THE MANDATORY CLOSING DATE Sample Clauses

THE MANDATORY CLOSING DATE. The date and time of the Mandatory Closing (an "Mandatory Closing Date") shall be 10:00 a.m. Central Time, on July 17, 2000, subject to satisfaction (or waiver) of the conditions to the Mandatory Closing set forth in Sections 6(b) and 7(b) and the conditions contained in this Section 1(c) (or such later date as is mutually agreed to by the Company and the Buyers). On July 3, 2000 (the "Mandatory Share Notice Date"), subject to the satisfaction of the requirements and the conditions contained in this Section 1(c), the Company shall deliver written notice to each Buyer (a "Mandatory Share Notice"). The Mandatory Share Notice shall set forth (A) the number of Mandatory Preferred Shares and the number of related Mandatory Warrant Shares subject to Mandatory Warrants each Buyer is required to purchase at the Mandatory Closing and (B) the aggregate Purchase Price for the Mandatory Preferred Shares and the related Mandatory Warrants to be purchased. Notwithstanding the foregoing, no Buyer shall be required to purchase the Mandatory Preferred Shares and the related Mandatory Warrants and the Company shall not issue a Mandatory Share Notice unless each of the following conditions is satisfied: (i) the Initial Registration Statement (as defined in the Registration Rights Agreement) registering all the Registrable Securities (as defined in the Registration Rights Agreements) related to the Initial Preferred Shares and the Initial Warrants is filed on or before April 25, 2000; (ii) during the period beginning on the date of this Agreement and ending on and including the Mandatory Closing Date, there shall not have occurred either (I) the consummation of a Change of Control (as defined in Section 4(b) of the Certificate of Designations) or a public announcement of a pending, proposed or intended Change of Control which has not been abandoned or terminated or (II) a Triggering Event (as defined in Section 3(b) of the Certificate of Designations) or a Liquidity Default (as defined in Section 3(g) of the Certificate of Designations) or an event that with the passage of time or giving of notice and without being cured would constitute a Triggering Event or a Liquidity Default; (iii) at all times during the period beginning on the date of this Agreement and ending on and including the Mandatory Closing Date, the Common Stock shall have been designated for quotation on the Nasdaq National Market ("Nasdaq") or listed on The New York Stock Exchange, Inc. ("NYSE") or The Americ...
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THE MANDATORY CLOSING DATE. Subject to satisfaction of the conditions to the Mandatory Closing set forth in Sections 9(b) and 10(b) and the conditions set forth in this Section 1(c), the date and time of the Mandatory Closing (the "MANDATORY CLOSING DATE") shall be 10:00 a.m. New York Time, on the earlier of (i) the date set forth in the Mandatory Share Notice (as defined below) (or such later date as is mutually agreed to by the Company and the Buyer), and (ii) October 27, 2001 (the "FINAL CLOSING DATE"). The Company may deliver written notice (the "MANDATORY SHARE NOTICE") to Buyer on a date which is within five (5) months of the Initial Closing Date (the "MANDATORY SHARE NOTICE DATE"). The Mandatory Share Notice shall set forth the date of the Mandatory Closing Date which date shall be not less than 30 days after the Mandatory Share Notice Date and in no event shall be later than October 27, 2001. Notwithstanding the foregoing, Buyer shall not be required to purchase the Mandatory Preferred Shares unless each of the following conditions is satisfied: (i) during the period beginning on the date of this Agreement and ending on and including the Mandatory Closing Date, there shall not have occurred the consummation of a Change of Control (as defined in Section 5) or a public announcement of a pending Change of Control which has not been abandoned or terminated; (ii) at all times during the period beginning on the date of this Agreement and ending on and including the Mandatory Closing Date, the Common Stock shall have been listed on The New York Stock Exchange, Inc. ("NYSE") or The American Stock ---------------- *[CONFIDENTIAL TREATMENT REQUESTED] Indicates material that has been omitted and for which confidential treatment is being requested. All such omitted material is being filed with The Securities and Exchange Commission pursuant to Rule 24b-2 promulgated under the Securities Exchange Act of 1934, as amended. Exchange, Inc. ("AMEX") or designated for quotation on the Nasdaq National Market ("NASDAQ") and shall not have been suspended from trading on such exchanges nor shall delisting or suspension by such exchanges have been threatened either (A) in writing by such exchanges or (B) by falling below the minimum listing maintenance requirements of such exchanges; and (iii) during the period beginning on the Initial Closing Date and ending on and including the Mandatory Closing Date, the Company shall have delivered Conversion Shares upon conversion of the Preferred Shares on a t...
Sample 1
THE MANDATORY CLOSING DATE. The date and time of the Mandatory -------------------------- Closing (the "MANDATORY CLOSING DATE") shall be 10:00 a.m. Central Time, on the fifth business day after the Buyers have received written notice from the Company that the Initial Registration Statement (as defined in the Registration Rights Agreement) covering 200% of the Conversion Shares issuable upon conversion of the Initial Preferred Shares and Mandatory Preferred Shares and 100% of the Initial Warrant Shares and Mandatory Warrant Shares upon exercise of the Additional Warrants and Mandatory Warrants, as the case may be, has been declared effective by the SEC and subject to satisfaction (or waiver) of the conditions to the Mandatory Closing set forth in Sections 6(b) and 7(b) and the conditions set forth in this paragraph (or such other date as is mutually agreed to by the Company and the Buyers). The Mandatory Closing shall occur on the Mandatory Closing Date at the offices of Xxxxxx Xxxxxx & Xxxxx, 000 Xxxx Xxxxxx Xxxxxx, Xxxxx 0000, Xxxxxxx, Xxxxxxxx 00000-0000.
Sample 1
THE MANDATORY CLOSING DATE. The date and time of the Mandatory -------------------------- Closing (the "Mandatory Closing Date") shall be 10:00 a.m. Central Time, on the third (3rd) Business Day following the last day of the Pricing Period, subject to satisfaction (or waiver) of the conditions to the Mandatory Closing set forth in Sections 6(b) and 7(b) and the conditions set forth in this Section 1(c) (or such later date as is mutually agreed to by the Company and the Buyers). The Company shall deliver written notice by facsimile (the "Mandatory Share Notice") to each Buyer on the first (1st) Business Day after the last day of the Pricing Period (the "Mandatory Share Notice Date"). The Mandatory Share Notice shall set forth (x) confirmation of the Conversion Price as of the date immediately following the last day of the Pricing Period, and (y) in the event that the Conversion Price is greater than $125 on the date immediately following the last day of the Pricing Period, (I) each Buyer's pro rata portion of the aggregate number of Mandatory Preferred Shares, each determined in accordance with Section 1(a), which each Buyer is required to purchase at such Mandatory Closing, (II) each Buyer's aggregate Purchase Price for the Mandatory Preferred Shares and (III) the date of the Mandatory Closing Date which date shall be the third (3rd) Business Day after the last day of the Pricing Period. The Mandatory Closing shall occur on the Mandatory Closing Date at the offices of Xxxxxx Xxxxxx Xxxxx, 000 Xxxx Xxxxxx Xxxxxx, Xxxxx 0000, Xxxxxxx, Xxxxxxxx 00000-0000.
Sample 1

