Securities Offering. Within nine months after the Closing Date, the Borrower (a) shall have completed a private placement of equity or (b) shall have engaged one or more investment bank reasonably acceptable to the Administrative Agent to publicly sell or privately place common equity securities, in each case, the net proceeds of which shall equal or exceed the amount of the Obligations and shall be available to repay the Obligations on or before the Maturity Date ("Securities Offering"). Notwithstanding anything to the contrary contained herein, in the event of a failure by the Borrower to initiate a Securities Offering within nine months after the Closing Date, the Borrower shall engage a financial institution reasonably acceptable to the Administrative Agent to pursue the issuance of Debt in an amount sufficient to repay in full in cash the Obligations.
Securities Offering. 5.12(e) Solvency Opinion.......................... 5.13(b)(ii) Spinco ............................................
Securities Offering. In the event that any stock or other securities are offered for sale to the Voting Trust as the holder of the Subject Shares, the Trustees shall give written notice to the holders of Trust Certificates of such offer not more than ten (10) days after the Trustees are notified of such offer or such fewer number of days (but in no event less than two (2)) after the Trustees are notified of such offer as is reasonably necessary in order to permit the holders of Trust Certificates to accept such offer in the event that acceptance thereof must be made by a time sooner than the tenth (10th) day after the Trustees are notified of such offer. If any holder of a Trust Certificate notifies the Trustees of his desire to accept such offer and tenders the purchase price for such stock or securities to the Trustees, the Trustees shall accept the offer to the extent of the amount tendered. Upon receipt of the certificates or other documents evidencing such stock or securities, the Trustees shall distribute such certificates or documents to such Trust Certificate holder, endorsed in blank, unless such stock or securities are Voting Stock, in which event the Trustees shall retain such certificates or other documents and issue to such Trust Certificate holder one or more Trust Certificates evidencing ownership of such stock or securities.
Securities Offering. For purposes of § 243.100(b)(2)(iv):
Securities Offering. If, during the Policy Period, a Company makes or plans to do, in whole or in part, a public offering of its securities (initial public offerings, new listings of equity or secondary offerings), the Policyholder shall give written notice of this increase in risk to the Insurer as soon as practicable. The Insurer may, at its sole discretion, extend coverage for this risk, provided that the Policyholder gives the Insurer sufficient details to permit the Insurer to assess the potential increase in risk and pays when due any additional premium and agrees to any amendments to the Policy required by the Insurer relating to such risk. If there is no agreement no coverage shall be afforded whatsoever for any Claim or Loss arising out of such increased risk.
Securities Offering. Notwithstanding any of the foregoing in this Article XII, in connection with any offering of securities by Owner or Operator or an Affiliate thereof (the “Issuer”), in which Golxxxx, Xacxx & Co. or an Affiliate thereof (the “GS Entity”) is involved as underwriter, dealer, agent or other similar participant, nothing in this agreement shall (i) prevent either the Issuer or the GS Entity from complying with all applicable disclosure laws, regulations and principles in connection with such offering or sale of securities, (ii) restrict the ability of the GS Entity to consider information for due diligence purposes or to share information with other underwriters participating in such offering or sale of securities, (iii) prevent the GS Entity from retaining documents or other information in connection with due diligence or (iv) prevent the GS Entity from using any such documents or other information in investigating or defending itself against claims made or threatened by purchasers, regulatory authorities or others in connection with such an offering or sale of securities.
Securities Offering. None of the Note Parties nor any of its representatives has taken or will take any action which would subject the issuance or sale of any of the Notes to the provisions of Section 5 of the Securities Act or violate the provisions of any securities or blue sky laws of any applicable jurisdiction.
Securities Offering. In the event that Truli is able to secure funding through the sale of their securities for cash or a loan other than from an affiliate of Truli (“Offering”), twenty five percent (25%) of the gross proceeds received from the Offering (after deduction of placement agent or underwriter costs) shall be applied to pay down the Outstanding Amount.
Securities Offering. Buyer shall use Best Efforts to complete a stock offering or other financing in order to refinance the Notes. In the event that the Buyer is able to raise funds through the sale of securities, Buyer shall apply the proceeds of such an offering to pay down the Notes according to the following formula:
Securities Offering. DLJ (i) is acquiring the MCC Shares solely for its own account for investment purposes and not with a view to the distribution thereof, (ii) is a sophisticated investor with knowledge and experience in business and financial matters, (iii) has received certain information concerning MCC as desired in order to evaluate the merits and the risks inherent in acquiring and holding MCC Shares (iv) is able to bear the economic risk and lack of liquidity inherent in holding MCC Shares, and (v) is an accredited investor within the meaning of Rule 501 of the Securities Act.
