Common use of Additional Closing Mechanics Clause in Contracts

Additional Closing Mechanics. Subject to the satisfaction of the conditions set forth in this Section 1.5(b)(ii) and Section 5.2 below, the Company shall have the right to require the Investor to purchase the Additional Note on the Additional Closing Date by delivering to the Investor on the Effective Date, by facsimile and overnight courier at its address set forth in Section 8.4 hereof, an irrevocable written notice that the Company has exercised its right to require the Investor to purchase the Additional Note (the "Additional Closing Notice," and such date, the "Additional Closing Notice Date"). For the avoidance of doubt, the Company shall not be entitled to effect an Additional Closing if there shall exist an Additional Note Conditions Failure (as defined below).

Additional Closing Mechanics. Subject to the satisfaction (or waiver) of the conditions set forth in this Section 1.5(b)(ii3.2(b) and Section 5.2 4.2 below, the Company shall have the right to require the Investor to purchase the Additional Note on the Additional Closing Date by delivering to the Investor on the Effective Date, by facsimile and overnight courier at its address set forth in Section 8.4 12.4 hereof, an irrevocable written notice that the Company has exercised its right to require the Investor to purchase the Additional Note (the "“Additional Closing Notice," ”, and such date, the "“Additional Closing Notice Date"”). For the avoidance of doubt, the Company shall not be entitled to effect an Additional Closing if there shall exist an Additional Note Conditions Failure (as defined below).