Common use of Subsequent Deliveries Clause in Contracts

Subsequent Deliveries. Notwithstanding anything to the contrary in this Article 7, the parties acknowledge and agree that, due to the necessity of having the Closing occur at the earliest possible time, the Borrower may not be able to satisfy all of the conditions precedent to the Closing required by Section 7.02 prior to or at the Closing. In consideration of the Lender's willingness to close the Loan without such satisfaction, the Borrower covenants and agrees that the Borrower shall satisfy all of such conditions precedent required pursuant to Section 7.02 but not satisfied prior to or at the Closing as soon as possible following the Closing, but in any event no later than fifteen (15) Business Days thereafter, except that consummation of the Private Placement referenced in Section 7.02(e) must occur in any event no later than thirty (30) Business Days thereafter.

Appears in 2 contracts

Sources: Convertible Loan Agreement (Tosi Lp), Convertible Loan Agreement (Flotek Industries Inc/Cn/)