Date shall refer to the time and date of delivery of certificates for the Firm Shares and such Optional Shares). Any such time and date of delivery, if subsequent to the First Closing Date, is called an “Option Closing Date,” shall be determined by the Representatives and shall not be earlier than three or later than five full business days after delivery of such notice of exercise. If any Optional Shares are to be purchased, each Underwriter agrees, severally and not jointly, to purchase the number of Optional Shares (subject to such adjustments to eliminate fractional shares as the Representatives may determine) that bears the same proportion to the total number of Optional Shares to be purchased as the number of Firm Shares set forth on Schedule A opposite the name of such Underwriter bears to the total number of Firm Shares. The Representatives may cancel the option at any time prior to its expiration by giving written notice of such cancellation to the Company.
Option Closing Purchase Price shall have the meaning ascribed to such term in Section 2.2(b), which aggregate purchase price shall be net of the underwriting discounts and commissions.
Second Closing has the meaning set forth in Section 2.2.
Tender Closing Date means the date and time set out in column (C) of Part 1 of the Schedule to the Tender Notice;
Original Closing Date means March 21, 2013.
First Closing has the meaning set forth in Section 2.1(a).
Subsequent Closing Date means, with respect to each Subsequent Closing, the date on which such Subsequent Closing is deemed to have occurred.
Closing Warrants shall have the meaning ascribed to such term in Section 2.1(a)(ii).
Second Draw Period is the period commencing on the date of the occurrence of the Term B Draw Event and ending on the earlier of (i) December 31, 2015 and (ii) the occurrence of an Event of Default; provided, however, that the Second Draw Period shall not commence if on the date of the occurrence of the Term B Draw Event an Event of Default has occurred and is continuing.
Final Closing Date shall have the meaning specified in Section 7.2(a) hereof.
Tranche C means the credit facility provided pursuant to Section 2.1 to or for the benefit of the Company by the Banks with a Tranche C Commitment, which such facility shall consist of Loans (and participations in Swingline Loans) in the currencies referenced under the heading “Tranche C” on Schedule 1.1 and shall be in the maximum aggregate amount of the Tranche C Commitments of such Banks, as adjusted from time to time pursuant to the terms hereof.
Put Closing shall have the meaning set forth in Section 2.3.8.
Tranche B Loans means loans made pursuant to Section 2.1(a)(ii).
Loan Closing means the date on which an executed Loan Agreement between the Trust and a Borrower is delivered pursuant to this Bond Resolution.
Series Closing Date means the date designated as such in the Series Term Sheet.
Subsequent Closing has the meaning set forth in Section 3.2.