SUPPLEMENTAL SECURITIES. If the (i) Company shall have timely filed the Registration Statement in accordance with Article X, (ii) Registration Statement is declared effective on or before the Effectiveness Date, (iii) Company is otherwise in compliance with the covenants contained in this Agreement, the March Agreement, the August Agreement and the Registration Rights Agreement on the Effectiveness Date and (iv) representations and warranties set forth in this Agreement are true and correct on the Effectiveness Date, then, as of the Effectiveness Date, the Company shall have the obligation to sell to Buyer, and Buyer shall have the obligation to purchase from the Company, in a transaction exempt from the registration and prospectus delivery requirements of the Securities Act, the Supplemental Debenture and Supplemental Warrant for an aggregate purchase price (the "Supplemental Purchase Price") equal to Two Hundred Thousand Dollars ($200,000). On the Effectiveness Date, if true, the Company shall send a written notice (the "Notice") to Buyer certifying that the conditions set forth above in clauses (i) through (iv) of this Article XI have been satisfied and specifying the date (the "Supplemental Closing Date") on which the closing for the purchase and sale of the Supplemental Debenture and Supplemental Warrant shall occur, which date shall in no event be earlier than the tenth (10th) day after the delivery of the Notice to Buyer. On the Supplemental Closing Date, (i) Buyer shall, subject to its receipt of the documents contemplated by clauses (ii)(A) through (ii)(C) below of this Article XI, pay the Supplemental Purchase Price by wire transfer of immediately available funds to the Company's account set forth on Schedule I attached hereto and (ii) the Company shall deliver to Buyer (A) the Supplemental Debenture (which shall have been duly authorized, issued and executed I/N/O Buyer), (B) the Supplemental Warrant, which shall have been duly authorized and validly issued, and shall be fully paid and non-assessable and (C) a certificate executed by an executive officer of the Company stating that the representations and warranties set forth in this Agreement are true and correct on the Supplemental Closing Date. For purposes of this Agreement, the term "
SUPPLEMENTAL SECURITIES. To the extent that the Administrative Agent has not received on or before the Closing Date the Supplemental Securities together with such evidence and information (such as legal opinions) in relation to the execution of the Supplemental Securities as the Administrative Agent reasonably requires, Parent must ensure that the Supplemental Securities are executed by the relevant Group Security Provider and the evidence and information provided to the Administrative Agent, in form and substance satisfactory to the Administrative Agent (acting reasonably), as soon as reasonably practicable and in any event within 90 days of the Closing Date.
SUPPLEMENTAL SECURITIES. To the extent that the Facility Agent has not received on or before the first Drawdown Date the Supplemental Securities together with such evidence and information (such as legal opinions) in relation to the execution of the Supplemental Securities as the Facility Agent (acting on the instructions of the Majority of Subscribers) reasonably requires, the Parent must ensure that the Supplemental Securities are executed by the relevant Group Security Provider and the evidence and information provided to the Facility Agent, in form and substance satisfactory to the Facility Agent acting reasonably, as soon as reasonably practicable and in any event within 90 days of the first Drawdown Date.
