Common use of No Closing Clause in Contracts

No Closing. If (i) at the Offering Deadline, the Company fails to receive subscriptions from Flash CF Investors for shares of Flash CF Preferred having an aggregate purchase price of at least the Target Offering Amount; (ii) at the Funding Deadline, the Company fails to receive in cleared funds, or is not accepting, subscriptions from Flash CF Investors for shares of Flash CF Preferred having an aggregate purchase price of at least the Target Offering Amount; or (iii) the Company terminates the Offering or is otherwise unable to effect the Closing pursuant to this Agreement, (1) Investor’s subscription will be cancelled automatically and (2) FlashFunders will, within five Business Days thereafter, (A) send to Investor a notification of such cancellation, the reason for such cancellation and the refund amount that Investor is expected to receive, and (B) direct the refund of such subscription to Investor without deduction for any fee, commission or expense, and without accrued interest with respect to any money received, and without accrued interest with respect to any money received.

Appears in 3 contracts

Samples: Preferred Stock Subscription Agreement, Flash Cf Preferred Stock Subscription Agreement, Preferred Stock Subscription Agreement

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No Closing. If (i) at the Offering Deadline, the Company fails to receive subscriptions from Flash CF Investors for shares of Flash CF Preferred Convertible Securities having an aggregate purchase price investment amount of at least the Target Offering Amount; (ii) at the Funding Deadline, the Company fails to receive in cleared funds, or is not accepting, subscriptions from Flash CF Investors for shares of Flash CF Preferred Convertible Securities having an aggregate purchase price investment amount of at least the Target Offering Amount; or (iii) the Company terminates the Offering or is otherwise unable to effect the Closing pursuant to this Agreement, (1) Investor’s subscription will be cancelled automatically and (2) FlashFunders will, within five Business Days thereafter, (A) send to Investor a notification of such cancellation, the reason for such cancellation and the refund amount that Investor is expected to receive, and (B) direct the refund of such subscription to Investor without deduction for any fee, commission or expense, and without accrued interest with respect to any money received, and without accrued interest with respect to any money received.

Appears in 1 contract

Samples: Flash Convertible Security Subscription Agreement

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