On top of that, susceptible to particular requirements, in case there is a beneficial Hive-Down of one’s alfapump otherwise DSR team toward respectively LiverCo otherwise DSRCo if in case the company received a prospective security capital or a convertible or exchangeable loans funding towards LiverCo otherwise DSRCo getting some at the least EUR 15 million and you can EUR seven.5 mil correspondingly (an excellent “Hive-Off Coming Capital”), for every Bank get the possibility to possess its loan paid off (in whole or even in part) in the shape of a repayment during the form, consisting of a move of the Team towards the relevant Financial out-of shares awarded or even to getting issued because of the LiverCo otherwise by DSRCo. The amount of LiverCo or DSRCo offers getting directed tend to getting equivalent to (i) the appropriate portion of the Modifiable Link Financing so you’re able to paid inside kind (inside the prominent and you can desire), split up by (ii) the difficulty cost of the fresh shares that are otherwise have a tendency to end up being issued because of the LiverCo or DSRCo within event of one’s potential Hive-Off Upcoming Financial support, minus a discount off twenty five%.
Unless of course the newest Convertible Link Loan could have been converted otherwise paid down inside type due to the fact the second, brand new particular funds of each Bank will need to be paid down in money in question of default otherwise up on demand subject to past notice, offered, but not, you to a fees request may only exist on the otherwise just after: (A) the latest later away from (x) new date dropping one year following the go out on what the newest Hive-Down of the alfapump team and you may DSR team while the Hive-Off Coming Investments have been finished; and you can (y) this new go out losing a couple of years adopting the big date of the Modifiable Connection Mortgage Contract; or (B) the latest date shedding three (3) days after the go out on which the business in addition to Lenders manage determine, in the good-faith, one to not one of one’s prospective Hive-Lows is fairly probably occur.
In case of transformation otherwise fees inside the type, the minimum total be converted for new shares or good the newest modifiable financing tend to anyway feel considered getting 10% of your aggregate first principal level of brand new loans provided by the appropriate Financial (minus any compounded and accumulated desire with been paid, converted otherwise paid in type to the relevant bank).