Common use of Subsequent Closing Notice Clause in Contracts

Subsequent Closing Notice. The Company, at its sole election, may consummate (a) Subsequent Closing(s) by delivering, subject to Section 5(d) hereof, a notice satisfying the conditions of this Section (the "Subsequent Closing Notice") to the Investor at least ten (10) business days prior to the date that the Company desires to make a Subsequent Draw. The Company may request the Subsequent Draw(s) at any time on or prior to the date that is two years from the date of the Initial Closing. In the Subsequent Closing Notice, the Company shall represent to the Investor that (i) the Company elects to consummate the transactions contemplated hereby as a Subsequent Draw and (ii) the conditions set forth in Section 8 hereof have been satisfied, subject to an updated Schedule of Exceptions.