Third Completion Clause Samples
Third Completion. Subject to satisfaction (by the Investor) or waiver (in accordance with this Agreement by the Company) of the applicable Company Conditions Precedent set forth in Schedule 1B, on the Target Completion Dates for the third completion of the purchase, sale and issuance of Series H Preference Shares (the “Third Completion” and together with the Initial Completion and the Second Completion, the “Completions”), the Company shall sell and issue to the Investor Series H Preference Shares (the “Third Tranche Subscription Preference Shares”), to be delivered in three stages of (i) 32,452,255, which delivery occurred on July 15, 2020, (ii) 32,452,255 and (iii) 32,452,254, which delivery with respect to the immediately foregoing clauses (ii) and (iii) shall occur on the date specified in the following paragraph, and the Investor shall purchase and acquire the Third Tranche Subscription Preference Shares against payment to the Company of an amount (the “Third Tranche Purchase Price”), to be paid in three corresponding stages of (i) USD200,000,002.34, which payment occurred on July 15, 2020, (ii) USD200,000,002.34 and (iii) USD199,999,996.18, respectively, which payment with respect to the immediately foregoing clauses (ii) and (iii) shall occur on the date specified in the following paragraph. The first stage of the Third Completion occurred on July 15, 2020. Each of the second and third stage of the Third Completion shall occur on the later of (i) the applicable Target Completion Date for such stage and (ii) the second Business Day after the date on which the last Company Condition Precedent set forth in Schedule 1B is satisfied (by the Investor) or waived (in accordance with this Agreement by the Company) (other than any such condition that by its terms is required to be satisfied or waived at such stage of the Third Completion, but subject to the satisfaction or waiver thereof); provided, however, that if (i) the Company does not obtain the Shareholders’ Approval at the Company Shareholders’ Meeting, (ii) on the applicable Target Completion Date for such stage not all Company Conditions Precedent set forth in Schedule 1B are satisfied by the Investor (other than any such condition that by its terms is required to be satisfied at such stage of the Third Completion, but subject to the satisfaction thereof), or (iii) the Investor does not fund in full any portion of the Third Tranche Purchase Price within five Business Days of the date when such portion falls due under...
Third Completion. Subject to satisfaction or waiver (in accordance with this Agreement by the party entitled to the benefit of the applicable condition) of the applicable conditions set forth in Schedule 1A(iii) and Schedule 1B, at the third completion of the purchase, sale and issuance of Series H Preference Shares (the “Third Completion” and together with the Initial Completion and the Second Completion, the “Completions”), the Company will sell and issue to the Investor 97,356,764 Series H Preference Shares (the “Third Tranche Subscription Preference Shares”), and the Investor will purchase and acquire the Third Tranche Subscription Preference Shares against payment to the Company of USD600,000,000.86 in the aggregate (the “Third Tranche Purchase Price”). The Third Completion shall take place on the second Business Day after the date on which the last applicable condition set forth in each of Schedule 1A(iii) and Schedule 1B is satisfied or waived (other than any such condition that by its terms is required to be satisfied or waived at the Third Completion, but subject to the satisfaction or waiver thereof) or such other date as the Company and the Investor may mutually agree.
Third Completion. 2.3.1 The Third Completion shall take place on the [fifth] Business Day after all conditions precedent set forth in Clause 2.3.2 hereof applicable to the Third Completion (except for such closing conditions that will be fulfilled at the Third Completion, but nonetheless subject to the satisfaction or waiver thereof at the Third Completion) have been fulfilled or waived (or such other time and place as the Purchaser agrees) (the “Third Completion”, and the date of the Third Completion, the “Third Completion Date”).