Second Issuance Date definition
Examples of Second Issuance Date in a sentence
On the Second Issuance Date, AERC shall deliver to the MIGRA Stockholders certificates representing AERC Common Shares issuable pursuant to Sections 2.1(c) and 2.1(e) plus payment for any fractional shares as provided in Section 2.2(b).
In the event that the value of common stock on the applicable Notification Date is less than the value of the common stock on the Issuance Date for the payment due on October 12, 2014, or the Second Issuance Date for the payment due on October 12, 2015, the difference shall be paid to Lessor by URI in cash or by wire transfer (in accordance with Section 4 of the Mining Lease) within three business days of the Notification Date.
URI will prepare a resale shelf registration statement that will specifically name Lessor for the purpose of registering the shares of the Company’s common stock provided to Lessor pursuant to this Section 4.1. URI anticipates that the resale shelf registration statement will be filed with the SEC within approximately 5 business days of the Issuance Date or the Second Issuance Date.
The number of shares of URI’s common stock shall be fully vested on the Issuance Date or Second Issuance Date, and although the stock certificate will carry the legend identified in Section 4.1.C below, URI will facilitate the removal of the legend in the manner described in Section 4.1.D below if requested by Lessor.
The Company shall use commercially reasonable best efforts to prepare and file an Information Statement Pursuant to Section 14(c) of the Securities Exchange Act of 1934 (as amended), as promptly as practicable following the date hereof, in respect of the transactions contemplated hereby, and shall otherwise use commercially reasonable best efforts to cause the Second Issuance Date to occur as promptly as practicable following the date hereof.
For purposes of the preceding sentence, the value of the AERC Common Shares shall be determined in the following order of priority: (i) at the Effective Time, pursuant to Section 2.1(b); (ii) on the Second Issuance Date, (A) first, pursuant to Section 2.1(c) and (B) second, pursuant to Section 2.1(e) and (iii) on the Third Issuance Date, (A) first, pursuant to Section 2.1(d) and (B) second, pursuant to Section 2.1(f).
The Company shall provide the Trustee with complete copies of each New Reimbursement Agreement promptly upon the Second Issuance Date and shall provide the Trustee with all copies of any amendment, modification or extension to any such New Reimbursement Agreement promptly upon execution thereof.
Payment for the Second Note and Second Warrant by the Purchaser and the issuance of the Second Note and Second Warrant by the Company shall be made at the offices of ____________, commencing at 9:00 a.m. local time on May __, 2004, or at such other time and place upon which the Company and the Purchaser shall mutually agree (the "Second Issuance Date").
If on the Second Issuance Date, the actual amount of such Liabilities exceeds the actual amount of such Current Assets, then the MIGRA Stockholders shall either (i) pay on the Second Issuance Date to AERC an amount equal to such excess or (ii) notify AERC that the number of AERC Common Shares to be received pursuant to Section 2.1(c) or 2.1(e) shall be reduced by a number of the AERC Common Shares equal in value to such excess, such value to be determined pursuant to Section 2.1(c) or 2.1(e), respectively.