Subsequent Buyer definition
Examples of Subsequent Buyer in a sentence
Any Person approved by the Company and the Required Holders may become a Subsequent Buyer and may purchase Subsequent Notes and Subsequent Warrants by duly executing and delivering a Joinder Agreement to the Company.
If Buyer incurs any liability to a Subsequent Buyer due to the failure of Seller or the Unit’s SC to comply with this Confirmation, Seller will be liable to Buyer for the same amounts Seller would have owed Buyer under this Confirmation if Buyer had not resold the Product.
The aggregate purchase price for the Subsequent Notes and the Subsequent Warrants to be purchased by each Subsequent Buyer at the applicable Subsequent Closing (the “Subsequent Purchase Price” and together with the Initial Purchase Price, the “Purchase Price”) shall be the amount set forth on the signature page of such Subsequent Buyer attached to such Subsequent Buyer’s Joinder Agreement or in the Subsequent Closing Notice (as defined below), as applicable.
Such Subsequent Buyer shall have received a certificate, executed by the Chief Executive Officer of the Company, dated as of the applicable Subsequent Closing Date, to the foregoing effect and as to such other matters as may be reasonably requested by such Subsequent Buyer in the form attached hereto as Exhibit G.
The date and time of any Subsequent Closing (each a “Subsequent Closing Date”, and together with Initial Closing Date, each a “Closing Date” and collectively, the “Closing Dates”) shall be at such time and on such date as the Company and each Subsequent Buyer may mutually agree upon, subject to satisfaction (or waiver) of the conditions to the Subsequent Closing set forth in Sections 6(b) and 7(b) and the conditions contained in Section 1(a)(ii) and this Section 1(c), at the offices of the Company.
The aggregate purchase price for the Subsequent Notes to be purchased by each Subsequent Buyer at the applicable Subsequent Closing (the “Subsequent Purchase Price” and together with the Initial Purchase Price, the “Purchase Price”) shall be the amount set forth on the signature page of such Subsequent Buyer attached to such Subsequent Buyer’s Joinder Agreement or in the Subsequent Closing Notice, as applicable.
For any such a resale, Resource Adequacy Plan of Buyer as used herein will refer to the Resource Adequacy Plan of Subsequent Buyer.
Throughout the Delivery Period, Buyer and Seller will take all commercially reasonable actions and execute all documents or instruments reasonably necessary to ensure ▇▇▇▇▇’s rights to the Expected Quantity of the Product for the sole benefit of Buyer or any Subsequent Buyer.
Any Person approved by the Company may become a Subsequent Buyer and may purchase Subsequent Notes by duly executing and delivering a Joinder Agreement, substantially in the form attached hereto as Exhibit E, to the Company.
If Buyer resells any portion of the Product to a Subsequent Buyer and that Subsequent Buyer fails to receive any portion of the resold Product, such failure will be deemed a failure of Buyer to receive the Product hereunder, and ▇▇▇▇▇ is liable for damages pursuant to Section 4.2 of the Master Agreement.