Commitment Annex definition
Examples of Commitment Annex in a sentence
The Commitment Annex to the Existing Securities Purchase Agreement is amended and restated in its entirety in the manner set forth on Schedule 1 attached hereto.
Provided no Default or Event of Default shall have occurred and shall be continuing, upon the satisfaction of the Acquisition Revolving Loan Commitment Increase Conditions, Borrower may request that the Lenders increase the Revolving Loan Commitment by $15,000,000 as set forth on the Commitment Annex in the table under the heading “After Effectiveness of Acquisition Revolving Loan Commitment Increase” (the “Acquisition Revolving Loan Commitment Increase”).
Provided no Default or Event of Default shall have occurred and shall be continuing, Borrower may request that the Lenders increase the Revolving Loan Commitment by an amount not greater than $10,000,000 in the aggregate (the “Optional Revolving Loan Commitment Increase”), as set forth on the Commitment Annex in the table under the heading “After Effectiveness of the Optional Revolving Loan Commitment Increase”.
In the event that an Investor elects to increase its Total Commitment, Annex A will be appropriately adjusted to reflect such increase, and the Capital Call will be allocated ratably among the revised Remaining Commitments of the participating Investors.
At each Subsequent Closing, each applicable Purchaser shall purchase the subsequent Notes and associated Common Warrants, Incremental Warrants and shares of Series B Preferred Stock for an amount equal to 25% of the Note Commitment Amount set forth opposite such Purchaser’s name on the Commitment Annex and disburse the net proceeds from the purchase of the subsequent Notes pursuant to the Flow of Funds delivered by the Issuer.
Subject to the terms and conditions set forth herein, on the Closing Date, Parent agrees to sell to each Lender, and each Lender hereby agrees to purchase from Parent, the number of Closing Shares set forth for such Lender on the Commitment Annex.
Any amendment of the Commitment Annex to add Revolving Loan Commitments of up to $5,000,000 in the aggregate will be effective if executed by Administrative Agent and the Credit Parties and will not require the approval of the Lenders.
The parties agree that all such provisions that relate to the Revolving Loan Commitments and the Letter of Credit subfacility will become effective when a Lender commits to a Revolving Loan Commitment and the Commitment Annex is amended accordingly.
In addition, DIP Lenders hereby authorize DIP Agent and Borrower to modify this DIP Credit Agreement by unilaterally amending or supplementing the Commitment Annex from time to time in the manner requested by Borrower, DIP Agent or any DIP Lender in order to reflect any assignments or transfers of the DIP Loans as provided for hereunder; provided, however, that DIP Agent shall promptly deliver a copy of any such modification to Borrower and each DIP Lender.
Annex A to the Credit Agreement containing the Commitment Annex is hereby amended and restated as set forth on Exhibit A attached to and made a part of this Amendment.