Common use of Closing; Funding Clause in Contracts

Closing; Funding. The execution and delivery of this Agreement by the Constituent Companies and each of the Purchasers shall occur at the offices of Xxxxxx Xxxxxx LLP, 000 Xxxxx Xxxxxx, at 11:00 a.m., New York, New York time, at a closing (the “Closing”) on November 15, 2004 or on such other Business Day thereafter on or prior to December 14, 2004 as may be agreed upon by the Constituent Companies and the Purchasers. The sale and purchase of the Notes to be purchased by each Purchaser shall occur at the offices of Xxxxxx Xxxxxx LLP, 000 Xxxxx Xxxxxx, at 11:00 a.m., New York, New York time on December 14, 2004 or on such other Business Day thereafter as may be agreed upon by the Constituent Companies and the Purchasers (the “Funding Date”). On the Funding Date, the Issuer will deliver to each Purchaser the Notes to be purchased by such Purchaser in the form of a single Note (or such greater number of Notes in denominations of at least $100,000 as such Purchaser may request) dated the Funding Date and registered in such Purchaser’s name (or in the name of its nominee), against delivery by such Purchaser to the Issuer or its order of immediately available funds in the amount of the purchase price therefor by wire transfer of immediately available funds for the account of the Issuer. If on the Funding Date the Issuer shall fail to tender such Notes to any Purchaser as provided above in this Section 3, or any of the conditions specified in Section 5 shall not have been fulfilled to such Purchaser’s satisfaction, such Purchaser shall, at its election, be relieved of all further obligations under this Agreement, without thereby waiving any rights such Purchaser may have by reason of such failure or such nonfulfillment.

Closing; Funding. The execution and delivery of this Agreement by the Constituent Companies and each of the Purchasers shall occur at the offices of Xxxxxx Xxxxxx LLP, 000 Xxxxx Xxxxxx, at 11:00 a.m.Xxxxx 0000, New YorkXxx Xxxx, New York timeXxx Xxxx 00000, at a closing (the “Closing”) on November 15, 2004 or on such other Business Day thereafter on or prior to December 14, 2004 as may be agreed upon by the Constituent Companies and the Purchasers2017. The sale and purchase of the Notes to be purchased by each Purchaser shall occur at the offices of Xxxxxx Xxxxxx LLP, 000 Xxxxx Xxxxxx, Xxxxx 0000, Xxx Xxxx, Xxx Xxxx 00000, at 11:00 a.m., New YorkYork time, New York time on December 14February 7, 2004 2018 or on such other Business Day thereafter as may be agreed upon by the Constituent Companies Company and the Purchasers (the “Funding Date”). On the Funding Date, the Issuer Company will deliver to each Purchaser the Notes to be purchased by such Purchaser in the form of a single Note (or such greater number of Notes in denominations of at least $100,000 as such Purchaser may request) dated the Funding Date and registered in such Purchaser’s name (or in the name of its nominee), against delivery by such Purchaser to the Issuer Company or its order of immediately available funds in the amount of the purchase price therefor by wire transfer of immediately available funds for to the account of the IssuerCompany set forth in the funding instructions delivered by the Company pursuant to Section 5.10. If on the Funding Date the Issuer Company shall fail to tender such the Notes to be purchased by any Purchaser as provided above in this Section 3, or any of the conditions specified in Section 5 shall not have been fulfilled to such Purchaser’s satisfaction, such Purchaser shall, at its election, be relieved of all further obligations under this Agreement, without thereby waiving any rights such Purchaser may have by reason of such failure or such nonfulfillment.

Closing; Funding. The execution and delivery of this Agreement by the Constituent Companies and each of the Purchasers shall occur at the offices of Xxxxxx Xxxxxx LLP, 000 Xxxxx Xxxxxx, at 11:00 a.m.Xxxxx 0000, New YorkXxx Xxxx, New York timeXxx Xxxx 00000, at a closing (the “Closing”) on November 15July 29, 2004 2011 or on such other Business Day thereafter on or prior to December 14August 5, 2004 2011 as may be agreed upon by the Constituent Companies Company and the Purchasers. The sale and purchase of the Notes to be purchased by each Purchaser shall occur at the offices of Xxxxxx Xxxxxx LLP, 000 Xxxxx Xxxxxx, Xxxxx 0000, Xxx Xxxx, Xxx Xxxx 00000, at 11:00 a.m., New YorkYork time, New York time on December 141, 2004 2011 or on such other Business Day thereafter on or prior to December 9, 2011 as may be agreed upon by the Constituent Companies Company and the Purchasers (the “Funding Date”). On the Funding Date, the Issuer Company will deliver to each Purchaser the Notes to be purchased by such Purchaser in the form of a single Note (or such greater number of Notes in denominations of at least $100,000 as such Purchaser may request) dated the Funding Date and registered in such Purchaser’s name (or in the name of its nominee), against delivery by such Purchaser to the Issuer Company or its order of immediately available funds in the amount of the purchase price therefor by wire transfer of immediately available funds for to the account of the IssuerCompany set forth in the funding instructions delivered by the Company pursuant to Section 5.10. If on the Funding Date the Issuer Company shall fail to tender such the Notes to be purchased by any Purchaser as provided above in this Section 3, or any of the conditions specified in Section 5 shall not have been fulfilled to such Purchaser’s satisfaction, such Purchaser shall, at its election, be relieved of all further obligations under this Agreement, without thereby waiving any rights such Purchaser may have by reason of such failure or such nonfulfillment.