Examples of Additional Investment Closing Date in a sentence
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.
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.
Any such Additional Investment Closing Date shall only occur upon 20 Trading Days of notice to the Purchasers by the Company that the conditions set forth in this Section 4.18(a) - (c) validly exist.
The Company shall use its best efforts to cause each Subsequent Issuance Registration Statement to be declared effective as soon as practicable, but not later than sixty (60) days after and excluding the relevant Additional Investment Closing Date (or, if the SEC elects to review such Subsequent Issuance Registration Statement, ninety (90) days after and excluding the relevant Additional Investment Closing Date).
The closing of each exercise shall take place (i) on the third (3rd) Business Day after and including the date of the Additional Investment Notice or (ii) any other date upon which the exercising Holder and the Issuer mutually agree (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.
From and after the Additional Investment Closing Date, all references in the Purchase Agreement and each of the other Transaction Documents to any of the Investment Agreements, shall be deemed to be references to the Purchase Agreement, the Company Security Pledge Agreement, the Subsidiary Security and Pledge Agreement and the Registration Rights Agreement, as the case may be, as amended, modified and/or restated hereby.
This Agreement may be terminated by any Purchaser, by written notice to the other parties, if the Closing has not been consummated on or before July 31, 2004; ---------------------------------- 1 The lesser of (a) 70% of the average of the 5 consecutive VWAPs immediately prior to the Additional Investment Closing Date and (b) $1.20.
Xxxxxxxx hereby represents and warrants to the Company, as of the date hereof and on the Closing Date and on each Additional Investment Closing Date (as defined in the Certificate), as follows: Xxxxxxxx has been duly incorporated and is validly existing in good standing under the laws of Bermuda.
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 Companys filings with the SEC, or as disclosed in writing or electronically to the Purchaser or its representatives prior to the Additional Investment Closing Date.