Third Tranche Note definition

Third Tranche Note has the meaning ascribed to that term in the recitals.
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Third Tranche Note has the meaning set forth in Section 2.01(c).
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Third Tranche Note means the Senior Secured Convertible Note due, subject to the terms therein, 18 months from the date of issuance, issued by the Company to the Investor hereunder, in the form of Exhibit A attached hereto.
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Examples of Third Tranche Note in a sentence

  • The Third Tranche Notes Issuance shall consist of Third Tranche Notes simultaneously issued by the Issuer to each of the Third Tranche Purchasers in accordance with their respective Third Tranche Note Purchase Commitments.

  • Upon any termination of the Third Tranche Note Purchase Commitments, the Third Tranche Note Purchase Commitments of each Appropriate Purchaser shall be reduced by such Purchaser’s Applicable Percentage of such reduction amount.

  • The Third Tranche Note Purchase Commitments will be automatically and permanently reduced to zero upon the Third Tranche Notes Issuance pursuant to Section 2.01(c).

  • The advance of $15,000,000.00 under the Third Tranche Note will be made on the execution and delivery of the applicable Loan Documents and satisfaction by the Borrower or waiver by the Lender of the applicable conditions of lending set forth in paragraph 5 (the “Closing”).

  • The Purchaser shall have the option, but not the obligation, to determine whether to effect a subsequent closing for the Third Tranche Note or Fourth Tranche Note.

  • Any Third Tranche Closing may take place remotely via the exchange of documents and signatures on the later of (i) ten (10) days after the delivery of such commitment letter and (ii) the effectiveness of the Registration Statement registering the Underlying Shares for the Third Tranche Note or at such other time and place as the Company and the Purchaser mutually agree upon orally or in writing (the closing for which is designated as the “Third Tranche Closing”).

  • The Issuer may, upon written notice to the Administrative Agent during the Third Tranche Availability Period, terminate in full the Third Tranche Note Purchase Commitments; provided, that: any such notice shall be received by the Administrative Agent not later than 9:00 a.m. five (5) Business Days prior to the date of termination.

  • The Third Tranche Note, if any, shall be a total of $3,125,000 of principal in exchange for a total of $2,500,000 in Subscription Amounts.

  • At its sole election, on or before the 30th day following the last portion of the Second Tranche Closing, the Purchaser may issue a commitment letter to the Company evidencing its binding commitment to fund Subscription Amounts for the Third Tranche Note.

  • The project will be required to comply with all County ordinance requirements regarding light intensity.


More Definitions of Third Tranche Note

Third Tranche Note means up to $3,125,000 in principal Note issuable upon the Third Tranche Closing, which can be purchased at the Purchaser’s discretion.
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Third Tranche Note has the meaning set forth in Section 2.01(c). “Third Tranche Note Purchase Commitment” means, as to each Third Tranche Purchaser, its commitment to purchase a Third Tranche Note, in the principal amount set forth opposite such Third Tranche Purchaser’s name in the Third Tranche Joinder Agreement. The aggregate principal amount of the Third Tranche Note Purchase Commitments of all of the Third Tranche Purchasers shall not exceed ONE HUNDRED FIFTY MILLION DOLLARS ($150,000,000). “Third Tranche Notes Issuance” means an issuance of simultaneous Third Tranche Notes by the Issuer to each of the Third Tranche Purchasers pursuant to Section 2.01(c). “Third Tranche Notes Issuance Date” has the meaning set forth in Section 2.01(c). “Third Tranche Purchase Conditions” means the conditions that (a) the Issuer shall have delivered (prior to the date that any purchase of the Third Tranche Notes is requested in accordance with Section 2.02(a)) to the Administrative Agent (i) a certificate of a Responsible Financial Officer of the Issuer (in form and substance reasonably satisfactory to the Required Purchasers), certifying that (A) Consolidated Daxi Net Product Sales, for any consecutive twelve (12) month period preceding the date that the applicable purchase of Third Tranche Notes is requested to be made, were at least $50,000,000, (B) the Amortization Trigger Date shall not have occurred prior to the date that a Notes Issuance Notice with respect to the Third Tranche is delivered by the Issuer to the Administrative Agent and (C) (I) [***] (ii) evidence reasonably satisfactory to the Third Tranche Purchasers demonstrating compliance with the requirements in the foregoing clause (a)(i) and (iii) the financial statements required to be delivered pursuant to Section 7.01 or such other financial statements as are reasonably satisfactory to the Required Purchasers for such consecutive twelve (12) month period (and such other supporting documentation as the Required Purchasers shall reasonably request) and (b) the Second Tranche Notes Issuance shall have been consummated prior to the date that a Notes Issuance Notice with respect to the Third Tranche is delivered by the Issuer to the Administrative Agent. “Third Tranche Purchaser” means each of the Persons identified as a “Third Tranche Purchaser” in the Third Tranche Joinder Agreement, together with their respective successors and assigns. “Three-Month Term SOFR” means [***]. “Three Month Treasury Rate” means, as of any date ...
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Related to Third Tranche Note

