SEC Filings

10-K
AUDENTES THERAPEUTICS, INC. filed this Form 10-K on 03/13/2017
Entire Document
 

 

with such Permitted Investments; (ix) transfers contemplated by the license agreements disclosed in Schedule 1D; and (x) other Transfers of assets having a fair market value of not more than $750,000 in the aggregate in any fiscal year.

“Person” means any individual, sole proprietorship, partnership, joint venture, trust, unincorporated organization, association, corporation, limited liability company, institution, other entity or government.

“Preferred Stock” means at any given time any equity security issued by Borrower that has any rights, preferences or privileges senior to Borrower’s Common Stock.

“Prepayment Charge” shall have the meaning assigned to such term in Section 2.5.

“Qualified Subsidiary” means any direct or indirect Domestic Subsidiary or Eligible Foreign Subsidiary.

“Receivables” means (i) all of Borrower’s Accounts, Instruments, Documents, Chattel Paper, Supporting Obligations, letters of credit, proceeds of any letter of credit, and Letter of Credit Rights, and (ii) all customer lists, software, and business records related thereto.

“Required Lenders” means at any time, the holders of more than 50% of the aggregate unpaid principal amount of the Term Loans then outstanding.

“SBA” shall have the meaning assigned to such term in Section 7.16.

“SBIC” shall have the meaning assigned to such term in Section 7.16.

“SBIC Act” shall have the meaning assigned to such term in Section 7.16.

“SEC” means the Securities and Exchange Commission.

“Secured Obligations” means Borrower’s obligations under this Agreement and any Loan Document (other than the Warrant), including any obligation to pay any amount now owing or later arising.

“Significant Foreign Subsidiary” means (a) with respect to Foreign Subsidiaries other than Cayman Subsidiary, any Foreign Subsidiary that together with all Foreign Subsidiaries other than Cayman Subsidiary or any Foreign Subsidiary that has executed and delivered to Agent a Joinder Agreement or a Guaranty (i) maintains total assets in excess of $2,000,000 (with such amount increased to $3,000,000 from and after Borrower’s receipt of at least $50,000,000 of net proceeds from the sale or issuance of its equity securities in an equity financing) in the aggregate at any given time, (ii) generates or accounts for gross revenue in excess of $5,000,000 in the aggregate, or (iii) has liabilities in excess of $2,000,000 (with such amount increased to $3,000,000 from and after Borrower’s receipt of at least $50,000,000 of net proceeds from the sale or issuance of its equity securities in an equity financing) in the aggregate, and (b) Cayman Subsidiary from and after such date as Borrower’s Investments in and transfers to Cayman

9