On the other hand, susceptible to particular standards, if there is a Hive-Down of one’s alfapump or DSR company on the respectively LiverCo otherwise DSRCo whenever the business acquired a possible security resource otherwise a convertible otherwise exchangeable loans investment into LiverCo otherwise DSRCo to possess an amount of at the very least EUR fifteen mil and you will EUR eight.5 mil respectively (a great “Hive-Down Upcoming Financing”), each Lender will get the choice getting its mortgage paid off (entirely or even in region) in the form of a payment in the kind, comprising a move of the Company on related Financial of offers awarded or to feel given by the LiverCo or because of the DSRCo. Just how many LiverCo or DSRCo shares to-be moved often be comparable to (i) the relevant portion of the Modifiable Link Mortgage to reduced in form (inside dominating and desire), split from the (ii) the problem price of the brand new shares which are otherwise often be granted from the LiverCo otherwise DSRCo at celebration of potential Hive-Off Upcoming Money, without a savings off 25%.
Unless of course the new Convertible Connection Mortgage might have been converted otherwise paid back when you look at the type given that the latter, the new respective loans each and every Financial must be paid off for the money in matter-of standard otherwise through to request subject to previous see, given, however, that an installment consult may only exists into or once: (A) the newest later on out of (x) new time dropping one year following the date on what this new Hive-Off of your alfapump organization and you can DSR team as well as the Hive-Down Coming Expenditures have been complete; and you will (y) the new time dropping 2 years pursuing the day of Convertible Bridge Financing Agreement; otherwise (B) the brand new day dropping about three (3) months adopting the date about what the company therefore the Lenders manage dictate, inside good faith, that nothing of possible Hive-Downs is reasonably probably exists.
If there is transformation or payment from inside the form, the minimum add up to become converted for brand new offers or a great the latest convertible financing have a tendency to anyway become deemed are 10% of your own aggregate very first dominating amount of the brand new funds available with the relevant Bank (minus one compounded and you can accumulated focus which includes been paid, converted or paid-in kind into associated financial).