Common use of Second Closing Date Clause in Contracts

Second Closing Date. The closing of the purchase and sale of the Company's capital stock pursuant to Section 1.3 above (the "Second Closing") shall take place at the Company's option and at any time subsequent to the Pricing Date but not later than the second year anniversary of the date of this Agreement. The Company shall give at least ten (10) business days prior written notice of the Second Closing to the Investor, in a manner provided for in Section 10.10, including the date, time and location of the Second Closing. At the Second Closing, the Company shall cause to be issued to the Investor a stock certificate, in the name of the Investor, representing shares of the Company's Series E-2 Preferred or Common Stock, whichever is applicable, dated as of the Second Closing, being purchased against payment of the purchase price therefor by check or by wire transfer to the Company's bank account, unless the