Future Financing. The Company shall have not completed any financing prohibited by Section 4.11 unless, prior to the Company delivering the first Draw Down Notice after any such financing, the Company pays the Purchaser the sum of $100,000 as liquidated damages.
Future Financing. If, at any time any of the Debentures are outstanding, the Company, or its successors in interest due to mergers, consolidations and/or acquisitions (the "Successors-in-Interest"), is funded an amount equal to or exceeding Five Million United States Dollars ($5,000,000), the Company or the Successors-in-Interest, as the case may be, agrees to pay the Purchaser an amount equal to One Hundred Fifty Percent (150%) of the then outstanding Debentures (the "Lump Sum Payment"). Upon the Purchaser's receipt of the Lump Sum Payment, any and all remaining obligations then outstanding between the Company or the Successors-in-Interest, as the case may be, and Purchaser in connection with this Agreement and the Debentures shall be deem satisfied, and the Agreement and the Debentures shall be terminated. This provision shall survive both Closing and Post-Closing.
Future Financing. Lessee hereby agrees that if at any time during the Term Lessee purchases or contemplates the purchase of a facility, or property to be used, for the operation of a business for the Primary Intended Use, Lessee shall notify Lessor in writing ("Lessee's Notice") of such purchase or contemplated purchase, and Lessor shall have the first opportunity to provide financing for such purchase, expansion or renovation upon terms mutually agreeable to Lessor and Lessee. Lessor shall notify Lessee in writing on or before the expiration of twenty (20) business days after receipt of Lessee's Notice whether Lessor is interested in providing such financing. If Lessor agrees to provide the financing, the terms and conditions of such financing will be contingent upon, among other things, performance benchmarks acceptable to Lessor and the Lessor's satisfaction and approval of other due diligence requirements.
Future Financing. Buyer further agrees that Buyer will not seek outside financing from other sources related to any future refinancing, secondary financing or home equity line financing that is secured by the Property without the prior written approval of Seller. Buyer acknowledges that Seller may withhold such approval in its sole discretion and that Buyer has been advised prior to entering this Agreement that Seller does not presently intend to permit in any manner any outside financing to be secured by Buyer’s interest in the Property other than as may be approved by Seller under the PUHLP, as the same may be amended from time to time. In the event that Buyer obtains outside financing secured by all or a portion of Buyer’s interest in the Property from any source other than the PUHLP, such act shall be deemed a material default of this Agreement, as well as a violation of the CC&Rs, and shall constitute an irrevocable offer to sell the Property to Seller pursuant to Section 1(b) of Article XIV of the CC&Rs.
Future Financing. The Company agrees that it will enter into an equity line of credit type of transaction arranged by Union Atlantic, L.C. within 10 days from the date hereof (the "Equity Line"). Failure to enter into the Equity Line within the 10 days from the date hereof shall constitute an Event of Default of the Convertible Debentures. The Company agrees that it will not enter into any other sale of its securities or any Capital Shares Equivalents at a discount to the then-current bid price until the earlier of (i) 180 days after the Maturity Date; provided, however, that such period shall be extended for any days after the Maturity date during which the Registration Statement is not effective, or (iii) the date on which all of the Convertible Debentures have been redeemed by the Company pursuant to the Convertible Debentures. The foregoing shall not prevent or limit the Company from engaging in any sale of securities (i) pursuant to the exercise of options granted or to be granted under an employee benefit plan which plan has been approved by the Company's stockholders, (ii) pursuant to any compensatory plan for a full-time employee or key consultant, (iii) in connection with a strategic partnership or other business transaction, the principal purpose of which is not simply to raise money, (iv) in a registered public offering by the Company which is underwritten by one or more established investment banks (except an equity line type financing), or (v) with the prior written approval of a majority in interest of the Investors. In the event the Company enters into a sale of its securities pursuant to any of the aforementioned exceptions to the general prohibition on future financing in this Section 6.9, the Company shall deliver to the Investors a written notice (the "Subsequent Placement Notice") of its intention to effect such Subsequent Placement, which Subsequent Placement Notice shall describe in reasonable detail the proposed terms of such Subsequent Placement, the amount of proceeds intended to be raised thereunder, the persons and/or entities with whom such Subsequent Placement shall be effected, and attached to which shall be a term sheet or similar document relating thereto. If the Investors shall not have notified the Company by 6:30 p.m. (New York City time) on the third (3rd) Trading Day after their receipt of the Subsequent Placement Notice of their willingness to provide (or to cause their sole designee to provide), subject to completion of mutually accept...
Future Financing. Lessee hereby agrees that if at any time during the Term the Lessee purchases or contemplates the purchase of a facility, or property to be used, for the operation of a business for the Primary Intended Use, or if Lessee wishes to expand or renovate the Leased Property or any other facilities leased to the Lessee under the Other Leases, Lessee shall notify Lessor in writing of such purchase or contemplated purchase, and Lessor shall have the first opportunity to provide financing for such purchase, expansion or renovation upon terms mutually agreeable to Lessor and Lessee.
Future Financing. 51 41.8 Subordination of Lessee and Guarantors.......................... 51 Table of Contents (continued)
Future Financing. No representations have been made by the parties hereto and/or real estate broker(s) as to the future availability of alternative financing which might be required by the Purchaser(s) to fully pay the obligation then owing on said Contract.
Future Financing. Westar agrees to vote in favor of a secondary public offering by the Company of up to 4,000,000 shares of Common Stock at not less than $2.00 per share in connection with an offering of Common Stock, convertible debt or debt-with-equity securities.
Future Financing. 23 4.31 Applicability of Agreements after Post-Closing.......................................23 4.32 Company's Right of Redemption........................................................23 4.33 Conversion and Exercise Procedures...................................................24
