Common use of The Second Closing Clause in Contracts

The Second Closing. Subject to the terms and conditions set forth in Section 4.2 and elsewhere in this Agreement, the purchase and sale of the Tranche B Shares (the "Second Closing") shall take place on the earlier to occur of (i) the date that the Common Stock of the Company is listed for trading on the NASDAQ SmallCap or National Market or (ii) the date which is 60 days from the First Closing Date (the "Second Closing Date"); provided, that in no case shall the Second Closing take place if the conditions listed in Section 4.2 have not been satisfied or waived by the appropriate party. At the Second Closing: (i) Each Purchaser shall deliver, as directed by the Company, its portion of the purchase price as set forth next to its name on Schedule I in United States dollars in immediately available funds to an account or accounts designated in writing by the Company; (ii) The Company shall deliver to each Purchaser a certificate(s) representing the number of Tranche B Shares purchased by such Purchaser as set forth on Schedule I hereto; and (iii) The parties shall execute and deliver each of the documents referred to in Section 4.2.

The Second Closing. Subject to the terms and conditions set forth in Section 4.2 and elsewhere in this Agreement, the purchase and sale of the Tranche B Shares (the "Second ClosingSECOND CLOSING") shall take place on the earlier to occur of (i) the date that the Common Stock of the Company is listed for trading on the NASDAQ SmallCap or National Market or (ii) the date which is 60 days from the First Closing Date (the "Second Closing DateSECOND CLOSING DATE"); providedPROVIDED, that in no case shall the Second Closing take place if the conditions listed in Section 4.2 have not been satisfied or waived by the appropriate party. At the Second Closing: (i) Each Purchaser shall deliver, as directed by the Company, its portion of the purchase price as set forth next to its name on Schedule SCHEDULE I in United States dollars in immediately available funds to an account or accounts designated in writing by the Company; (ii) The Company shall deliver to each Purchaser a certificate(s) representing the number of Tranche B Shares purchased by such Purchaser as set forth on Schedule SCHEDULE I hereto; and (iii) The parties shall execute and deliver each of the documents referred to in Section 4.2.