Examples of Additional Investment Closing in a sentence
Firstar is an intended third party beneficiary of this Consent No. 1 and, to the extent the Additional Investment Closing occurs, Firstar shall have the right to enforce the applicable provisions of this Consent No. 1.
Any references in this Consent No. 1 to actions occurring at the Additional Investment Closing shall be deemed to be when and if the Additional Investment Closing occurs.
The County Parties consent to the Additional Investment to be made by or on behalf of Firstar as a result of the Additional Investment Closing.
To the extent the Additional Investment transaction is closed (the “Additional Investment Closing”; the date of the Additional Investment Closing shall be the “Additional Investment Date”), Firstar shall become the investor member in the Investment Company and the Investment Company shall become the sole member of the Holding Company.
The Purchaser has received a certificate dated as of the Additional Investment Closing Date and signed by the Chief Executive Officer of the Company on behalf of the Company stating that the conditions specified in Sections 2.6 (a), (b), (e), (f) and (g) have been satisfied.
The Company has performed or complied with in all material respects all agreements and covenants required to be performed or complied with by it under this Agreement or any other Transaction Document, as amended, at or prior to the Additional Investment Closing.
The Purchaser has performed or complied with in all material respects all agreements and covenants required to be performed or complied with by it under this Agreement and each other Transaction Document at or prior to the Additional Investment Closing.
Since May 10, 2007, no event has occurred or is reasonably likely to occur that would reasonably be expected to have a Material Adverse Effect, other than as disclosed in the Disclosure Schedule where it is clear from a reading of the disclosure that such disclosure is applicable to this clause (g), or reflected in the Company’s filings with the SEC, or as disclosed in writing or electronically to the Purchaser or its representatives prior to the Additional Investment Closing Date.
The Purchasers shall not be obligated to purchase such securities, notwithstanding this Section 4.18, if a Material Adverse Effect has occurred during the period from the date hereof to the Additional Investment Closing Date.
The provisions for Closing prescribed in Schedule 2.3 apply to the Additional Investment Closing.