First Condition Shares Sample Clauses

First Condition Shares. This Warrant shall become exercisable for Fifty Thousand (50,000) shares (the "FIRST CONDITION SHARES") of Warrant Stock (subject to any and all adjustments as provided herein, including without limitation any adjustments in connection with events occurring prior to the date on which this Warrant first becomes exercisable for the First Condition Shares) on and as of 5:00 PM, Eastern time, on August 31, 2000, if the Borrower (as defined in that certain Loan Agreement dated as of March 31, 2000 by and among Fleet, the Company and the other parties named therein, as modified by that certain Modification Agreement of even date herewith (the "LOAN AGREEMENT")) on or before such date shall not have repaid in full all principal advances by Fleet under the Loan Agreement and otherwise fully and timely performed all of its obligations (including without limitation payment of all accrued interest, late payment fees and other charges) thereunder; provided, that notwithstanding that the Borrower shall not have repaid in full all principal advances by Fleet under the Loan Agreement and otherwise fully and timely performed all of its obligations (including without limitation payment of all accrued interest, late payment fees and other charges) thereunder on or before August 31, 2000, this Warrant shall not become exercisable for the First Condition Shares until September 30, 2000 if (i) on or before August 31, 2000 the Company shall have delivered to Fleet an executed commitment letter from one or more third party financial institutions acceptable to Fleet in its sole discretion providing for the refinancing by such institution(s) of all outstanding principal, accrued interest and other charges then outstanding under the Loan Agreement, where the closing of such refinancing is stated therein to occur no later than September 30, 2000 and such closing is subject only to execution of a definitive agreement with respect thereto and to no other contingencies or conditions precedent, and (ii) (a) the closing of such refinancing does not occur, for any reason or no reason, on or before September 30, 2000, or (b) the Borrower otherwise, on or before September 30, 2000, have repaid in full all principal advances by Fleet under the Loan Agreement and otherwise fully and timely performed all of its obligations (including without limitation payment of all accrued interest, late payment fees and other charges) thereunder.
Sample 1
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Related to First Condition Shares

  • Consideration Shares All Consideration Shares will, when issued in accordance with the terms of the Arrangement, be duly authorized, validly issued, fully paid and non-assessable Purchaser Shares.

  • Acquisition Shares The Acquisition Shares when delivered to the Vendor shall be validly issued and outstanding as fully paid and non-assessable shares, subject to the provisions of this Agreement, and the Acquisition Shares shall be transferable upon the books of the Purchaser, in all cases subject to the provisions and restrictions of all applicable securities laws. Non-Merger and Survival

  • CONDITIONS TO THE INVESTOR’S OBLIGATION TO PURCHASE SHARES OF COMMON STOCK The obligation of the Investor to buy Purchase Shares under this Agreement is subject to the satisfaction of each of the following conditions on or prior to the Commencement Date and, once such conditions have been initially satisfied, there shall not be any ongoing obligation to satisfy such conditions after the Commencement has occurred:

  • CONDITIONS TO INVESTOR’S OBLIGATION TO PURCHASE SHARES Notwithstanding anything to the contrary in this Agreement, the Company shall not be entitled to deliver a Put Notice and the Investor shall not be obligated to purchase any Shares at a Closing unless each of the following conditions are satisfied:

  • FPS Closing Conditions (a) The obligation of the Purchaser to purchase the Forward Purchase Securities at the FPS Closing under this Agreement shall be subject to the fulfillment, at or prior to the FPS Closing of each of the following conditions, any of which, to the extent permitted by applicable laws, may be waived by the Purchaser:

  • Post-Closing Conditions On or before each of the dates specified in this Section 4.3, Borrower shall satisfy each of the items specified in the subsections below:

  • Conditions to Purchase of Option Shares In the event that the Underwriters exercise their option provided in Section 3(b) hereof to purchase all or any portion of the Option Shares, the representations and warranties of the Company contained herein and the statements in any certificates furnished by the Company hereunder shall be true and correct as of each Date of Delivery and, at the relevant Date of Delivery, the Representative shall have received:

  • Xxxxx of Option; Conditions Tenant shall have the right to extend the Term (the “Renewal Option”) for one additional period of 5 years commencing on the day following the Termination Date of the initial Term and ending on the 5th anniversary of the Termination Date (the “Renewal Term”), if:

  • Purchased Shares Subject to the terms and conditions provided below, Seller shall sell and transfer to Buyers and Buyers shall purchase from Seller, on the Closing Date (as defined in Section 1(c)), all of the Shares.

  • Forward Closing Conditions (a) The obligation of the Purchaser to purchase the Forward Purchase Securities at the Forward Closing under this Agreement shall be subject to the fulfillment, at or prior to the Forward Closing of each of the following conditions, any of which, to the extent permitted by applicable laws, may be waived by the Purchaser:

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