Change of Closing Date Sample Clauses

Change of Closing Date. Subject to the termination provisions contained in section 13, if a material change or a change in a material fact occurs or is discovered prior to the Closing Date, the Closing Date shall be, unless Pretivm, Silver Standard and the Underwriters otherwise agree in writing or unless otherwise required under Canadian Securities Laws, the sixth Business Day following the later of: (a) the date on which all applicable filings or other requirements of Canadian Securities Laws with respect to such material change or change in a material fact have been complied with in all Qualifying Provinces and any appropriate receipt obtained for such filings and notice of such filings from Pretivm or its counsel have been received by the Underwriters; and (b) the date upon which the commercial copies of any Prospectus Amendments have been delivered in accordance with section 4(c).
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Change of Closing Date. Subject to the termination provisions contained in Section 18, if a material change or a change in a material fact occurs prior to the Closing Date or an Option Closing Date, if applicable, the Closing Date or the Option Closing Date, as the case may be, shall be, unless the Corporation, the Selling Shareholder and the Underwriters otherwise agree in writing or unless otherwise required under Canadian Securities Laws, the sixth Business Day following the later of: (a) the date on which all applicable filings or other requirements of Canadian Securities Laws with respect to such material change or change in a material fact have been complied with in all Qualifying Jurisdictions and any appropriate receipt(s) obtained for such filings and notice of such filings from the Corporation or its counsel have been received by the Underwriters and the Selling Shareholder; and (b) the date upon which the commercial copies of any Supplementary Materials have been delivered in accordance with Section 10.
Change of Closing Date. Subject to Section 14, if a material change or a change in a material fact occurs prior to the Closing Date, the Closing Date shall be, unless the Company and the Agent otherwise agree in writing, the tenth Business Day following the later of: (a) the date on which all applicable filing or other requirements of the Canadian Securities Laws with respect to such material change or change in a material fact have been complied with in all applicable Qualifying Provinces and any appropriate receipts obtained for such filings and notice of such filings from the Company or its counsel has been received by the Agent; and (b) the date upon which the commercial copies of any Supplementary Material have been delivered in accordance with paragraph 5(d).
Change of Closing Date. Subject to Section 14, if a material change or a change in a material fact such as is contemplated by Section 7 occurs prior to the Closing Date, the Closing Date shall be, unless the Fund and the Agents otherwise agree in writing, and provided that all applicable periods during which all purchasers may withdraw subscriptions under Canadian Securities Laws have expired, the sixth Business Day following the later of: (a) the date on which all applicable filings or other requirements of the Canadian Securities Laws with respect to such material change or change in a material fact have been complied with in all applicable Qualifying Jurisdictions and any appropriate receipts obtained for such filings and notice of such filings from the Fund or its counsel have been received by the Agents; and (b) the date upon which the commercial copies of any Prospectus or any Prospectus Amendments have been delivered in accordance with 5.
Change of Closing Date. Subject to the termination provisions contained in Section 20, if a material change or a change in a material fact relating to the Corporation or any matter disclosed in the Final Prospectus occurs prior to the Closing Date or the Option Closing Date, if the Over-Allotment Option is exercised, the Closing Date or the Option Closing Date, as applicable, shall be, unless the Corporation and the Agents otherwise agree in writing or unless otherwise required under Canadian Securities Laws, the sixth Business Day following the later of: (a) the date on which all applicable filings or other requirements of Canadian Securities Laws with respect to such material change or change in a material fact have been complied with in all Qualifying Jurisdictions and any appropriate receipt(s) obtained for such filings and notice of such filings from the Corporation or its counsel have been received by the Agents; and (b) the date upon which the commercial copies of any Prospectus Amendments have been delivered in accordance with Section 10.
Change of Closing Date. Subject to the termination provisions contained in section 13, if a material change or a change in a material fact occurs or is discovered prior to the Closing Date, the Closing Date shall be, unless the Company and the Underwriters otherwise agree in writing or unless otherwise required under Canadian Securities Laws, the sixth Business Day following the later of: (a) the date on which all applicable filings or other requirements of Canadian Securities Laws with respect to such material change or change in a material fact have been complied with in all Qualifying Provinces and any appropriate receipt obtained for such filings and notice of such filings from the Company or its counsel have been received by the Underwriters; and (b) the date upon which the commercial copies of any Prospectus Amendments have been delivered in accordance with section 4(c).
Change of Closing Date. Subject to the termination provisions contained in Section 17, if a material change or a change in a material fact occurs prior to the Closing Date, the Closing Date shall be, unless the Corporation and the Agent otherwise agree in writing or unless otherwise required under applicable Securities Laws, the fifth (5th) Business Day following the later of: (a) the date on which all applicable filings or other requirements of applicable Securities Laws with respect to such material change or change in a material fact have been complied with in all Qualifying Jurisdictions and any appropriate receipt(s) obtained for such filings and notice of such filings from the Corporation or its counsel have been received by the Agent; and (b) the date upon which the commercial copies of any Supplementary Material have been delivered in accordance with Section 6.
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Change of Closing Date. Subject to the termination provisions contained in section 14, if a material change or a change in a material fact occurs or is discovered prior to the Closing Date, the Closing Date shall be, unless the Fund and the Underwriters otherwise agree in writing or unless otherwise required under Canadian Securities Laws, the sixth Business Day following the later of: (i) the date on which all applicable filings or other requirements of Canadian Securities Laws with respect to such material change or change in a material fact have been complied with in all Qualifying Provinces and any appropriate MRRS decision documents obtained for such filings and notice of such filings from the Fund or its counsel have been received by the Underwriters; and (ii) the date upon which the commercial copies of any Prospectus Amendments have been delivered in accordance with section 4(c).
Change of Closing Date. The Closing shall occur on a date selected by the Seller that is no less than 45 days after April 22, 2016, Hawaii time/April 23, 2016, Hong Kong time and no later than December 31, 2016, Hawaii time/January 1, 2017, Hong Kong time. If any of the Seller’s conditions to the Closing has not been satisfied or waived by the Purchaser on or before the Closing Date, the Purchaser shall give written notice to the Seller describing the condition which has not been satisfied or waived, and the Closing Date shall be postponed for 10 days from the date of such written notice. If any of the aforementioned conditions has not been satisfied or waived during such 10 days period, the Seller may elect to postpone the Closing Date up to December 31, 2016, Hawaii time/January 1, 2017, Hong Kong time, so long as the Seller is diligently attempting to obtain satisfaction of such condition. The Seller may further elect to extend the Closing Date to March 31, 2017, Hawaii time/April 1, 2017, Hong Kong time, subject to (i) an agreement in writing that the Seller will pay an additional Breakup Fee for an amount of US$125,000 (equivalent to approximately HK$1.0 million); and

