Closing Dates. The Closing of the purchase and sale of the Convertible Debenture shall take place at 10:00 a.m. Eastern Standard Time on August 17, 2010, subject to notification of satisfaction of the conditions to the Closing set forth herein and in Sections 6 and 7 below (or such later date as is mutually agreed to by the Company and the Buyer) (the “Closing Date”). The Closing shall occur on the respective Closing Dates at the offices of Yorkville Advisors, LLC, 000 Xxxxxx Xxxxxx, Suite 3700, Jersey City, New Jersey 07302 (or such other place as is mutually agreed to by the Company and the Buyer).
Closing Dates. Each Closing of the purchase of Convertible Debentures by the Buyer(s) shall occur at the offices of the Company. The date and time of each Closing shall be as follows: (i) the First Closing shall be 10:00 a.m., New York time, on the first Business Day on which the conditions to the Closing set forth in Sections 6 and 7 below are satisfied or waived (or such other date as is mutually agreed to by the Company and each Buyer) (the “First Closing Date”), and (ii) the Second Closing shall be 10:00 a.m., New York time, no later than 5 days after the Buyer(s) provide written notice to the Company of its election to purchase the remaining Convertible Debentures, provided the conditions to the Closing set forth in Sections 6 and 7 below are satisfied or waived (or such other date as is mutually agreed to by the Company and each Buyer) (the “Second Closing Date”) and collectively referred to as the “Closing Date”). As used herein “BusinessDay” means any day other than a Saturday, Sunday, or other day on which commercial banks in New York, New York are authorized or required by law to remain closed.
Closing Dates a. The Closing Date shall occur on the date which is the first NYSE trading day after each of the conditions contemplated by Sections 7 and 8 hereof shall have either been satisfied or been waived by the party in whose favor such conditions run.
Closing Dates. The First Closing of the purchase and sale of the Debentures shall be for Three Million and No/100 United States Dollars ($3,000,000), and shall take place on the Effective Date, subject to satisfaction of the conditions to the First Closing set forth in this Agreement (the “First Closing Date”). Additional Closings of the purchase and sale of the Debentures shall be at such times and for such amounts as determined in accordance with Section 4.4 below, subject to satisfaction of the conditions to the Additional Closings set forth in this Agreement (the “Additional Closing Dates”) (collectively referred to as the “Closing Dates”). The Closings shall occur on the respective Closing Dates through the use of overnight mails and subject to customary escrow instructions from Buyer and its counsel, or in such other manner as is mutually agreed to by the Company and the Buyer.
Closing Dates. Each Closing shall occur at the offices Yorkville Advisors Global, LP, 1000 Xxxxxxxxxxx Xxxxxx, Xxxxxxxxxxxx, XX 00000. The date and time of each Closing shall be as follows: (i) the First Closing shall be 10:00 a.m., New York time, on the first Business Day on which the conditions to the Closing set forth in Sections 6 and 7 below are satisfied or waived (or such other date as is mutually agreed to by the Company and each Buyer) (the “First Closing Date”), and (ii) the Second Closing shall be 10:00 a.m., New York time, within three (3) Business Days after the Registration Statement is first declared effective by the SEC, provided the conditions to the Closing set forth in Sections 6 and 7 below are satisfied or waived (or such other date as is mutually agreed to by the Company and each Buyer) (the “Second Closing Date” and collectively referred to as the “Closing Dates”). As used herein “Business Day” means any day other than a Saturday, Sunday or other day on which commercial banks in New York, New York are authorized or required by law to remain closed.
Closing Dates. The purchase and sale of the Convertible Debentures shall take place at 10:00 a.m. Eastern Standard Time on Closing Dates, subject to notification of satisfaction of the conditions to the Closing set forth herein and in Sections 7 and 8 below (or such later date as is mutually agreed to by the Company and the Investor.
Closing Dates. On the terms and subject to the conditions of this Agreement and the related PA Supplement, payment of the Pool Purchase Price for each Series shall be made by the Company on the related Closing Date in immediately available funds to the Seller to such accounts at such banks as the Seller shall designate to the Company not less than one Business Day prior to the such Closing Date.
Closing Dates. Subject to the satisfaction (or waiver) of the conditions thereto set forth in Section 1.2 and 1.3 below, the date and time of the issuance and sale of the Debentures and Warrants pursuant to this Agreement ( the "Closing Dates") shall be (i) in the case of the First Closing, 12:00 noon Eastern Standard Time on February 13, 1997 ("First Closing Date"), and (ii) in the case of the Second Closing, 12:00 noon Eastern Standard Time, three business days following notification of satisfaction (or waiver) of the condition to such Closing set forth in Section 1.3(b)(viii) below ("Second Closing Date") (subject, in each case, to a two (2) business day grace period at either party's option), or, in each case, at such mutually agreed upon time. Provided however, if pursuant to Section 6(e) of the Registration Rights Agreement, the Subscriber has the right (whether or not exercised) to have the Debentures issued at the First Closing redeemed by the Company, the Subscriber shall no longer be obligated to, but may at its option exercised in its sole discretion, purchase any part or all of the remainder of the aggregate principal amount of Debentures otherwise issuable at the Second Closing.__________
Closing Dates. (a) The Company will hold the closing of this Offering (the "FIRST CLOSING") at any time in its discretion on or before sixty (60) days after the Effective Date and upon receipt of at least $1,000,000 in shares subscribed in accordance with Section 3 above. Thereafter, the Offering will be sold until the Final Closing, which will occur on the earlier of sixty (60) days after the First Closing or the sale of the maximum placement, as described in the following paragraph (the "FINAL CLOSING"). The First Closing, Final Closing and any additional closing in connection with the Over-Allotment are each referred to as a "Closing."
Closing Dates. The “Initial Closing Date” shall be the date that the Initial Closing Purchase Price is transmitted by wire transfer or otherwise credited to or for the benefit of the Company. The consummation of the transactions contemplated herein shall take place at the offices of Grushko & Xxxxxxx, P.C., 000 Xxxxx Xxxxxx, Xxxxx 0000, Xxx Xxxx, Xxx Xxxx 00000, upon the satisfaction or waiver of all conditions to closing set forth in this Agreement. Not later than ten (10) calendar days after the Initial Closing Date, the Company will file a Form 10-SB or Form 8-K containing the consolidated financial statements of Attitude Drinks Inc., and its wholly owned subsidiary Attitude Drink Company, Inc., a Delaware corporation. Each of the Initial Closing Date and Second Closing Date (as defined in Section 1(c) below) is referred to herein as a “Closing Date.”