First Closing definition
Examples of First Closing in a sentence
Prior to the First Closing, Purchaser does not beneficially own, directly or indirectly, any shares of Common Stock, Common Stock Equivalents or other Company securities.
The Company shall, on or prior to the date hereof, retain its independent registered public accounting firm to audit the balance sheet of the Company as of the First Closing Date (the “Audited Balance Sheet”) reflecting the receipt by the Company of the proceeds of the sale of the Offered Securities as set forth in the Prospectus on the First Closing Date.
On each of the First Closing Date and each Option Closing Date, the Representative shall have received the opinion and negative assurance letter of W▇▇▇▇ & Case LLP, U.S. counsel for the Company, dated as of such date, in form and substance satisfactory to the Representative.
Upon delivery and payment for the Units on the First Closing Date and any Option Closing Dates, the Company will not be subject to Rule 419 under the Securities Act and none of the Company’s outstanding securities will be deemed to be a “p▇▇▇▇ stock” as defined in Rule 3a51-1 under the Exchange Act.
As soon as the Audited Balance Sheet becomes available, the Company shall promptly, but not later than four business days after the First Closing Date, file a Current Report on Form 8-K with the Commission, which report shall contain the Audited Balance Sheet.