A Sworn Construction Statement has been prepared and executed by the Prime Contractor and other Contractors and delivered to the Lender and CDC accompanied by executed lien waivers and any other documents required by the Title Company for all Eligible Project Costs paid by Borrower prior to the AgStar Closing Date and/or the CDC Closing Date.
Second Closing Date means the date of the Second Closing.
First Closing Date shall refer to the time and date of delivery of certificates for the Firm Shares and such Optional Shares). Any such time and date of delivery, if subsequent to the First Closing Date, is called an “Option Closing Date,” shall be determined by the Representatives and shall not be earlier than three or later than five full business days after delivery of such notice of exercise. If any Optional Shares are to be purchased, each Underwriter agrees, severally and not jointly, to purchase the number of Optional Shares (subject to such adjustments to eliminate fractional shares as the Representatives may determine) that bears the same proportion to the total number of Optional Shares to be purchased as the number of Firm Shares set forth on Schedule A opposite the name of such Underwriter bears to the total number of Firm Shares. The Representatives may cancel the option at any time prior to its expiration by giving written notice of such cancellation to the Company.
Initial Closing Date shall have the meaning assigned to such term in Section 1.2 hereof.
Third Closing Date has the meaning set forth in Section 2.2(c).
Subsequent Closing Date means, with respect to each Subsequent Closing, the date on which such Subsequent Closing is deemed to have occurred.