Common use of On the Delayed Draw Note Closing Date Clause in Contracts

On the Delayed Draw Note Closing Date. Subject to the terms and conditions set forth in this Agreement, on a single Delayed Draw Note Closing Date, the US Issuer shall issue and sell Delayed Draw Notes in the aggregate amount specified in the Notice of Issuance (in compliance with Section 2.06) to each of the Purchasers, severally and not jointly, allocated on a pro rata basis in accordance with their respective Delayed Draw Note Commitments, and each of the Purchasers, \DC - 031561/000013 - 10875187 v5 \DC - 031561/000013 - 10875187 v7 \DC - 031561/000013 - 10875187 v9 severally and not jointly, shall on such date purchase (for an aggregate purchase not greater than such Purchaser’s undrawn Delayed Draw Note Commitment) such Delayed Draw Notes from the US Issuer on the Delayed Draw Note Closing Date specified in the Notice of Issuance, in each case at an aggregate purchase price equal to 100% of the aggregate principal amount of such Delayed Draw Notes, provided that under no circumstances shall the aggregate principal amount of Delayed Draw Notes so purchased by any Purchaser exceed the amount of such Purchaser’s Delayed Draw Note Commitment at such time.

Appears in 1 contract

Sources: Note Purchase Agreement (OptiNose, Inc.)

On the Delayed Draw Note Closing Date. Subject to the terms and conditions set forth in this Agreement, on a single Delayed Draw Note Closing Date, the US Issuer shall issue and sell Delayed Draw Notes in the aggregate amount specified in the Notice of Issuance (in compliance with Section 2.06) to each of the Purchasers, severally and not jointly, allocated on a pro rata basis in accordance with their respective Delayed Draw Note Commitments, and each of the Purchasers, \DC - 031561/000013 - 10875187 v5 \DC - 031561/000013 - 10875187 v7 \DC - 031561/000013 - 10875187 v9 in accordance with their respective Delayed Draw Note Commitments, and each of the Purchasers, severally and not jointly, shall on such date purchase (for an aggregate purchase not greater than such Purchaser’s undrawn Delayed Draw Note Commitment) such Delayed Draw Notes from the US Issuer on the Delayed Draw Note Closing Date specified in the Notice of Issuance, in each case at an aggregate purchase price equal to 100% of the aggregate principal amount of such Delayed Draw Notes, provided that under no circumstances shall the aggregate principal amount of Delayed Draw Notes so purchased by any Purchaser exceed the amount of such Purchaser’s Delayed Draw Note Commitment at such time.

Appears in 1 contract

Sources: Note Purchase Agreement (OptiNose, Inc.)