Backstop Commitment Schedule definition
Examples of Backstop Commitment Schedule in a sentence
Any update to the Backstop Commitment Schedule described in the immediately preceding sentence shall not be deemed an amendment to this Agreement.
Any update to the Backstop Commitment Schedule or the Equity Commitment Schedule described in the immediately preceding sentence shall not be deemed an amendment to this Agreement.
Upon receipt of such written notice, the Company shall revise the Backstop Commitment Schedule to reflect such Transfer and also indicate that the Transferring Backstop Party remains obligated in the event the New Backstop Party defaults in its obligations hereunder.
Each Transferring Backstop Party shall provide notice to the Company and the nontransferring Backstop Parties of such transfer (the “Backstop Transfer Notice”), and the Company shall maintain an updated copy of the Backstop Commitment Schedule to reflect such transfers as occur from time to time.
Subject to the terms described herein, each Backstop Party will commit (such commitment, the “Backstop Commitment”) to purchase, on a several and not joint basis, and the Company will agree to sell to such Backstop Party, 100% of the Rights Offering Shares that are not purchased as part of the Equity Rights Offering (the “Backstop Shares”) based on the percentages set forth in the Backstop Commitment Schedule (each, a “Backstop Commitment Percentage”).
Backstop Parties, or their affiliate designees, agreeing to make the Backstop Commitment, 38.75% of the total Equity Rights Offering (constituting 37.5% of the Tranche A Equity Rights Offering and 50% of the Tranche B Equity Rights Offering) will be reserved solely for the Backstop Parties of the applicable classes and allocated as set forth in the Backstop Commitment Schedule (as defined in the Backstop Commitment Term Sheet) (the “Minimum Allocation”).
Notwithstanding the foregoing, the Backstop Commitment Schedule shall be revised as necessary without requiring a written instrument signed by the Company and the Requisite Commitment Parties to reflect changes in the composition of the Commitment Parties and Backstop Commitment Percentages as a result of Transfers permitted in accordance with the terms and conditions of this Agreement.
In consideration for the Backstop Parties, or their Related Funds, agreeing to make the Backstop Commitment (as defined in the Backstop Commitment Agreement), 50% of the total Equity Rights Offering will be reserved solely for certain Backstop Parties and allocated as set forth in the Backstop Commitment Schedule (as defined in the Backstop Commitment Agreement) (the “Minimum Allocation”).
The Backstop Commitment Schedule shall identify each Backstop Party, its applicable Backstop Commitment Percentage and Minimum Allocation and the portion of the Backstop Commitment Premium to which such Backstop Party is entitled in consideration of its Backstop Commitment.
Such Backstop ▇▇▇▇▇ Warrants shall be distributed among the Initial Commitment Parties based upon each Initial Commitment Party’s Backstop Commitment Percentage as set forth on the Initial Backstop Commitment Schedule.