Second Closing Conditions definition

Second Closing Conditions shall have the meaning set forth in Section 2.3(b).

Second Closing Conditions means that:

Second Closing Conditions means conditions to the respective obligations of the Parties to consummate the transactions contemplated by this Agreement, as set forth in Sections 10.1, 10.4, and 10.5.

Examples of Second Closing Conditions in a sentence

• Subject to the satisfaction and fulfillment of the First Closing Conditions and the Second Closing Conditions, the capital contribution shall be made in two stages – by way of the First Capital Contribution and the Second Captial Contribution.

• The Second Closing Conditions: The Closing has been consummated in accordance with this Agreement; and the Purchaser shall have received sufficient additional funds through the implementation of a refinancing or any other way of financing (including but without limitation, bank loans, etc.) made available to the Purchaser and the payments made by the Purchaser for the Second Consideration shall in no event cause any material adverse impact on the Purchaser’s ordinary course of business.

• Huatong shall exercise best endeavours to procure satisfaction of all the Second Closing Conditions.

• Within 5 (five) days of fulfilment (or waiver by the Investor in writing) of all the Second Closing Conditions Precedent required to be fulfilled, the Company and the Promoters shall provide written confirmation of the same (“Second Closing CP Confirmation Certificate”) in a manner acceptable to the Investor, a format of which is set out in Schedule III.

• The obligation of each of the Investors and the Company required to be performed by it pursuant to this Section 2.3(b) shall be subject to the performance by each of the other parties of their agreements theretofore to be performed pursuant to this Section 2.3(b) and the satisfaction of Second Closing Conditions.

More Definitions of Second Closing Conditions

Second Closing Conditions means the Sellers' Closing Conditions and the Buyer's Second Closing Conditions;

Second Closing Conditions shall have the meaning assigned to such term in Section 5.02.

Second Closing Conditions has the meaning set forth in Section 3.1 of this Agreement. (44) (45) "Second Closing Date" or "Second Closing date" means the date and time at which the Second Closing actually occurs. (46) (47) "Second Closing Transaction" has the meaning set forth in Section 2.2(a) of this Agreement. (48) (49) "Tax Accrual" means the aggregate amount of the reserves, provisions and accruals for Taxes (other than Taxes based on or measured by net income) on the PHC Balance Sheet, up to but not to exceed $1,000. (50) (51) "Transaction Documents" means this Agreement, the Bangor-Pacific Assignment and the other documents and instruments referred to in Sections 3.5(a) and (d). (52) (53) (27) "West Enfield Project Documents" means those documents and agreements defined as such in Annex A to the Loan Agreement. (54) 2 ARTICLE

Second Closing Conditions has the meaning given that term in the Asset Purchase Agreement.

Second Closing Conditions has the meaning ascribed to it in Clause 5.2;

Second Closing Conditions means: (i) the receipt of approval of the stockholders of the Company to the issuance of all the Securities and the Second Closing as required by the applicable rules of The Nasdaq Stock Market, (ii) the amendment of the Company's Certificate of Incorporation to provide for an increase of the Company's authorized Common Stock to 100,000,000 shares (the "AMENDMENT"), (iii) the receipt of approval of the stockholders of the Company to effect a reverse stock split of Tegal's common stock, whereby each outstanding 2, 3, 5, 10 or 15 shares would be combined, converted and changed into one share of common stock, provided that Tegal's board of directors will retain discretion as to which amendment will be filed superseding the action of the stockholders on April 28, 2003 and as to when and whether any amendment is filed and (iv) the absence of any Material Adverse Change since the First Closing Date.

Second Closing Conditions means the conditions set out in Article 8 of this Agreement;