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Contract analysis / post-closing-letter.docx
post-closing-letter.docx
1008-00001 · 6 clauses
High · 1 Medium · 1 Standard · 0
1. Introduction
1. Introduction We are pleased to confirm that the closing of the $30,000,000 Senior Secured Revolving Credit Facility (the "Credit Facility") occurred today, March 9, 2023 (the "Closing Date"), pursuant to the terms and conditions of that certain Senior Secured Revolving Credit Agreement, dated as of the date hereof (the "Credit Agreement"), executed among Lumos Analytics Inc., a Delaware corporation (the "Borrower"
2. Post-Closing Deliverables High
⚑ Non-compete / exclusivity restraint
2. Post-Closing Deliverables The following items remain outstanding as of the Closing Date and must be delivered to the Administrative Agent within the time periods specified below. Each item is described in detail, together with the applicable rationale, responsible parties, and deadline. Item 1: Deposit Account Control Agreements Description. Pursuant to Section 5.14(a) of the Credit Agreement and Section 4.2 of th
3. Summary Table of Deliverables and Deadlines
3. Summary Table of Deliverables and Deadlines For ease of reference, the following table summarizes each outstanding post-closing deliverable, together with the applicable deadline:
4. Consequences of Non-Delivery Medium
⚑ Forum / governing law
4. Consequences of Non-Delivery We wish to draw your particular attention to the consequences of failing to deliver any of the foregoing post-closing deliverables by the applicable deadline. Pursuant to Section 8.01(h) of the Credit Agreement, the failure by the Borrower to satisfy any post-closing obligation set forth in Section 5.14 of the Credit Agreement within the time period specified therein shall constitute a
5. Coordination and Assistance
5. Coordination and Assistance Calderwood & Harkness LLP remains fully available to assist the Borrower in the preparation, negotiation, and finalization of each of the post-closing deliverables described in this letter. Specifically, we intend to provide the following support: Deposit Account Control Agreements. Calderwood & Harkness LLP will prepare initial drafts of the DACAs based on the form of Deposit Account C
6. Contact Information
6. Contact Information Should you have any questions regarding this letter, the post-closing deliverables described herein, or any other matter arising under the Credit Agreement or the related Loan Documents, please do not hesitate to contact: Daniel Obi Lead Associate, Banking & Finance Calderwood & Harkness LLP 555 Mission Street, Suite 3100 San Francisco, California 94105 Telephone: (415) 392-7418 Email: dobi@cal