Second Closing Securities definition

Second Closing Securities has the meaning set forth in Section 1.1(b).
Second Closing Securities means the Shares and the Common Warrants sold in the Second Closing.
Second Closing Securities shall have the meaning ascribed to such term in the preamble to this Agreement.

Examples of Second Closing Securities in a sentence

  • For the avoidance of doubt, if this Agreement is terminated for any reason after the Initial Closing occurs and prior to the Second Closing, the Investor shall not be required to return any of the Initial Closing Securities or pay the Second Purchase Price Payment, nor shall the Company be required to return any of the Initial Purchase Price Payment or issue the Second Closing Securities.

  • Every cherry grower in the world knows that cherries have to be kept cold after harvest to maintain quality.

  • Both the PPP proposals and bond issues involve financing capital investment in the Underground through debt rather than grant.

  • Notwithstanding any other provision of this Agreement, no Second Closing Securities shall be issued under this Agreement to any Purchaser prior to Stockholder Approval (which, for this purpose shall not include the vote of any shares acquired by such Purchaser in the Initial Closing) except in accordance with the rules and interpretations of Nasdaq.

  • This Agreement, and any and all rights, duties and obligations hereunder, shall not be assigned, transferred, delegated or sublicensed by the Purchaser without the prior written consent of the Company, except that the Purchaser may assign or transfer its right to purchase the Second Closing Securities to an Affiliate.

  • At the Second Closing, the Company shall issue (as applicable) and sell to the Buyer and the Buyer shall purchase the A-2 Debenture, the Stock and the Sigma Stock (collectively, the "Second Closing Securities").

  • In the event of the Second Closing, in accordance with and subject to Section 1.1(b) hereof, substantially identical payment and delivery procedures will apply with respect to the aggregate price payable hereunder by each Purchaser for the Second Closing Securities (the “Second Closing Purchase Price”).

  • Such actual aggregate Second Subscription Amount and aggregate amount of Second Closing Securities shall be determined in the sole discretion of the Lead Investor (as defined below).

  • The sale of the Second Closing Securities by the Company to such Purchaser shall not be prohibited by any law or governmental order or regulation.

  • If the Purchaser so elects to purchase the Second Closing Securities (and does not withdraw such election in accordance with the terms of this Agreement), subject to the terms and conditions of this Agreement, at the Second Closing (as defined below), the Company shall issue and sell to the Purchaser, and the Purchaser shall purchase and acquire from the Company, (i) the Second Closing Shares for the Second Closing Aggregate Purchase Price, and (ii) the Second Closing Warrant.


More Definitions of Second Closing Securities

Second Closing Securities means the Shares and the Common Warrants sold in the Second Closing. “Second Closing Shares” has the meaning set forth in Section 2.2.
Second Closing Securities means the collective reference to the Second ------------------------- Closing Shares and the Second Closing Warrants.
Second Closing Securities shall have the meaning set forth in Section 2.2(b)(ii). “Second Outside Date” shall have the meaning set forth in Section 9.1(a).
Second Closing Securities means the aggregate of the Second Closing Shares (as defined in Section 1.5(b)(x)) plus the number of Second Closing
Second Closing Securities means those securities issued by I-Link and held by Winter Harbor on the date of this Agreement that are designated as "Second Closing Securities" on Exhibit A. In the event of any change in the securities of I-Link by reason of stock dividends, splits, combinations, subdivisions or reclassifications, mergers, recapitalizations, extraordinary dividends or distributions, exchanges of shares or the like, the type and number of securities constituting the Second Closing Securities shall be appropriately adjusted.

Related to Second Closing Securities

  • Closing Securities shall have the meaning ascribed to such term in Section 2.1(a)(ii).

  • Second Closing has the meaning set forth in Section 2.2.

  • Qualifying Securities means securities issued by the Issuer that:

  • Closing Warrants shall have the meaning ascribed to such term in Section 2.1(a)(ii).

  • Closing Shares shall have the meaning ascribed to such term in Section 2.1(a)(i).

  • APM Qualifying Securities means, with respect to an Alternative Payment Mechanism, any Debt Exchangeable for Preferred Equity or any Mandatory Trigger Provision, one or more of the following (as designated in the transaction documents for any Qualifying Capital Securities that include an Alternative Payment Mechanism or a Mandatory Trigger Provision or for any Debt Exchangeable for Preferred Equity, as applicable):

  • Existing Securities means, collectively, the Equity Securities and the Debt Securities.

  • Second Closing Date has the meaning set forth in Section 1.3.

  • Controlling Securities means (i) the Class A Notes so long as the Class A Notes are outstanding, (ii) after the Class A Notes are no longer outstanding, the Class B Notes so long as the Class B Notes are outstanding and (iii) after the Class B Notes are no longer outstanding, the Class C Notes so long as the Class C Notes are outstanding.

  • First Closing has the meaning set forth in Section 2.1(a).

  • Subsequent Closing has the meaning set forth in Section 3.2.

  • Initial Closing shall have the meaning ascribed to such term in Section 2.1.

  • Option Closing Purchase Price shall have the meaning ascribed to such term in Section 2.2(b), which aggregate purchase price shall be net of the underwriting discounts and commissions.

  • Third Closing shall have the meaning ascribed to such term in Section 2.1(c).

  • Initial Closing Price means the RI Closing Value of a Reference Item on the Strike Date

  • NIM Securities Any debt securities secured or otherwise backed by some or all of the Class X and Class P Certificates that are rated by one or more Rating Agencies.

  • Company Voting Securities means the combined voting power of all outstanding voting securities of the Company entitled to vote generally in the election of directors to the Board.

  • Subsequent Closing Date means, with respect to each Subsequent Closing, the date on which such Subsequent Closing is deemed to have occurred.

  • Offered Securities shall have the meaning specified in Section 5.03(b)(ii)(B).

  • Closing Purchase Price shall have the meaning ascribed to such term in Section 2.1(b), which aggregate purchase price shall be net of the underwriting discounts and commissions.

  • Series Closing Date means the date designated as such in the Series Term Sheet.

  • Put Closing shall have the meaning set forth in Section 2.3.8.

  • Put Closing Date shall have the meaning set forth in Section 2.3.8.

  • Third Closing Date has the meaning set forth in Section 2.2(c).

  • Purchaser Securities means the Purchaser Units, the Purchaser Common Stock, the Purchaser Preferred Stock and the Purchaser Warrants, collectively.

  • Tender Closing Date means the date and time set out in column (C) of Part 1 of the Schedule to the Tender Notice;