New Issuance Prepayment. Subject to the terms of the Intercreditor Agreement, the Borrower shall pay to the Agent, for the accounts of the Lenders (each, a "NEW ISSUANCE PREPAYMENT"), immediately after the completion by the Borrower of any issuance of (i) Indebtedness permitted pursuant to Section 9.1(i) hereof or (ii) equity securities of the Borrower or any of its Subsidiaries, including, without limitation, any issuance of warrants, options or subscription rights (other than issuances of common stock to employees of the Borrower), permitted pursuant to Section 9.13 hereof, an amount equal to one hundred percent 100% of the Net Proceeds received by the Borrower in connection with any such issuance.
Appears in 1 contract
Sources: Intercreditor Agreement (Prentice Capital Management, LP)
New Issuance Prepayment. Subject to the terms of the Intercreditor Agreement, the Borrower shall pay to the Agent, for the accounts of the Lenders (each, a "NEW ISSUANCE PREPAYMENT"“New Issuance Prepayment”), immediately after the completion by the Borrower of any issuance of (i) Indebtedness permitted pursuant to Section 9.1(i) hereof or (ii) equity securities of the Borrower or any of its Subsidiaries, including, without limitation, any issuance of warrants, options or subscription rights (other than issuances of common stock to employees of the Borrower), permitted pursuant to Section 9.13 hereof, an amount equal to one hundred percent 100% of the Net Proceeds received by the Borrower in connection with any such issuance.
Appears in 1 contract
Sources: Intercreditor and Lien Subordination Agreement (Whitehall Jewellers Inc)