Closing Securities definition
Examples of Closing Securities in a sentence
As compensation for services rendered, on the Closing Date, the Company shall pay to the Placement Agent a cash fee equal to seven percent (7.0%) of the gross proceeds received by the Company from the sale of the Closing Securities at the Closing of the Offering.
Notwithstanding the provisions of this Section 6.4, the Placement Agent shall not be required to contribute any amount in excess of the cash fee paid to the Placement Agent at Closing applicable to the Closing Securities purchased the Investors in the Offering.
Subject to the terms and conditions hereof, payment of the purchase price for, and delivery of, the Closing Securities shall be made at one closing, unless otherwise agreed by the parties (the “Closing”).
No claim will be made or enforced by the Company or, with the consent of the Company, any other Person, that any Investor is an “Acquiring Person” under any control share acquisition, business combination, poison pill (including any distribution under a rights agreement) or similar anti-takeover plan or arrangement in effect or hereafter adopted by the Company, or that any Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Closing Securities.
The Company is not, and immediately after receipt of payment for the Closing Securities will not be, an “investment company” within the meaning of the Investment Company Act of 1940, as amended.