The Subsequent Closings Sample Clauses
The Subsequent Closings. Each of the subsequent closings ------------------------ hereunder (the "Subsequent Closings") shall, subject to the terms and conditions ------------------- set forth below, occur (i) if the Specified Contribution of each Investor at such Subsequent Closing, together with the Initial Contribution and the aggregate Specified Contributions of each such Investor at all prior Subsequent Closings, will not exceed 80/258 times the maximum commitment set forth opposite ----- each such Investor's name on the Schedule of Investors (each such Investor's "Maximum Commitment"), at a time and place determined by the Company's president ------------------ and set forth in a written notice given to each Investor at least 10 days (or, if BV does not have immediately available funds sufficient to satisfy its obligation at such Subsequent Closing, 15 days) prior to the applicable Subsequent Closing, or (ii) otherwise, at a time and place determined by the Company's board of directors (the "Board") and set forth in a written notice ----- sent to each Investor at least 30 days prior to the applicable Subsequent Closing. Such notice shall set forth the aggregate amount to be contributed by the Investors at such Subsequent Closing and the pro rata portion thereof (based on the Investors' respective Initial Contributions) to be contributed by each Investor (each Investor's "Specified Contribution" for such Subsequent Closing); ---------------------- provided that the aggregate amount of each Investors' Specified Contribution at -------- any Subsequent Closing shall not, together with the Initial Contribution and the aggregate Specified Contributions of each such Investor at all prior Subsequent Closings, exceed each such Investor's Maximum Commitment. At each Subsequent Closing, each Investor shall deliver to the Company either of the following:
(i) in the case of an Institutional Investor, Cash in the aggregate amount of such Institutional Investor's Specified Contribution for such Subsequent Closing, or
(ii) in the case of an Executive Investor, Cash or, at the election of such Executive Investor, Cash and a ninety-day Note, in an aggregate amount equal to such Executive Investor's Specified Contribution for such Subsequent Closing.
The Subsequent Closings. The closing(s) of the purchase and sale of any additional Series G Preferred Shares pursuant to Section 2.04 (each, a "Subsequent Closing") shall take place at the offices of Kelley Dye & Warren LLP, at 10:00 a.m. local time on the date(▇) ▇▇▇▇▇▇ to ▇▇ ▇▇e Issuer and applicable Subsequent Purchaser(s) (the "Subsequent Closing Date"). At each Subsequent Closing, the Issuer shall deliver to such Subsequent Purchaser a stock certificate evidencing the Series G Preferred Shares to be purchased by such Subsequent Purchaser at the Subsequent Closing, registered in such Subsequent Purchaser's name, upon payment of the applicable purchase price thereof by wire transfer of immediately available funds to the Issuer's account.
The Subsequent Closings. For a period of 30 calendar days after the Acceptance Date, any Selling Shareholder who did not participate in the Initial Closing may participate in the Exchange by delivering to Holdings an executed copy of this Agreement and the applicable Signing Deliveries required in Section 2(a) above. On or before the fifth Business Day after such Selling Shareholder has made such deliveries to Holdings (a “Subsequent Closing Date”), Holdings shall consummate the Exchange and deliver to such Selling Shareholder cash in the amounts and manner provided in Section 2(b)(ii) above (a “Subsequent Closing”). The Initial Closing and each Subsequent Closing shall be referred to herein as a “Closing” and collectively as the “Closings”, and the Initial Closing Date and Subsequent Closing Dates shall be referred to herein collectively as the “Closing Date”.
The Subsequent Closings. The closing(s) of the purchase and sale of any additional Series G Preferred Shares pursuant to Section 2.04 (each, a "Subsequent Closing") shall take place at the offices of Kelley Dye & Warren LLP, at 10:00 a.m. local time on the date(▇) ▇▇▇▇▇▇ to ▇▇ ▇▇e Issuer and applicable Subsequent Purchaser(s) (the "Subsequent Closing Date"). At each Subsequent Closing, the Issuer shall deliver to such Subsequent Purchaser a stock certificate evidencing the Series G Preferred Shares to be purchased by such Subsequent Purchaser at the Subsequent Closing, registered in such Subsequent Purchaser's name, upon payment of the applicable purchase price thereof by wire transfer of immediately available funds to the Issuer's account.