Additional Conditions to Second Closing Sample Clauses

Additional Conditions to Second Closing. Prior to or contemporaneous with the Second Closing, the Company shall have either (x) received the Primsol Solution Final FDA Approval or (y) closed a Qualified Public Offering." and
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Additional Conditions to Second Closing. In addition to the conditions set forth in Section 4.1, the obligation of the Investor to purchase Second Closing Preferred Shares at the Second Closing is subject to the fulfillment, to the satisfaction of the Investor on or prior to the Second Closing Date, of the following conditions:
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Additional Conditions to Second Closing. In the case of the --------------------------------------- Second Closing, each of the following shall have occurred: (i) the Company's Board of Directors shall have approved of the Company's proposed use of the net proceeds derived by the Company from the issuance of the shares of 8.5% Convertible Preferred Stock in the Second Closing; (ii) the average closing sales price of a share of the Company's Common Stock for the ten NYSE trading days ending prior to the date the Notice of Issuance for such Second Closing Date is delivered shall equal or exceed 90% of the public offering price of shares of Common Stock in the Secondary Stock Offering; and (iii) the Second Closing Date shall occur on or prior to December 31, 1997.
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Additional Conditions to Second Closing. The obligations of each Party to close the transactions contemplated herein at the Second Closing are, at the option of each Party, subject to the additional conditions that:
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Additional Conditions to Second Closing. Prior to the Second Closing the Company shall have received the Primsol Solution Final FDA Approval.
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Related to Additional Conditions to Second Closing

  • Additional Conditions to Closing (a) All necessary approvals under federal and state securities laws and other authorizations relating to the issuance of the Acquisition Shares and the transfer of the Shares shall have been received.

  • Conditions to Second Closing The occurrence of the Second Closing is expressly contingent on (i) the truth and accuracy, on the Effective Date, Actual Effective Date and the Second Closing Date of the representations and warranties of the Company and Subscriber contained in this Agreement, (ii) continued compliance with the covenants of the Company set forth in this Agreement, (iii) the non-occurrence of any Event of Default (as defined in the Note) or other default by the Company of its obligations and undertakings contained in this Agreement, (iv) the delivery on the Second Closing Date of Second Closing Notes for which the Company Shares issuable upon conversion have been included in the Registration Statement, which must be effective as of the Second Closing Date, and (v) the delivery of the Second Closing Warrants for which the Warrant Shares issuable upon exercise have been included in the Registration Statement which must be effective as of the Second Closing Date. The exercise prices of the Warrants issuable on the Second Closing Date shall be adjusted to offset the effect of stock splits, stock dividends, pro rata distributions of property or equity interests to the Company's shareholders after the Initial Closing Date.

  • Additional Conditions to Obligations of Buyer The obligation of Buyer to consummate the Transactions shall also be subject to the satisfaction or waiver (where permissible), on or prior to the Closing Date, of each of the following conditions:

  • Actions to Satisfy Closing Conditions Each Party shall take all actions as are within its power and otherwise use its commercially reasonable efforts so as to ensure compliance with the conditions set forth in this Section 6.

  • Additional Conditions Precedent No Lender has any obligation to make any Loan (including its first), and LC Issuer has no obligation to issue any Letter of Credit (including its first), unless the following conditions precedent have been satisfied:

  • Mutual Conditions to Closing The obligations of the Investor and the Company to consummate the Closing are subject to the fulfillment as of the Closing Date of the following conditions:

  • Additional Conditions For each mediation or arbitration:

  • Conditions to Closing Date This Agreement shall become effective upon, and the obligation of each Lender to make the initial Extensions of Credit on the Closing Date is subject to, the satisfaction of the following conditions precedent:

  • Closing Conditions to Closing The Lender will not be obligated to make the initial Loans or to obtain any Letters of Credit on the Closing Date, unless the following conditions precedent have been satisfied in a manner satisfactory to Lender:

  • Conditions to Effective Date It shall be a condition to the Effective Date that each of the following conditions shall have been satisfied or waived as of such date, and upon such satisfaction or waiver, this Agreement shall be effective:

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