Common use of Financing Closing Clause in Contracts

Financing Closing. Buyer shall have closed or shall, simultaneously with the Closing of the Acquisition, close the Initial Closing of the Financing substantially in accordance with the terms of, and as defined in, the Series B Preferred Stock Purchase and Recapitalization Agreement attached hereto as Exhibit E.

Financing Closing. Buyer shall have closed or shall, simultaneously with the Closing of the Acquisition, close the Initial Closing of the Financing substantially in accordance with the terms of, and as defined in, the Series B Preferred Stock Purchase and Recapitalization Agreement attached hereto as Exhibit E.E, and on the Closing Date after taking into account the issuance of the Stock Consideration, Seller shall own less than 18% of the equity interest of Buyer, as determined based on the number of shares outstanding (and excluding any warrants, options and other rights to purchase capital stock of Buyer).