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.