Examples of Tranche D Closing in a sentence
The obligation of Borrower to repay the Prime Rate Loans and the LIBOR Loans made by each Tranche D Bank and to pay interest thereon shall be evidenced by a Tranche D Note of Borrower in the form of EXHIBIT F hereto, dated as of the Tranche D Closing Date, and payable to the order of such Tranche D Bank in the principal amount of its Tranche D Commitment, or, if less, the aggregate unpaid principal amount of Tranche D Loans made hereunder by such Bank.
On the date that the Issuer confirms to the Purchaser’s counsel that such funds have been received (which shall occur promptly following receipt of the Tranche D Subscription Amount), the Tranche D Debenture shall be released to the Purchaser (and the date of receipt of such funds shall be deemed the Tranche D Closing Date).
Upon receipt of the Tranche D Debenture by counsel to the Purchaser and the execution and/or delivery of such other documents contemplated hereby to be executed and/or delivered on or prior to the Tranche D Closing, the Purchaser shall promptly cause a wire transfer in same day funds to be sent to the account of the Issuer, as instructed in writing by the Issuer, in an amount equal to the Tranche D Subscription Amount.
On the Tranche D Closing Date, provided the conditions set out in this Section 4.6 below have been fulfilled or waived on or before such date, the Issuer shall promptly deliver to Purchaser’s counsel, in trust, the Tranche D Debenture, registered in the name of the Purchaser, with instructions that such Tranche D Debenture is to be held in escrow for release to the Purchaser only upon payment of the Tranche D Subscription Amount to the Issuer, and confirmation of receipt of such payments by the Issuer.
The Per Share Market Value of the Common Stock shall have been more than the Tranche D Purchase Price per share for at least 30 consecutive trading days prior to the Tranche D Closing Date and at least equal to the Tranche D Purchase Price on the day before the Tranche D Closing Date; provided, however, that in no event shall the Tranche D Closing occur on a date which is prior to the 16th calendar day of the month following such 30 consecutive trading day period.
Cash at June 30, 2007 does not include the approximate $7.0 million in net proceeds that Transmeta received from AMD’s investment in the Company in July 2007.
Each Lender shall issue to Borrower, and Borrower shall execute and deliver to each Lender to evidence such Lender’s Term Loan, (i) on the Tranche A Closing Date, a Tranche A Note, (ii) on the Tranche B Closing Date (if any), a Tranche B Note, (iii) on the Tranche C Closing Date (if any), a Tranche C Note and (iv) on the Tranche D Closing Date (of any), a Tranche D Note.
Interest which will accrue on the Principal Balance of the Tranche D Loan from the Tranche D Closing Date through the last day of the month in which the Tranche D Closing occurs shall be payable in advance on the Tranche D Closing Date.
Upon satisfaction of all the terms and conditions set forth in the Term Sheet and Schedule 2.1(b) attached hereto, each Lender severally, but not jointly, agrees to make its Pro Rata Share of the Tranche D Loan in Dollars to Borrowers in the amount of such Lender’s Loan Commitment, which shall be funded in one advance on the Tranche D Closing Date and repaid in accordance with the terms of this Agreement and the Notes.
Borrower shall issue, execute and deliver to each Lender to evidence such Lender’s Term Loan, (i) on the Tranche A Closing Date, a Tranche A Term Loan Note, (ii) on the Tranche B Closing Date, a Tranche B Term Loan Note, (iii) on the Tranche C Closing Date, a Tranche C Term Loan Note, (iv) on the Tranche D Closing Date, a Tranche D Term Loan Note, (v) on the Tranche E Closing Date, a Tranche E Term Loan Note, and (vi) on the Tranche F Closing Date, a Tranche F Term Loan Note.