Investor Closing Deliveries. At each Draw Down Closing and the Contingency Tranche Closing: (a) subject to Section 9.2(a), the applicable Preferred B Investor will deliver, or cause to be delivered, to the Company the applicable Purchase Price in respect of the Preferred B Shares that such Preferred B Investor is purchasing at such Closing, in each case in immediately available funds, by wire transfer to an account designated in writing by the Company for such purpose at least one Business Day prior to such Closing; (b) subject to Section 9.2(a), the applicable Note Investor will deliver, or cause to be delivered, to the Company the applicable Loan Amount in respect of the Secured Notes that such Note Investor is purchasing at such Closing, in each case in immediately available funds, by wire transfer to an account designated in writing by the Company for such purpose at least one Business Day prior to such Closing. (c) each Preferred B Investor will deliver, or cause to be delivered to the Company a certificate of an officer of the Investor, dated the applicable Closing Date (the “Investor Certificate”), in the form attached hereto as Exhibit E.
Appears in 2 contracts
Sources: Securities Purchase Agreement, Securities Purchase Agreement