Common use of Sale and Delivery of Notes Clause in Contracts

Sale and Delivery of Notes. (i) The issuance, sale, authentication and delivery of the Initial Notes shall take place on the Closing Date. Subject to the terms and conditions set forth in this Agreement, on the Closing Date, the Issuer shall issue and deliver the Initial Notes to the Note Administrative Agent, as custodian for DTC, for the benefit of the Note Purchasers, and each Note Purchaser shall purchase the Initial Notes from the Issuer by wire transfer of immediately available funds, in the principal amount of the Initial Notes being purchased by such Note Purchaser pursuant to Section 2.1(a)(i); provided that the aggregate principal amount of the Initial Notes purchased by each Note Purchaser pursuant to this Agreement shall not exceed such Note Purchaser’s Initial Commitment. (ii) The issuance, sale, authentication and delivery of the Delayed Draw Notes shall take place on the Delayed Draw Purchase Date. Subject to the terms and conditions set forth in this Agreement, on the Delayed Draw Purchase Date, the Issuer shall issue and deliver Delayed Draw Notes to the Note Administrative Agent, as custodian for DTC, for the benefit of the Note Purchasers, and each Note Purchaser shall purchase the Delayed Draw Notes from the Issuer pursuant by wire transfer of immediately available funds, in the principal amount of the Delayed Draw Notes being purchased by such Note Purchaser pursuant to Section 2.1(a)(ii); provided that the aggregate principal amount of the Delayed Draw Notes purchased by each Note Purchaser pursuant to this Agreement shall not exceed such Note Purchaser’s Delayed Draw Commitment.

Appears in 2 contracts

Sources: Note Purchase and Guaranty Agreement (Next.e.GO B.V.), Note Purchase and Guaranty Agreement (Athena Consumer Acquisition Corp.)