Examples of Subsequent Closing Notice in a sentence
Subject to the satisfaction or waiver of the conditions set forth in Sections 3.3, 3.4 and 3.5, each Subsequent Closing shall take place on the date specified in the Subsequent Closing Notice (the actual date of each Subsequent Closing being referred to as, a “Subsequent Closing Date”).
The aggregate purchase price for the Subsequent Notes and the Subsequent Warrants to be purchased by each Subsequent Buyer at the applicable Subsequent Closing (the “Subsequent Purchase Price” and together with the Initial Purchase Price, the “Purchase Price”) shall be the amount set forth on the signature page of such Subsequent Buyer attached to such Subsequent Buyer’s Joinder Agreement or in the Subsequent Closing Notice (as defined below), as applicable.
Notwithstanding anything herein, in a Joinder Agreement or in a Subsequent Closing Notice to the contrary, the number of Subsequent Notes to be purchased by the Subsequent Buyers at the First Subsequent Closing shall not exceed $444,445 aggregate principal amount of Subsequent Notes.
The issuance of the Dilution Make-Whole Shares shall take place at a closing (the “Subsequent Closing”) to be held at the offices of Xxxxxx, Xxxx & Xxxxxxxx LLP, 0000 XxXxxxxx Xxxxxx, Suite 1100, Dallas, Texas 75201, at 10:00 a.m., Dallas time on the date that is two Business Days following receipt by the Investor of the Subsequent Closing Notice, or at such other place or at such other time or on such other date as the Company and the Investor mutually may agree in writing.
Any Initial Buyer may also purchase, at such Initial Buyer’s option, Subsequent Notes by delivering a Subsequent Closing Notice, substantially in the form attached hereto as Exhibit F, to the Company.
The "Subsequent Closing Fraction," with respect to any Subsequent Closing, is the fraction, the numerator of which is the number of the Second Tranche Units set forth in the Subsequent Closing Notice relating to such Subsequent Closing, and the denominator of which is 901,613.
Notwithstanding the foregoing, upon written notice to the Company accompanying any Subsequent Closing Notice, any Purchaser may designate one or more of its Affiliates to purchase Closing Shares in a Subsequent Closing, in which case such Affiliate shall execute a joinder to this Agreement, in a form reasonably acceptable to the Company, and shall thereafter constitute a “Purchaser” hereunder for all purposes.
Each Subsequent Closing Notice shall specify the date of the Subsequent Closing and the number of Second Tranche Units that shall be purchased and sold at such Subsequent Closing.
The Company may, in its sole discretion from time to time from the date hereof until December 31, 2025, deliver a Subsequent Closing Notice to the Purchasers, and the Purchasers may, in their sole discretion upon written notice to the Company within three (3) Business Days of receipt thereof, accept or reject such Subsequent Closing Notice (and if no such notice is delivered by the Purchasers within such time period, such Subsequent Closing Notice shall be deemed rejected and shall be null and void).
The aggregate purchase price for the Subsequent Notes to be purchased by each Subsequent Buyer at the applicable Subsequent Closing (the “Subsequent Purchase Price” and together with the Initial Purchase Price, the “Purchase Price”) shall be the amount set forth on the signature page of such Subsequent Buyer attached to such Subsequent Buyer’s Joinder Agreement or in the Subsequent Closing Notice, as applicable.