Examples of Subsequent Closings in a sentence
Any provision of this Agreement may be amended, waived or modified only upon the written consent of the Company and the Investors holding Notes with a principal amount equal to at least 50% of the principal then outstanding under all Notes (a “Majority in Interest”); provided however, that no consent is required for amendments to Schedule I to reflect Subsequent Closings.
As to the Subsequent Closings, the Company shall have performed and complied with the covenants and provisions of this Agreement and the other Transaction Documents required to be performed or complied with by it at or prior to the Subsequent Closing Date.
This Agreement may only be amended or supplemented by the written consent of each of the General Partner and UST; provided that the General Partner may, without the consent of UST or any other Limited Partner, amend Schedule B in connection with Subsequent Closings of the Partnership.
The Initial Closing, each of the Subsequent Closings and the Option Shares Closing Date, as applicable, may be collectively referred to herein as the “Closing Dates.” Certificates evidencing the Shares will be in definitive form, registered in such names and in such denominations as the Underwriter requests and will be made available to the Underwriter for checking and packaging on the applicable Closing Date.
Upon delivery of the Escrow Fund by the Escrow Agent (i) to the Issuer following the Initial Closing, if there are to be no Subsequent Closings, (ii) following a final Subsequent Closing, or (iii) to the Subscribers upon termination of the Offering prior to the Initial Closing, as the case may be, and in each case notice of termination of the Offering having been delivered by the Issuer and the Depositor to the Escrow Agent, this Escrow Agreement shall terminate, subject to the provisions of Section 8.