TPTX » Topics » Growth Capital Loan Commitment

This excerpt taken from the TPTX 8-K filed Oct 10, 2006.
“Growth Capital Loan Commitment” is (a) Five Million Dollars ($5,000,000) through September 30, 2005, plus (b) an additional Five Million Dollars ($5,000,000) if and only if the Tranche B Closing Condition is met on or before March 31, 2006.

 

Growth Capital Maturity Date” is: for the Tranche A Growth Capital Advance, the earliest of (a) April 1, 2009, (b) the occurrence of an Event of Default and acceleration of the Obligations as a consequence thereof, or (c) at Lenders’ election, seven (7) days before a Redemption Date (as defined in Borrower’s Fourth Amended and Restated Certificate of Incorporation, as amended from time to time); and for the Tranche B Growth Capital Advance, the earliest of (x) the 36th Growth Capital Scheduled Payment Date for the Tranche B Growth Capital Advance, (y) the occurrence of an Event of Default and acceleration of the Obligations as a consequence thereof, or (c) at Lenders’ election, seven (7) days before a Redemption Date (as defined in Borrower’s Fourth Amended and Restated Certificate of Incorporation, as amended from time to time).

 

Growth Capital Payment Date” is defined in Section 2.3(a)(iii).

 

Growth Capital Repayment Period” is a period of time equal to thirty six (36) consecutive months commencing on the applicable Growth Capital Amortization Date.

 

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