Second Tranche Closing definition

Second Tranche Closing means the Closing of the Second Tranche.

Second Tranche Closing shall have the meaning set forth in Section 1.2(b)(i) hereof.

Second Tranche Closing has the meaning set forth in Section 1.3(b).

Examples of Second Tranche Closing in a sentence

• The representations and warranties made in this Agreement and in all certificates and documents delivered pursuant to or as contemplated by this Agreement shall survive the First Tranche Closing Date and the Second Tranche Closing Date, as applicable, for a period of two years and will not be mitigated, diminished or affected by any investigation or inquiry made by or on behalf of the party entitled to rely on such representation and warranty.

• For greater certainty, if the Company does not provide the Investor with notice of its election to proceed with the Second Tranche prior to the Second Tranche Election Deadline, the Second Tranche Closing will not occur.

• To the Company’s knowledge, other than as disclosed in the Public Disclosure Documents, no shareholder owns, directly or indirectly, 10% or more of the outstanding Common Shares as at the date of this Agreement and no shareholder will own, directly or indirectly, 10% or more of the outstanding Common Shares as at the First Tranche Closing Date or the Second Tranche Closing Date.

• The Company, in the case of a condition set out in Section ‎6.3 and the Investor in the case of a condition set out in Section ‎6.4, will have the exclusive right to waive before the First Tranche Closing Time and Second Tranche Closing Time, as applicable, the performance of or compliance with such condition in whole or in part and on such terms as may be agreed upon without prejudice to any of its rights in the event of non-performance of or non-compliance with any other condition in whole or in part.

• The Investor and the Company agree that unless required to be performed on or prior to the First Tranche Closing Date or Second Tranche Closing Date, as applicable, unless otherwise expressly set forth herein, the covenants made pursuant hereto shall survive indefinitely.

More Definitions of Second Tranche Closing

Second Tranche Closing has the meaning set forth in Article II of this Agreement.

Second Tranche Closing and “Second Tranche Closing Date” mean the consummation of the Company’s issuance and sale, and the Investors’ purchase, of shares of New Class B Preferred Stock under Section 3.3 of this Agreement and the date on which the same occurs or occurred.

Second Tranche Closing shall have the meaning ascribed to such term in Section 2.1(a).

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

Second Tranche Closing means the Second Tranche Closing of the Company’s Series A-1 Preferred Stock, as such terms are defined in that certain Series A Preferred Stock Purchase Agreement of the Company dated June 10, 2016.

Second Tranche Closing means the closing of the second tranche of the Company's series A2 financing (excluding the Second Tranche Private Placement).

Second Tranche Closing has the meaning given to it in Section 2.2(b).