Subsequent Closing Subscription Amount definition
Examples of Subsequent Closing Subscription Amount in a sentence
To exercise the option provided for in this subsection 2.4, the Purchasers shall provide written notice of the exercise of the option to the Company (the “Exercise Notice”) on or before the Subsequent Closing Option Date, which Exercise Notice shall specify the Subsequent Closing Subscription Amount of each Purchaser.
To exercise the options provided for in this subsection 2.4, each Purchaser shall provide written notice of the exercise of such option to the Company, pro-rata to the amount of Note Principal acquired on the Initial Closing Date in the form of the completed signature page hereto (the “Exercise Notice”) on or before the Subsequent Closing Option Date, which Exercise Notice shall specify the Subsequent Closing Subscription Amount for each such Purchaser.
Each Purchaser shall deliver to the Company, via wire transfer or a certified check, immediately available funds equal to such Purchaser’s applicable Subsequent Closing Subscription Amount as set forth in the Purchaser Option notice, and the Company shall deliver to each Purchaser its respective Debenture and Warrant, as determined pursuant to Section 2.3(a), and the Company and each Purchaser shall deliver the other items set forth in Section 2.3 deliverable at the Subsequent Closing.
Such Purchaser’s Subsequent Closing Subscription Amount minus applicable legal fees and expenses of such Purchaser to be reimbursed to such Purchaser pursuant to Section 6.2.
Each Purchaser shall deliver to the Escrow Agent such Purchaser’s Subsequent Closing Subscription Amount on or prior to the Subsequent Closing Date, to be held in escrow by the Escrow Agent in accordance with the terms and conditions of the Escrow Agreement pending the Subsequent Closing.
Each Subsequent Closing Notice tendered by a Purchaser may be, at the sole discretion of the exercising Purchaser, all or part of such Purchaser’s Maximum Subsequent Closing Subscription Amount.
On or prior to each Subsequent Closing Date, each Purchaser participating in such Subsequent Closing shall deliver or cause to be delivered to the Company such Purchaser’s Subsequent Closing Subscription Amount minus applicable legal fees and expenses of such Purchaser to be reimbursed to such Purchaser pursuant to Section 6.2, by wire transfer to the Escrow Agent to the account specified in Schedule 2.1(c) hereto.
To exercise the option provided for in this subsection 2.4, an electing Purchaser shall provide written notice of the exercise of the option to the Company and each other Purchaser on or before nine months after the Closing Date, which exercise notice shall specify the Subsequent Closing Subscription Amount of such electing Purchaser.
Provided the conditions to closing set forth in Section 2.6(a) are or will be satisfied, a Purchaser, may require the Company to conduct one or more Subsequent Closings with respect to such Purchaser’s aggregate Pro Rata Portion of the Subsequent Closing Subscription Amount without regard to the occurrence and satisfaction of the conditions set forth in Section 2.4 and at the sole discretion of such Purchaser, the waiver or postponement of one or more of the deliveries required pursuant to Section 2.5(a).
Within 5 Trading Days of the Optional Notice Date, upon the terms and subject to the conditions set forth herein, the Company agrees to sell, and such Purchaser, severally and not jointly with the other Purchasers, agrees to purchase, Debentures and Warrants for the Subsequent Closing Subscription Amount.