First and Second Closings. The Parties will consummate the transaction contemplated by the Purchase Agreement ("CLOSE") in two stages:
First and Second Closings. The First and Second Closings shall have occurred;
First and Second Closings. (i) The purchase and sale of the 2,384,000 Preferred Shares, with an aggregate face amount of $14,900,000, and a proportionate number of the Warrants shall be at 12:00 noon Eastern Standard Time on the fifteenth day following the mailing by the Company of the requisite notice to Nasdaq National Market ("Nasdaq") regarding the issuance of the Preferred Shares and the Warrants or, if such day is not a business day, the next succeeding business day (the "First Closing") at the offices of Greenberg Traurig, LLP 200 Park Avenue, New Yxxx, Xxx York 10166, or xx xxxx xxxxx xxxxxxxx xx xxx xx xxxxxx to by the parties.
First and Second Closings. The purchase and sale of the First Note shall take place at the Company's offices, not later than 3:00 p.m. Arizona Time on or before Thursday, October 23, 2003 (the "FIRST CLOSING"). At the First Closing, the Company shall deliver to BCC the First Note against payment of the purchase price therefor by wire transfer. The purchase and sale of the Second Note shall take place at the Company's offices, at not later than 10:00 a.m. Arizona Time on or before November 4, 2003 (the "SECOND CLOSING"). At the Second Closing, the Company shall deliver to BCC the Second Note against payment of the purchase price therefor by wire transfer.
First and Second Closings. (a) First Closing. Subject to the terms and conditions hereof, on ------------- September 30, 1997, the Purchaser will purchase and acquire from the Company, and the Company will sell, convey, assign, transfer and deliver to the Purchaser, such number of shares of Class ABI Preferred Stock, up to 15,000, as may be issued by the Company without resulting in the Purchaser having more than 19.9% of the outstanding voting power of the Company's capital stock and 375,000 Warrants, and the Purchaser will pay to the Company the Purchase Price for such shares of Preferred Stock (the "First Closing"). -------------
First and Second Closings. 13 ------------------------- Section 3.3. Subsequent Purchases and Sales. 14 ------------------------------ Section 3.4. Deliveries by the Company at Closing. 14 ------------------------------------ Section 3.5. Deliveries by the Purchaser at Closing. 15 -------------------------------------- Section 3.6.
First and Second Closings. (a) First Closing. On September 30, 1997, on terms substantially ------------- similar to those set forth herein, the Purchaser purchased and acquired from the Company, and the Company sold, conveyed, assigned, transferred and delivered to the Purchaser, 11,700 shares of Class AA Preferred Stock and 375,000 Warrants, and the Purchaser paid to the Company the Purchase Price for such shares of Class AA Preferred Stock (the "First Closing"). -------------
First and Second Closings. The closing of the sale and purchase of the October Shares ("First Closing") shall take place simultaneously with the execution and delivery of this Agreement, at such place and date as are mutually agreed upon by the Company and CellStar ( "First Closing Date"). The closing of the sale and purchase of the December Shares ("Second Closing") shall occur at such place and date on or before December 31, 1997 as are mutually agreed upon by the Company and CellStar ("Second Closing Date").
First and Second Closings. (a) The purchase and sale of the Series A Preferred Stock to the Investors listed under the heading "
First and Second Closings
