Purchasers is defined in Section 12.3.1.
Selling Agent Morgan Stanley & Co.
Placement Agent means X.X. Xxxxxxxxxx & Co., LLC.
Initial Purchasers shall have the meaning set forth in the preamble.
PIPE Investors means those certain investors participating in the PIPE Investment pursuant to the Subscription Agreements.
Placement Agent Warrants shall have the meaning set forth in the Subscription Agreement.
Selling Shareholders sections in substantially the form attached hereto as Exhibit B. The Company shall use its reasonable best efforts to have each Additional Registration Statement declared effective by the SEC as soon as practicable, but in no event later than the Additional Effectiveness Deadline. By 9:30 a.m. New York time on the Business Day following the Additional Effective Date, the Company shall file with the SEC in accordance with Rule 424 under the 1933 Act the final prospectus to be used in connection with sales pursuant to such Additional Registration Statement.
Selling Parties shall have the meaning specified in the preamble.
Subscribers shall have the meaning set forth in the section of this Escrow Agreement titled “Background.”
First purchaser means the first buyer of a manufactured item that contains ferrous or nonferrous metal in a retail or business-to-business transaction. A person that purchases scrap metal, or other property described in section 10, in violation of this act, or an automotive recycler, pawnshop, scrap metal recycler, or scrap processor is not considered a first purchaser.
The Purchaser means the organization purchasing the Goods, as named in SCC.
DTC Custodian means the custodian of the DTC Notes on behalf of DTC, which initially shall be the Global Agent.
Purchaser/ User means ultimate recipient of goods and services
Purchaser means the organization purchasing the goods.
Investor is defined in the preamble to this Agreement.