  • Tranche B Loan has the meaning specified in Section 2.01(b).

  • 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.

  • Tranche C Loan has the meaning specified in Section 2.01(c).

  • Tranche B Note means a promissory note of the Borrower payable to any Tranche B Lender and its registered assigns, delivered pursuant to a request made under Section 2.16 in substantially the form of Exhibit A-3 hereto, evidencing the aggregate indebtedness of the Borrower to such Lender resulting from the Tranche B Loans made by such Lender to the Borrower.

  • Tranche B Loans means loans made pursuant to Section 2.1(a)(ii).

  • 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.

  • Tranche A Note shall have the meaning given to it in Section 2.2 of the Credit Agreement.

  • Tranche B has the meaning assigned in Section 2.1(c)(i).

  • Tranche B Maturity Date means May 8, 2009, or, if such day is not a Business Day, the next preceding Business Day.

  • Tranche A has the meaning assigned in Section 2.1(c)(i).

  • Tranche C Lender means a Lender with a Tranche C Commitment or an outstanding Tranche C Term Loan.

  • Accelerated Purchase Share Percentage means, with respect to an Accelerated Purchase made pursuant to Section 2(b) hereof, thirty percent (30%).

  • Tranche B Notes means the promissory notes, if any, of the Borrower in favor of each Tranche B Lender provided pursuant to Section 2.4(f) or Section 2.5(f) and evidencing the Tranche B Loans of such Tranche B Lender, individually or collectively, as appropriate, as such promissory notes may be amended, modified, restated, supplemented, extended, renewed or replaced from time to time.

  • Revolving Note means a promissory note of the Borrower payable to a Lender in substantially the form of Exhibit 11.1(d) hereto, evidencing Indebtedness of the Borrower under the Revolving Loan Commitment of such Lender.

  • Term Loan Installment Date means any Term B Loan Installment Date or any Incremental Term Loan Installment Date.

  • Tranche A Loan shall have the meaning set forth in Section 2.01(a).

  • Tranche A Loans means the Loans made pursuant to the Tranche A Commitment.

  • Term Loan Repayment Date shall have the meaning assigned to such term in Section 2.09.

  • Tranche 2 has the meaning set forth in Section 2.2(a)(ii).

  • Tranche A Maturity Date means June 30, 2006, or if such day is not a Business Day, the next preceding Business Day.

  • Call Option Repayment Date means the settlement date for the Call Option determined by the Issuer pursuant to Clause 10.2 (Voluntary early redemption – Call Option), Clause 10.3(d) or a date agreed upon between the Bond Trustee and the Issuer in connection with such redemption of Bonds.

  • Revolving Loan Commitment Amount means, on any date, $30,000,000, as such amount may be reduced from time to time pursuant to Section 2.2.

  • 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.

  • Term Loan B Maturity Date means the earliest of (a) May 24, 2014, or (b) such earlier date upon which the Outstanding Amounts under the Term Loan Facility, including all accrued and unpaid interest, are required to be paid in full in accordance with the terms hereof.

  • Term Loan A Maturity Date means the earliest of (a) May 24, 2012, or (b) such earlier date upon which the Outstanding Amounts under the Term Loan Facility, including all accrued and unpaid interest, are required to be paid in full in accordance with the terms hereof.

  • Revolving Notes means the promissory notes of the Borrower in favor of each of the Lenders evidencing the Revolving Loans provided pursuant to Section 2.1(e), individually or collectively, as appropriate, as such promissory notes may be amended, modified, supplemented, extended, renewed or replaced from time to time.