Second Closing Date. The obligation of each Buyer hereunder to purchase the Second Notes at the Second Closing is subject to the satisfaction, at or before the Second Closing Date, of each of the following conditions, provided that these conditions are for each Buyer's sole benefit and may be waived by such Buyer at any time in its sole discretion by providing the Company with prior written notice thereof:
Second Closing Date. Subject to the satisfaction or waiver of all the conditions to the Second Closing set forth in Sections 9, 10 and 11 hereof, the closing of the purchase and sale of the Second Tranche Shares hereunder (the “Second Closing”) shall be held virtually by telephonic meeting on the 5th Business Day after the satisfaction of the conditions to Second Closing set forth in Sections 9, 10 and 11 (other than those conditions that by their nature are to be satisfied at the Second Closing), at 7:00 a.m., Pacific Time, at the offices of Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxxxx, Menlo Park, California 94025, or at such other time, date and location as the parties may agree. The date the Second Closing occurs is hereinafter referred to as the “Second Closing Date.”
Second Closing Date. The closing of the purchase and sale of the ------------------- Series C Preferred and Series C Warrants hereunder to Warburg and Crosspoint and the closing of the sale of the Series C Warrants to Intel (the "SECOND CLOSING") shall be held at 1:00 p.m., California Time, on the fifteenth (15th) day after delivery of the Exercise Notice (or if such date is not a business day then on the next business day thereafter) or on such later date as the Company and the Purchasers may mutually agree to, but in any event no later than the Final Closing Date (the date of such Closing being referred to as the "SECOND CLOSING DATE"). The place of the Second Closing (including the place of delivery to Warburg and Crosspoint by the Company of the certificates evidencing all shares of Series C Preferred and Series C Warrants being purchased by them and the place of payment to the Company by Warburg and Crosspoint of the purchase price therefor and the place of delivery to Intel by the Company of the Series C Warrants being purchased by Intel) shall be the offices of Xxxxxx Xxxxxxx Xxxxxxxx & Xxxxxx, 000 Xxxx Xxxx Xxxx, Xxxx Xxxx, Xxxxxxxxxx 00000-0000, or such other place as such Purchasers and the Company may mutually agree.
Second Closing Date. The Transferee shall pay the Second Installment of the Purchase Price pursuant to Section 3.2.2 and Section 3.3 hereof to the Transferors (the “Second Closing”). The day of payment of the Second Installment of Purchase Price shall be the second closing date (the “Second Closing Date”).
Second Closing Date. The Closing of the purchase and sale of the Second Convertible Debenture shall take place at 10:00 a.m. Eastern Standard Time on the 1st business day following the date of notification of satisfaction of the conditions to the Second Closing set forth herein and in Sections 8(b) and 9(b) below (or such later date as is mutually agreed to by the Company and the Investor (the “Second Closing Date”).
Second Closing Date. The date and time of the Second Closing (the “Second Closing Date”, and together with the First Closing Date, each a “Closing Date”) shall be 10:00 a.m., New York City time, on the first (1st) Business Day following the date of effectiveness of the Form S-4 (as defined in the Primary Financing SPA) in accordance with the provisions of the 1933 Act (or such other date and time as is mutually agreed to by the Company and each Buyer) after notification of satisfaction (or waiver) of the conditions to the Second Closing set forth in Sections 6 and 7 below, at the offices of Xxxxxxx Xxxx & Xxxxx LLP, 000 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000. The location of the Second Closing may be undertaken remotely by electronic transfer of Second Closing documentation upon mutual agreement among the Company and the Buyers.
Second Closing Date. The closing of the issuance of the Second Issuance Shares or the redemption of the Initial Issuance Shares pursuant to Section 2.1(b) (the "Second Closing") shall be held at 4:00 p.m. Pacific Standard time on that date which is twelve (12) calendar months after the Initial Closing Date (the "Second Closing Date") and which is following the satisfaction or waiver of the conditions set forth in Sections 6.3 and 6.4, or at such other time or date as the Company and SB may agree in writing.
Second Closing Date. On such date as the parties may mutually agree in writing, which date shall in no event be later than January 31, 1997 except as mutually agreed in writing by the parties, (the "Second Closing Date"), Seller shall sell, transfer, assign, grant, convey and deliver to Buyer, free and clear of all Claims, whether tangible, intangible, personal or mixed, the following assets: