Common use of Closing Dates Clause in Contracts

Closing Dates. The First Closing shall occur on that date which is ten (10) days after Final Approval of the Entitlements applicable to the Takedown 1 Lots is obtained (the “Takedown 1 Closing Date”). The Second Closing shall occur on that date which is ten (10) days after the later to occur of (i) Final Approval of the Entitlements applicable to the Takedown 2 Lots and (ii) that date which is twelve (12) months after the Takedown 1 Closing Date (the “Takedown 2 Closing Date”). The Third Closing shall occur on that date which is ten (10) days after the later to occur of (i) Final Approval of the Entitlements applicable to the Takedown 3 Lots and (ii) that date which is twelve (12) months after the Takedown 2 Closing Date (the “Takedown 3 Closing Date”). The Fourth Closing shall occur on that date which is ten (10) days after the later to occur of (i) Final Approval of the Entitlements applicable to the Takedown 4 Lots and (ii) that date which is twelve (12) months after the Takedown 3 Closing Date (the “Takedown 4 Closing Date”). The term “Closing Date” may be used to refer to each of the Takedown 1 Closing Date, the Takedown 2 Closing Date, the Takedown 3 Closing Date, and the Takedown 4 Closing Date. If Purchaser desires to accelerate any Closing Date, Purchaser may request that a Closing Date be accelerated, and if Seller is willing to do so, in its sole and absolute discretion, the parties will work together to prepare a mutually acceptable amendment to this Contract to accommodate such request. Seller shall have the right to extend the Takedown 1 Closing Date for up to 90 days in order to satisfy Seller’s Condition Precedent as provided in Section 6(a) of this Contract.

Closing Dates. A. The First Initial Closing Date shall occur on that the date which is ten (10) days the first Trading Day after Final Approval each of the Entitlements applicable to conditions contemplated by Sections 7 and 8 hereof shall have either been satisfied or been waived by the Takedown 1 Lots is obtained (party in whose favor such conditions run; provided, however, that on the “Takedown 1 Initial Closing Date”), the aggregate subscriptions shall be for at least the Minimum Purchase Price. The Second Closing shall occur on that date which is ten (10) days If additional subscriptions and the related Purchase Price are received after the later to occur of Initial Closing Date, one or more additional Additional Closing Dates may be held; provided that (i) Final Approval for all Closing Dates, the aggregate Purchase Price of all Buyers for all such Closing Dates shall not exceed the Entitlements applicable to the Takedown 2 Lots Maximum Purchase Price, and (ii) that date which is twelve (12) months after the Takedown 1 no Closing Date (shall be later than the “Takedown 2 Latest Closing Date”). The Third Closing B. Each closing of the purchase and issuance of Purchased Securities shall occur on that date which is ten (10) days after the later Closing Date at the offices of the Escrow Agent. The closings on Additional Closing Dates shall be conducted upon the same terms and conditions as those applicable to occur of the Initial Closing Date. (i) Final Approval If the Initial Closing Date does not occur by the close of business on August 31, 2004, then at any time after that date and prior to the date on which the Initial Closing Date occurs, the Buyer may, by written notice to the Escrow Agent (a "Cancellation Notice") with a copy to the Company, request the return by the Escrow Agent to the Buyer of the Entitlements applicable Purchase Price. Upon the Escrow Agent's receipt of such Cancellation Notice, if the Initial Closing Date has not occurred prior to 5 PM (Eastern Time) of the Trading Day following such receipt by the Escrow Agent, the Buyer shall have no further obligations under this Agreement, including, without limitation, the obligation to pay any part of the Purchase Price, and the Escrow Agent shall return the Buyer's Escrow Funds to the Takedown 3 Lots Buyer and the Certificates issued to the Lender being held as part of the Escrow Property to the Company. (ii) that date which is twelve (12) months after If the Takedown 2 Escrow Agent receives a Cancellation Notice from a Buyer, but