Remaining Availability definition
Examples of Remaining Availability in a sentence
Each Eurodollar Advance shall be in the minimum amount of $2,000,000.00 (and in multiples of $100,000.00 if in excess thereof), and each Floating Rate Advance (other than a Swing Line Loan or an Advance to repay Swing Line Loans) shall be in the minimum amount of $1,000,000.00 (and in multiples of $100,000.00 if in excess thereof), provided, however, that any Floating Rate Advance may be in the amount of the Remaining Availability.
The remaining 50% shall vest upon the borrowing of any portion of the Remaining Availability at a price determined by 1) if any part of the Remaining Availability is borrowed prior to the closing of an additional round of venture capital or corporate partner equity financing of at least $3,000,000 ("Round C"), $2.51 per share, 2) if none of the Remaining Availability is borrowed prior to the closing of Round C, the per share price of preferred stock issued in Round C.
Any unused portion of the Remaining Availability after application of the preceding sentence up to the lesser of (x) the number of Registrable Common Shares requested to be included by Cisco (but not in excess of (1) 30% of the number of Registrable Common Shares requested to be included by Cisco less (2) the number of Registrable Common Shares allocated to Cisco pursuant to the second preceding sentence) and (y) such unused portion of the Remaining Availability shall then be allocated to Cisco.
If such default is not cured within seven (7) days of the occurrence of this default, Borrower and Guarantor shall be permitted to obtain alternative financing up to the then amount of Remaining Availability under this Loan Agreement and the Loan Documents and incur additional indebtedness for such then amount of Remaining Availability over and beyond the limitations on Permitted Indebtedness imposed by Section 13a) at Borrower’s and/or Guarantor’s discretion without need for approval from ASPEN.
The remaining 50% shall vest upon the borrowing of any portion of the Remaining Availability at a price determined by 1) if any part of the Remaining Availability is borrowed prior to the closing of an additional round of venture capital or corporate partner equity financing of at least $3,000,000 (Round C), $2.51 per share, 2) if none of the Remaining Availability is borrowed prior to the closing of Round C, the per share price of preferred stock issued in Round C.
Aspen further represents and warrants that it will at all times maintain the dollar amount of such Remaining Availability in a segregated account, which shall be available to the Company upon three business days written notice to Aspen.
Any unused portion of the Remaining Availability after application of the preceding four sentences shall be allocated pro rata among the Investors whose requests for inclusion in such registration have not theretofore been satisfied in full on the basis of the number of shares requested to be included in such registration that have not theretofore been included.
The parties to this Agreement acknowledge that Aspen has placed on deposit with Fifth Third Bank an amount equal to the Remaining Availability under this Loan Agreement as of the date hereof, and that such amount is reserved by ASPEN to make additional advances to the Borrower.