First Additional Closing Mechanics Sample Clauses

First Additional Closing Mechanics. Subject to the satisfaction (or, where legally permissible, the waiver) of the conditions set forth in this Section 1.5(b)(ii) and Section 5.2 below, the Company shall have the right to require the Investor to purchase the First Additional Note on the First Additional Closing Date by delivering to the Investor at least two Business Days prior to the First Additional Closing Date, by facsimile and overnight courier at its address set forth in Section 8.4 hereof, an irrevocable written notice that the Company has exercised its right to require the Investor to purchase the First Additional Note (the “First Additional Closing Notice,” and such date, the “First Additional Closing Notice Date”). For the avoidance of doubt, the Company shall not be entitled to effect the First Additional Closing if there shall exist an Additional Note Conditions Failure (as defined below).