the Initial Closing Date occurs prior to 5 PM (Eastern Time) of Trading Day following the “Takedown 3 Escrow Agent's receipt of such Cancellation Notice, the Cancellation Notice shall be deemed null and void ab initio. (iii) If, as a result of effective Cancellation Notices received from one or more Buyers (whether such Buyers constitute all Buyers or less than all Buyers), the Aggregate Purchase Price of all remaining Buyers is less than the Minimum Aggregate Purchase Price, then the Initial Closing Date”). The Fourth Closing Date shall not occur on that date which is ten (10) days after until the later to occur of (i) Final Approval subscription of the Entitlements applicable to Buyer and any Other Buyers who have not issued Cancellation Notices are for at least the Takedown 4 Lots and (ii) that date which is twelve (12) months after the Takedown 3 Closing Date (the “Takedown 4 Closing Date”)Minimum Aggregate Purchase Price. The term “Closing Date” may be used to refer to each If, as of the Takedown 1 Latest Closing Date, the Takedown 2 Closing Date, the Takedown 3 Closing Date, and the Takedown 4 Closing Date. If Purchaser desires to accelerate any Closing Date, Purchaser may request that a Initial Closing Date has not occurred, this Agreement shall be accelerated, and deemed canceled with respect to all Buyers as if Seller is willing to do so, in its sole and absolute discretion, the parties will work together to prepare each of them had timely given a mutually acceptable amendment to this Contract to accommodate such request. Seller shall have the right to extend the Takedown 1 Closing Date for up to 90 days in order to satisfy Seller’s Condition Precedent as provided in Section 6(a) of this ContractCancellation Notice.

Closing Dates. The First Closing shall occur on that date which is ten (10) business days after Seller has provided Purchaser with written notice (a “Closing Notice”) that Final Approval of the Entitlements applicable to has been obtained for the Takedown 1 Lots is obtained (the “Takedown 1 Closing Date”). The Second Closing shall occur on that date which is ten (10) business days after the later last to occur of (i) delivery to Purchaser of a Closing Notice for Final Approval of the Entitlements applicable to the Takedown 2 Lots and (ii) that date which is twelve (12) months after the Takedown 1 Closing Date and (iii) the completion by Seller of all Finished Lot Improvements for the Lots previously purchased hereunder by Purchaser (the “Takedown 2 Closing Date”). The Third Closing shall occur on that date which is ten (10) business days after the later last to occur of (i) delivery to Purchaser of a Closing Notice for Final Approval of the Entitlements applicable to the Takedown 3 Lots and (ii) that date which is twelve (12) months after the Takedown 2 Closing Date and (iii) the completion by Seller of all Finished Lot Improvements for the Lots previously purchased hereunder by Purchaser (the “Takedown 3 Closing Date”). The Fourth Closing shall occur on that date which is ten (10) business days after the later last to occur of (i) delivery to Purchaser of a Closing Notice for Final Approval of the Entitlements applicable to the Takedown 4 Lots and (ii) that date which is twelve (12) months after the Takedown 3 Closing Date and (iii) the completion by Seller of all Finished Lot Improvements for the Lots previously purchased hereunder by Purchaser (the “Takedown 4 Closing Date”). The term “Closing Date” may be used to refer to each of the Takedown 1 Closing Date, the Takedown 2 Closing Date, the Takedown 3 Closing Date, and the Takedown 4 Closing Date. If Purchaser desires to accelerate any Closing Date, Purchaser may request that a Closing Date be accelerated, and if Seller is willing to do so, in its sole and absolute discretion, the parties will work together to prepare a mutually acceptable amendment to this Contract to accommodate such request. Seller shall have the right to extend the Takedown 1 Closing Date for up to 90 days in order to satisfy Seller’s Condition Precedent as provided in Section 6(a) of this Contract. With each Closing Notice, Seller shall provide, or otherwise make available, to Purchaser a copy of the Approved Entitlements to the extent not previously provided to Purchaser.

Closing Dates. The date of the First Closing of the purchase and sale of the Takedown 1 Lots (the “Takedown 1 Closing”) shall be the date that is ten (10) business days after Purchaser receives Seller’s Completion Notice for the Takedown 1 Lots. If Substantial Completion of the Finished Lot Improvements for the Takedown 1 Lots has not been achieved by the date that is twelve (12) months after the date that the Final Approval of the Entitlements is obtained (the “Takedown 1 Finished Lot Improvement Deadline”), then the Closing Date of the First Closing (the “Takedown 1 Closing Date”) may be extended by Seller up to six (6) months after the Takedown 1 Finished Lot Improvement Deadline by written notice from Seller to Purchaser issued prior to the initial Takedown 1 Finished Lot Improvement Deadline. The Second Closing of the purchase and sale of the Takedown 2 Lots shall occur on that date which is ten (10) days after Final Approval of the Entitlements applicable to the Takedown 1 Lots is obtained (the “Takedown 1 Closing Date”). The Second Closing shall occur on that date which is ten (10) business days after the later to occur of (i) Final Approval of the Entitlements applicable to the Takedown 2 Lots and (ii) that date which is twelve (12) months after the Takedown 1 Closing Date (the “Takedown 2 Closing Date”); provided, however, that Purchaser shall have the right to terminate this Contract as to the Second Takedown and all subsequent Takedowns and receive a refund of any undisbursed portion of the Deposit, in the event that Seller does not obtain Final Approval of the applicable Entitlements within eighteen (18) months after the date of the First Closing, subject to extensions resulting from delays caused by Uncontrollable Events. The Third Closing of the purchase and sale of the Takedown 3 Lots shall occur on that date which is ten (10) business days after the later to occur of (i) Final Approval of the Entitlements applicable to the Takedown 3 Lots and (ii) that date which is twelve (12) months after the Takedown 2 Closing Date (the “Takedown 3 Closing Date”); provided, however, that Purchaser shall have the right to terminate this Contract as to the Third Takedown and all subsequent Takedowns and receive a refund of any undisbursed portion of the Deposit, in the event that Seller does not obtain Final Approval of the applicable Entitlements within eighteen (18) months after the date of the Second Closing, subject to extensions resulting from delays caused by Uncontrollable Events. The Fourth Closing of the purchase and sale of the Takedown 4 Lots shall occur on that date which is ten (10) business days after the later to occur of (i) Final Approval of the Entitlements applicable to the Takedown 4 Lots and (ii) that date which is twelve (12) months after the Takedown 3 Closing Date (the “Takedown 4 3 Closing Date”); provided, however, that Purchaser shall have the right to terminate this Contract as to the Fourth Takedown and receive a refund of any undisbursed portion of the Deposit, in the event that Seller does not obtain Final Approval of the applicable Entitlements within eighteen (18) months after the date of the Third Closing, subject to extensions resulting from delays caused by Uncontrollable Events. The term “Closing Date” may be used to refer to each of the Takedown 1 Closing Date, the Takedown 2 Closing Date, the Takedown 3 Closing Date, and the Takedown 4 Closing Date. If Purchaser desires to accelerate any Closing Date, Purchaser may request that a such Closing Date be accelerated, and if Seller is willing to do so, so in its sole and absolute discretion, the parties will work together to prepare a mutually acceptable amendment to this Contract to accommodate such request. Seller The Finished Lot Improvements for the Takedown 2 Lots, the Takedown 3 Lots, and the Takedown 4 Lots shall have be Substantially Complete on or before ten (10) business days prior to the right applicable Closing (such dates with the Takedown 1 Finished Lot Improvements Deadline are referred to extend as a “Finished Lot Improvement Deadline”). The Takedown 2 Closing Date, the Takedown 3 Closing Date, and the Takedown 4 Closing Date, are each subject to extension by Seller, inclusive of extensions resulting from Uncontrollable Events, of up to six (6) months in the same manner as provided above for the Takedown 1 Closing Date for up to 90 Date. Notwithstanding any other provision herein, any Closing under this Contract must occur on a Tuesday, Wednesday or Thursday that is a business day (a “Permitted Closing Day”), and may be extended no more than an additional five (5) days in order to satisfy Seller’s Condition Precedent as provided be scheduled on one of those days of the week. Furthermore, if any Closing is scheduled to occur on any date from September 15 through September 30, it shall automatically be extended to the next Permitted Closing Day in Section 6(a) of this ContractOctober, and if any Closing is scheduled to occur on any date from December 18 through January 5, it shall automatically be extended to the next Permitted Closing Day in January.

