Timing of Notices of Acquisition Sample Clauses

Timing of Notices of Acquisition. No later than five (5) Agent Business Days (or such shorter period as the Administrative Agent may agree in its sole discretion) before the date on which the Company proposes that a binding commitment to acquire any Portfolio Investment (other than an Initial Portfolio Investment) be made by it or for its account (a “Purchase Commitment”), the Portfolio Manager, on behalf of the Company, shall deliver to the Administrative Agent a notice of acquisition (a “Notice of Acquisition”).
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Timing of Notices of Acquisition. No later than five (5) Agent Business Days (or such shorter period as the Administrative Agent may agree in its sole discretion) before the date on which the Company proposes that a binding commitment to (i) acquire any Portfolio Investment (other than an Initial Portfolio Investment) be made by it or for its account or (ii) originate any Portfolio Investment for its account (a “Purchase Commitment”), the Portfolio Manager, on behalf of the Company, shall deliver to the Administrative Agent (with a copy to the Collateral Agent) a notice of acquisition (a “Notice of Acquisition”); it being understood and agreed, that any delivery of a Notice of Acquisition by the Portfolio Manager to the Administrative Agent on behalf of the Company shall be deemed to be a certification by the Company of the contents thereof.
Timing of Notices of Acquisition. No later than five (5) Agent Business Days (or such shorter period as the Administrative Agent may agree in its sole discretion) before the date on which the Company proposes that a binding commitment to acquire any Portfolio Investment be made by it or for its account (a “Purchase Commitment”) or that a Substitution occur, the Portfolio Manager, on behalf of the Company, shall deliver to the Administrative Agent a notice (a “Notice of Acquisition”) of such Purchase or Substitution. “Agent Business Day” means any day on which commercial banks and foreign exchange markets settle payments in each of New York City and the city in which the corporate trust office of the Collateral Agent is located (which shall initially be New York City). Notwithstanding the foregoing, the Portfolio Manager, on behalf of the Company, may not deliver a Notice of Acquisition in respect of any Purchase or Substitution from the Seller pursuant to the Sale Agreement, or propose a contribution in connection with a Market Value Cure, on any date that is more than 60 days after the Original Closing Date if on such date (i) there are outstanding Purchase Commitments which have traded but not settled equal to or greater than 20% (or such greater percentage as the Administrative Agent may agree in its sole discretion) of the Net Asset Value and (ii) the Compliance Condition is not satisfied.
Timing of Notices of Acquisition. No later than five (5) Agent Business Days (or such shorter period as the Administrative Agent may agree in its sole discretion) before the date on which the Company proposes that a binding commitment to acquire any Portfolio Investment (other than an Initial Portfolio Investment, except as set forth in Section 1.03(b)(1) below) be made by it or for its account (a “Purchase Commitment”), the Portfolio Manager, on behalf of the Company, shall deliver to the Administrative Agent a notice of acquisition (a “Notice of Acquisition”). No Notice of Acquisition shall be required to be delivered in respect of any Initial Portfolio Investment except as set forth in Section 1.03(b)(1) below, and the execution of the applicable Sale Agreement shall constitute the “Purchase Commitment” in respect thereof.

Related to Timing of Notices of Acquisition

  • Transmittal of Notices All notices, requests, consents and other communications under this Purchase Option shall be in writing and shall be deemed to have been duly made when hand delivered, or mailed by express mail or private courier service: (i) if to the registered Holder of the Purchase Option, to the address of such Holder as shown on the books of the Company, or (ii) if to the Company, to following address or to such other address as the Company may designate by notice to the Holders: If to the Holder: Aegis Capital Corp. 800 Xxxxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attn: Mx. Xxxxx Xxxxxx, Managing Director of Investment Banking Fax No.: (000) 000-0000 With a copy (which shall not constitute notice) to: Gxxxxxx Savage LLP 600 Xxxxxxxxx Xxxxxx, 0xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attn: Dxxxx Xxxxxxxxx, Esq. Fax No: (000) 000-0000 If to the Company: CNS Response, Inc. 85 Enterprise, Suite 410 Aliso Viejo, CA 9265 Attention: Chief Executive Officer and Chief Financial Officer Fax No: (000) 000-0000 With a copy (which shall not constitute notice) to: SNR Dxxxxx, LLP, Two World Fxxxxxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attn: Jxxxxxx Xxxxxx, Esq. Fax No: (000) 000-0000

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