Additional Closing Deadline definition
Examples of Additional Closing Deadline in a sentence
Notwithstanding anything herein to the contrary, Purchasers purchasing Series C Preferred Stock through the Additional Closing Deadline may be added as a "Purchaser" for the purposes of the Amended Rights Agreement without the consent of any Founders, Purchasers (as defined in the Amended Rights Agreement) or prior Purchasers of Series C Preferred Stock.
In executing this Amendment, Purchasers (as defined in the Amended Rights Agreement) representing at least two-thirds (2/3's) of the aggregate Shares and Conversion Stock hereby waive, on behalf of all such Purchasers, all rights of first offer under Section 2 of the Rights Agreement with respect to the Company's offer, sale and issuance of Series C Preferred Stock pursuant to the Series C Purchase Agreement through the Additional Closing Deadline.
Notwithstanding anything herein to the contrary, Purchasers purchasing Series C Preferred Stock through the Additional Closing Deadline may be added as a "Purchaser" for the purposes of the Amended Co-Sale Agreement without the consent of any Founder, Purchasers (as defined in the Amended Co-Sale Agreement) or prior Purchasers of Series C Preferred Stock.
In the event the full amount of Additional Closing Purchase Securities have not been sold and purchased prior to the date that is fifteen (15) Business Days prior to the Additional Closing Deadline, then a final Additional Closing Notice shall be deemed to be delivered on such date providing for a final Additional Closing on the Additional Closing Deadline of the full amount of Additional Closing Purchase Securities remaining, subject to the conditions set forth herein.
Notwithstanding the Company’s right to determine the time, place and date of each Additional Closing (subject to the conditions set forth herein), the full amount of Additional Closing Purchase Securities shall be sold and purchased prior to the Additional Closing Deadline and the Parties shall take commercially reasonable efforts to ensure that all covenants and conditions thereto are timely satisfied.
The date and time of each Additional Closing (each, an "Additional Closing Date") shall be 10:00 a.m., New York City time, on each Additional Closing Deadline for which an Additional Closing Exercise Notice has been delivered by a New Buyer (or such later date as is mutually agreed to by the Company and the applicable New Buyers) after notification of satisfaction (or waiver) of the conditions to the applicable Additional Closing set forth in Section 6(b) and 7(b) below.