Closing Dates. The First Closing shall occur on that date which is ten (10) days after Final Approval of the Entitlements applicable to the Takedown 1 Lots is obtained (the “Takedown 1 Closing Date”), which Takedown 1 Closing Date is currently estimated to be May 2021. The Second Closing shall occur on that date which is ten (10) days after the later to occur of (i) Final Approval of the Entitlements applicable to the Takedown 2 Lots and (ii) that date which is twelve (12) months after the Takedown 1 Closing Date (the “Takedown 2 Closing Date”). The Third Closing shall occur on that date which is ten (10) days after the later to occur of (i) Final Approval of the Entitlements applicable to the Takedown 3 Lots and (ii) that date which is twelve (12) months after the Takedown 2 Closing Date (the “Takedown 3 Closing Date”). The Fourth Closing shall occur on that date which is ten (10) days after the later to occur of (i) Final Approval of the Entitlements applicable to the Takedown 4 Lots and (ii) that date which is twelve (12) months after the Takedown 3 Closing Date (the “Takedown 4 Closing Date”). The term “Closing Date” may be used to refer to each of the Takedown 1 Closing Date, the Takedown 2 Closing Date, the Takedown 3 Closing Date, and the Takedown 4 Closing Date. If Purchaser desires to accelerate any Closing Date, Purchaser may request that a Closing Date be accelerated, and if Seller is willing to do so, in its sole and absolute discretion, the parties will work together to prepare a mutually acceptable amendment to this Contract to accommodate such request. Seller shall have the right to extend the Takedown 1 Closing Date for up to 90 ninety (90) days in order to satisfy Seller’s Condition Precedent as provided in Section 6(a) of this Contract.

Closing Dates. The date of the First Closing shall occur on that date which is ten (10) days after Final Approval of the Entitlements applicable to purchase and sale of the Takedown 1 Lots shall be the date that is obtained five (the “Takedown 1 Closing Date”). The Second Closing shall occur on that date which is ten (105) business days after the later parties have completed the list identifying the Punch-List Items have been determined pursuant to Section 5(B), all of which is to occur of (i) Final Approval after Seller provided Purchaser with the Completion Notice, Plat Certification and Takedown Commitment for the Takedown 1 Lots. If substantial completion of the Entitlements applicable to Finished Lot Improvements with issuance of the Completion Notice for the Takedown 2 1 Lots and (ii) has not been achieved by the date that date which is twelve (12) months after the date that the Continuation Notice is delivered to Seller for the Takedown 1 Closing Date Lots (the “Takedown 2 Closing Date1 Finished Lot Improvement Deadline”). The Third , then the Closing shall occur on that date which is ten (10) days after the later to occur of (i) Final Approval Date of the Entitlements applicable First Closing may be extended by Seller up to the Takedown 3 Lots and four (ii) that date which is twelve (124) months after the Takedown 1 Finished Lot Improvement Deadline by written notice from Seller to Purchaser issued prior to the initial Takedown 1 Finished Lot Improvement Deadline. Such date of Closing is herein referred to as the "Takedown 1 Closing Date." The date of the Second Closing of the purchase and sale of the Takedown 2 Closing Date Lots (the “"Takedown 3 Closing Date”). The Fourth Closing 2 Closing") shall occur on be the date that date which is ten nine (10) days after the later to occur of (i) Final Approval of the Entitlements applicable to the Takedown 4 Lots and (ii) that date which is twelve (129) months after the Takedown 3 date that the First Closing Date (occurs or such other date as Seller and Purchaser may mutually agree. Such date of Closing is herein referred to as the “Takedown 4 Closing Date”). The term “Closing Date” may be used to refer to each of the Takedown 1 Closing Date, the "Takedown 2 Closing Date, ." The date of the