Related to Change of Closing Date

  • Closing The closing of the sale of the Mortgage Loans (the “Closing”) shall be held at the offices of special counsel to the Purchaser at 10:00 a.m., New York City time, on the Closing Date. The Closing shall be subject to each of the following conditions: (i) All of the representations and warranties of the Mortgage Loan Seller and the Purchaser made pursuant to Section 4 of this Agreement shall be true and correct in all material respects as of the Closing Date (or as of such other specific date expressly contemplated by any such representation or warranty); (ii) All documents specified in Section 7 of this Agreement (the “Closing Documents”), in such forms as are agreed upon and reasonably acceptable to the Purchaser and, in the case of the Pooling and Servicing Agreement (insofar as such Agreement affects the obligations of the Mortgage Loan Seller hereunder or the rights of the Mortgage Loan Seller as a third party beneficiary thereunder), to the Mortgage Loan Seller, shall be duly executed and delivered by all signatories as required pursuant to the respective terms thereof; (iii) The Mortgage Loan Seller shall have delivered and released to the Purchaser or its designee, all documents, funds and other assets required to be delivered thereto on or before the Closing Date pursuant to Section 2 of this Agreement; (iv) The result of any examination of the Mortgage Files for, and any other documents and records relating to, the Mortgage Loans performed by or on behalf of the Purchaser pursuant to Section 3 hereof shall be satisfactory to the Purchaser in its reasonable determination; (v) All other terms and conditions of this Agreement required to be complied with on or before the Closing Date shall have been complied with in all material respects, and the Mortgage Loan Seller shall have the ability to comply with all terms and conditions and perform all duties and obligations required to be complied with or performed by it after the Closing Date; (vi) The Mortgage Loan Seller shall have paid all fees and expenses payable by it to the Purchaser or otherwise pursuant to this Agreement; (vii) The Mortgage Loan Seller shall have received the purchase price for the Mortgage Loans, as contemplated by Section 1 of this Agreement; (viii) Neither the Underwriting Agreement nor the Certificate Purchase Agreement shall have been terminated in accordance with its terms; and (ix) The Commission shall not have issued any stop order suspending the effectiveness of the Purchaser’s Registration Statement. (x) Prior to the delivery of the Preliminary Prospectus to investors, an officer of the Mortgage Loan Seller shall have delivered to the Depositor a sub-certification (the “Mortgage Loan Seller Sub-Certification”) to the certification provided by the Chief Executive Officer of the Depositor to the Securities and Exchange Commission pursuant to Regulation AB. Each of the parties agrees to use their commercially reasonable best efforts to perform their respective obligations hereunder in a manner that will enable the Purchaser to purchase the Mortgage Loans on the Closing Date.

  • Closing Date Subject to the satisfaction (or written waiver) of the conditions thereto set forth in Section 6 and Section 7 below, the date and time of the issuance and sale of the Note pursuant to this Agreement (the “Closing Date”) shall be 12:00 noon, Eastern Standard Time on or about April 12, 2023, or such other mutually agreed upon time. The closing of the transactions contemplated by this Agreement (the “Closing”) shall occur on the Closing Date at such location as may be agreed to by the parties.

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