Second Closing Date definition

Second Closing Date means the date of the Second Closing.

Second Closing Date has the meaning set forth in Section 1.3.

Second Closing Date shall have the meaning ascribed to such term in Section 2.1.

Examples of Second Closing Date in a sentence

• Neither the Registration Statement nor any amendment thereto, at the effective time of each part thereof, at the First Closing Date (as defined below) or at the Second Closing Date (as defined below), contained, contains or will contain an untrue statement of a material fact or omitted, omits or will omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading.

• Neither the Prospectus nor any supplement thereto, as of its issue date, at the time of any filing with the Commission pursuant to Rule 424(b) of the Rules and Regulations, at the First Closing Date or at the Second Closing Date, included, includes or will include an untrue statement of a material fact or omitted, omits or will omit to state a material fact necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading.

• In the event that the Firm Shares (and Option Shares, if elected by the Representative) are not delivered to the Representative by 2:30 p.m., New York City time, on the First Closing Date (and the Second Closing Date, if elected by the Representative), the Company will return (or will instruct its custodian to return) payment of the full purchase price to the Representative’s agent, Pershing LLC, via same day funds by 4:30 p.m., New York City time.

• Any information provided by a source other than the Procurement Coordinator shall be deemed unofficial and nonbinding.

• The Firm Shares and the Option Shares shall be in such denominations and registered in such names as the Representative shall request prior to the First Closing Date or any applicable Second Closing Date.

More Definitions of Second Closing Date

Second Closing Date has the meaning specified in Section 3.06(a).

Second Closing Date is defined in Section 3.

Second Closing Date shall have the meaning ascribed to such term in Section 6(b).

Second Closing Date has the meaning set forth in Section 2.4 of this Agreement.

Second Closing Date means the Trading Day on which all conditions precedent to (i) the Purchasers’ obligations to pay the Second Closing Subscription Amount and (ii) the Company’s obligations to deliver the Securities, in each case, have been satisfied or waived; provided, that the Second Closing Date shall be a date that is not more than five (5) Trading Days following the date on which all such conditions have been satisfied or waived.

Second Closing Date has the meaning set forth in Section 6.1.

Second Closing Date shall have the meaning set forth in Section 2(a) of the Subscription Agreement;