Common use of Second Closing Conditions Clause in Contracts

Second Closing Conditions. The respective obligations of each Purchaser, on the one hand, and the Company, on the other hand, to consummate the Second Closing are each subject to the satisfaction of the following conditions prior to the Second Closing: (A) The First Closing shall have been consummated in accordance with the terms of this Agreement; (B) The Rights Offering shall have been consummated in accordance with the terms of this Agreement; (C) The Company shall have received (or shall receive concurrently with the Second Closing) proceeds from the sale of the Common Shares pursuant to the Private Placement, the Anchor Investment and the Rights Offering, in each case at the purchase prices set forth herein and at a price per share of $0.43, an aggregate amount of not less than $275,000,000; (D) The conditions stated in Section 1.2(e)(2)(M) and (N) shall remain satisfied as of the Second Closing Date; (E) The representations and warranties of the Company set forth in paragraphs (f) and (ii) of Schedule I shall be true and correct in all respects; and (F) The representations and warranties of the Purchasers in Section 2.3(a) through (h) shall be true and correct in all respects.

Second Closing Conditions. The respective obligations of each Purchaser, on the one hand, and the Company, on the other hand, to consummate the Second Closing are each subject to the satisfaction of the following conditions prior to the Second Closing: (A) The First Closing shall have been consummated in accordance with the terms of this Agreement; (B) The Rights Offering shall have been consummated in accordance with the terms of this Agreement; (C) The Company shall have received (or shall receive concurrently with the Second Closing) proceeds from the sale of the Common Shares pursuant to the Private Placement, the Anchor Investment and the Rights Offering, in each case at the purchase prices set forth herein and at a price per share of $0.430.40, an aggregate amount of not less than $275,000,000; (D) The conditions stated in Section 1.2(e)(2)(M) and (N) shall remain satisfied as of the Second Closing Date; (E) The representations and warranties of the Company set forth in paragraphs (f) and (ii) of Schedule I shall be true and correct in all respects; and (F) The representations and warranties of the Purchasers in Section 2.3(a) through (h) shall be true and correct in all respects.