Examples of 2nd Closing in a sentence
With respect to the 2nd Closing, the Company shall have provided to the Investor a beta version of the Javalan product, and the Investor shall have completed beta testing of such product and shall, in its sole discretion, be satisfied with the results thereof.
With respect to the 2nd Closing only, the Company shall have obtained Shareholder Approval and the Amendment of Restated Articles shall have been filed with the Secretary of State of the State of Minnesota.
Without derogating from the above, it is herby agreed that a non-participation by a Lender in the 2nd Closing shall not be deemed a breach of this Agreement.
With respect to the 2nd Closing, the holders of the Company's Common Stock and Series A Preferred Stock shall have approved the amendment of the Company's Restated Articles of Incorporation and the issuance of the Shares in excess of 982,463 shares (19.9%) to the Investor, and the Company shall have delivered satisfactory evidence thereof ("Shareholder Approval").
Interest on the unpaid Loan Principal Amount shall accrue with respect to each installment payment from the date of the actual payment of such respective installment to the Company (including the 1st Closing, the 2nd Closing or any other date of actual payment), at a rate equals to LIBOR for one year plus 2.3% per annum, compounded annually (and prorated with respect to any portion thereof), until the entire Loan Amount is paid in full (the “Interest”).
From the date hereof to the earlier of December 31, 2000 or the 2nd Closing, the Investor may, through its employees, agents and representatives, make or cause to be made such investigation of the Company as the Investor deems necessary or advisable and shall have full access to the auditors and attorneys of the Company.
All such qualifications and filings will, in the case of qualifications, be effective on the date of the 1st Closing or the 2nd Closing and will, in the case of filings, be made within the time prescribed by law.
With respect to the 2nd Closing and the exercise of the Note Option, any filings necessary under the Xxxx-Xxxxx-Xxxxxx Antitrust Improvements Act of 1976, as amended (the "HSR Act") shall have been made and any waiting periods shall have expired or been terminated by the Federal Trade Commission.
In the alternative, to the extent necessary to ensure such meeting occurs as promptly as practicable following the 2nd Closing, if reasonably feasible to do so, such meeting shall be called for the purpose of full re-election of all directors of the Board and the supervisors.
The closings of the purchase and sale of the Purchased Shares (the "Closings") shall occur on August 31, 0000 ("xxx 0xx Xxxxxxx"), as to the purchase of six hundred thirty thousand (630,000) Purchased Shares and following Shareholder Approval and approval of Deere and Company but before December 31, 2000 (the 2nd Closing"), for the remaining Purchased Shares.