Third Closing of the purchase and sale of the Takedown 3 Lots (the "Takedown 3 Closing") shall be the date that is six (6) months after the date that the Second Closing Date, occurs or such other date as Seller and the Takedown 4 Closing Date. If Purchaser desires to accelerate any Closing Date, Purchaser may request that a mutually agree. Such date of Closing Date be accelerated, and if Seller is willing herein referred to do so, in its sole and absolute discretion, as the parties will work together to prepare a mutually acceptable amendment to this Contract to accommodate such request. Seller shall have the right to extend the "Takedown 1 Closing Date for up to 90 days in order to satisfy Seller’s Condition Precedent as provided in Section 6(a) of this Contract.3

Closing Dates. The closing of the sale and purchase of the First Closing shall occur on that date which is ten (10) days after Final Approval of the Entitlements applicable to the Takedown 1 Lots is obtained Shares (the “Takedown 1 "First Closing") shall take place on the [*] business day after the date of this Agreement or such later date as Corixa and Purchaser may mutually agree or as may be specified in accordance with the last sentence of this section (the "First Closing Date”"). The closing of the sale and purchase of the Second Closing Shares and the Third Closing Shares (the "Second Closing" and "Third Closing," respectively) shall occur take place on that date which is ten (10) days the [*] business day after the applicable Notice Date or such later to occur date as Corixa and Purchaser may mutually agree or as may be specified in accordance with the last sentence of this section (i) Final Approval of the Entitlements applicable "Second Closing Date" and "Third Closing Date," respectively). As used hereinafter, the terms "Closing" and "Closing Date" shall refer to the Takedown 2 Lots and (ii) that date which is twelve (12) months after the Takedown 1 Closing Date (the “Takedown 2 Closing Date”). The First, Second or Third Closing shall occur on that date which is ten (10) days after and the later to occur of (i) Final Approval of the Entitlements applicable to the Takedown 3 Lots and (ii) that date which is twelve (12) months after the Takedown 2 Closing Date (the “Takedown 3 Closing Date”). The Fourth Closing shall occur on that date which is ten (10) days after the later to occur of (i) Final Approval of the Entitlements applicable to the Takedown 4 Lots and (ii) that date which is twelve (12) months after the Takedown 3 Closing Date (the “Takedown 4 Closing Date”). The term “Closing Date” may be used to refer to each of the Takedown 1 First, Second or Third Closing Date, as the Takedown 2 context requires; the term "Shares" shall refer to the First, Second and Third Closing Shares collectively or the First, Second or Third Closing Shares, if and as the context requires; and the term "Purchase Price" shall refer to the First, Second and Third Closing Purchase Price collectively or the First, Second or Third Closing Purchase Price, if and as the context requires. If for any reason Corixa is unable to satisfy the closing conditions set forth in Section 4 of this -------- * Confidential Treatment Requested. Agreement as of the scheduled Closing Date, then Corixa shall use its best efforts to satisfy such conditions at the Takedown 3 Closing Dateearliest practicable date, and the Takedown 4 Closing Date. If Purchaser desires to accelerate any Closing Date, Purchaser may request that a Closing Date shall be accelerated, and if Seller is willing rescheduled to do so, in its sole and absolute discretion, the parties will work together such date as Corixa may specify (with at least five (5) business days prior notice to prepare a mutually acceptable amendment to this Contract to accommodate Purchaser) on which Corixa can satisfy such request. Seller shall have the right to extend the Takedown 1 Closing Date for up to 90 days in order to satisfy Seller’s Condition Precedent as provided in Section 6(a) of this Contractclosing conditions.