Consummation of Private Placement. Consummation of the Merger shall occur simultaneously with the closing of the Private Placement.
Consummation of Private Placement. The Private Placement has been consummated and has resulted in net proceeds to Acquiror of at least $535,000,000.
Consummation of Private Placement. The definitive documentation with respect to the Private Placement and the financing contemplated thereby shall have been finalized for execution by the parties thereto immediately following consummation of the Share Exchange.
Consummation of Private Placement. Concurrently with or immediately prior to the Closing hereunder, the Private Placement and the financing contemplated thereby and by the Securities Purchase Agreement shall have closed.
Consummation of Private Placement. Consummation of the Exchange shall occur simultaneously with the closing of the Private Placement.
Consummation of Private Placement. Acquiror shall have arranged a --------------------------------- private placement of shares of Omega Common Stock to a limited number of accredited investors pursuant to which Acquiror will raise a minimum of U.S.$3,000,000 for a maximum of 1,000,000 shares of Omega Common Stock (which shares shall represent not more than 10% of the total shares of Omega Common Stock outstanding after taking into account the shares of Omega Common Stock outstanding (i) prior to Closing, plus (ii) after taking into account the shares to be issued upon Closing pursuant to this Agreement). Such private placement shall be consummated either prior to Closing or contemporaneously with the Closing of the transactions contemplated hereby.
Consummation of Private Placement. ELC shall have successfully completed a private placement of its debt or equity securities and received not less than $2,500,000 of the net proceeds therefrom.
Consummation of Private Placement. Consummation of the Merger shall occur simultaneously with the closing of the Private Placement, including the conversion of certain “bridge” convertible promissory notes in the approximate outstanding amount (including principal and accrued interest) of $250,000, into shares of Parent Series A Preferred Stock in the Private Placement.
Consummation of Private Placement. The Administrative Agent shall be satisfied that (i) the Borrower shall have received gross proceeds of at least $50 million from the issuance by the Borrower of Senior Notes under the 2003 Note Purchase Agreement on terms that are satisfactory to the Administrative Agent and (ii) the Consolidated Parties shall have no Indebtedness except for Indebtedness permitted under Section 8.03. The Administrative Agent shall have received a copy, certified by a Responsible Officer of the Borrower as true and complete, of the Senior Note Agreements (an any amendments thereto) as originally executed and delivered, together with all exhibits and schedules thereto. The obligations owing under the Existing Credit Agreement shall have been paid in full and the commitments thereunder terminated.
Consummation of Private Placement. Hercules shall have consummated the Private Placement.