Related to THE MANDATORY CLOSING DATE

  • Initial Closing Date The obligation of each Buyer hereunder to purchase the Initial Preferred Shares at the Initial Closing is subject to the satisfaction, at or before the Initial Closing Date, of each of the following conditions, provided that these conditions are for each Buyer's sole benefit and may be waived by such Buyer at any time in its sole discretion:

  • Extension of Closing Date Contributor and Acquirer hereby agree to amend Sections 3.1(g) and 3.2(g) of the Contract to provide as follows: The Closing shall have occurred on or prior to June 30, 2005. Contributor and Acquirer hereby agree to amend Section 4.1 of the Contract to provide as follows: The consummation and closing (the “Closing”) of the transactions contemplated under this Agreement shall take place at the offices of Hunton & Wxxxxxxx LLP, Washington, D.C., or such other place as is mutually agreeable to the parties, on the date of the closing of the IPO (the “Closing Date”), or as otherwise set by agreement of the parties; provided, however, that this Agreement shall terminate if Closing does not occur prior to June 30, 2005.

  • Funding Date The obligations of the Lenders to make Loans and of the Issuing Banks to issue Letters of Credit hereunder shall not become effective until the date on which each of the following conditions is satisfied (or waived in accordance with Section 9.02):

  • The Closing Date Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Shearman & Sterling LLP, 500 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York time, on , or such other time and date not later than 1:30 p.m. New York time, on , as the Representative shall designate by notice to the Company (the time and date of such closing are called the “Closing Date”).

  • Closing Date The date and time of the issuance and sale of the Note pursuant to this Agreement (the “Closing Date”) shall be on or around May 7, 2019.

  • The First Closing Date Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Xxxxxxx LLP (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [•], or such other time and date not later than 1:30 p.m. New York City time, on [•] as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

  • Closing; Closing Date Closing" and "Closing Date" have the meanings set forth in Section 5.3.

  • Conditions Precedent to the Closing Date The obligation of the Lenders to execute this Agreement and make any requested Loans on the Closing Date is subject to the prior satisfaction of each of the following conditions (unless waived in writing by Administrative Agent with the consent of the Lenders):

  • Conditions to the Closing Date The obligations of each Bank to make the Loans contemplated by subsections 2.1 and 2.2 and of the Issuing Bank to issue Letters of Credit contemplated by subsection 3.1 shall be subject to the compliance by the Company with its agreements herein contained and to the satisfaction, on or before October 1, 2004, of the following conditions:

  • Additional Closings The closing of the sale and purchase of the Additional Series G Shares shall occur at (i) [ — ] additional closings (each, a “Scheduled Additional Closing”) to take place at the offices of Xxxxxx & Dodge LLP, 000 Xxxxxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx, U.S.A., or at such other location as may be agreed upon among the Investors participating in such Scheduled Additional Closing, on each of [ — ] and (ii) one or more Confidential materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote such omission. additional closings (each, an “Additional Investor Additional Closing” and together with the Scheduled Additional Closings, each an “Additional Closing”) to take place no later than December 15, 2005 at the offices of Xxxxxx & Dodge LLP, 000 Xxxxxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx, U.S.A., or at such other location as may be agreed upon among the Corporation and the Investors participating in such Additional Investor Additional Closing. At each Additional Closing, the Corporation shall issue and deliver to each Investor participating in such Additional Closing a certificate or certificates for shares of Series G Preferred Stock, registered in the name of such Investor, in the amount representing the number of Series G Shares being purchased by such Investor at such Additional Closing, against payment by such Investor to the Corporation of the aggregate purchase price therefor in the form of (a) a wire transfer to a bank account designated by the Corporation or (b) such other method of payment as the Corporation, in its sole discretion, may accept.

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