Initial Buyer definition
Examples of Initial Buyer in a sentence
Any Initial Buyer may also purchase, at such Initial Buyer’s option, Subsequent Notes and Subsequent Warrants by delivering written notice to the Company (each, a “Subsequent Closing Notice”).
Any Initial Buyer may also purchase, at such Initial Buyer’s option, Subsequent Notes and Subsequent Warrants by delivering a Subsequent Closing Notice to the Company.
Such Initial Buyer shall have received a certificate, executed by the Chief Executive Officer of the Company, dated as of the Initial Closing Date, to the foregoing effect and as to such other matters as may be reasonably requested by such Initial Buyer in the form attached hereto as Exhibit G.
The aggregate purchase price for the Initial Notes and Initial Warrants purchased by each Initial Buyer at the Initial Closing (the “Initial Purchase Price”) was the amount set forth opposite each Initial Buyer’s name in column (5) of the Schedule of Buyers.
Initial Buyer shall provide to Seller a properly executed United States Internal Revenue Service Form W-9, dated on or before the Closing Date, evidencing a complete exemption from withholding or deduction of Tax from amounts payable by Seller to Initial Buyer under the Transaction Documents pursuant to applicable laws in effect on the Closing Date.
Without limiting the generality of the foregoing, in no event shall Buyer be deemed to have failed to maintain the Initial Buyer Percentage or the Step Three Buyer Percentage, as the case may be, if, with respect to any Dilutive Event that decreases the Buyer Percentage to below the Initial Buyer Percentage or the Step Three Buyer Percentage, Buyer has provided a written notice to Issuer of its desire to acquire Additional Shares in accordance with Section 2.4(b).
On the Initial Closing Date, (i) each Initial Buyer paid its Initial Purchase Price to the Company for the Initial Notes and Initial Warrants issued and sold to such Initial Buyer at the Initial Closing (less, in the case of Empery Asset Master Ltd.
For purposes of this Section 5, Buyer shall be deemed to have maintained the Initial Buyer Percentage if from time to time the Buyer Percentage is less than the Initial Buyer Percentage by less than 1%.
This Deed Restriction shall remain in full force and effect for a period of twenty (20) years from the date each Initial Buyer purchases a Home (the “Affordability Period”).
The Buyer has the requisite corporate power and authority to execute, deliver and perform its obligations under this Agreement and the Contemplated Transactions, including without limitation to issue, sell and deliver the Initial Buyer Shares, the Restricted Stock and the Contingent Stock.