Concurrent Actions. The actions described in Section 5.3 until 5.4 shall be deemed to take place concurrently.
Concurrent Actions. The parties intend that concurrent with the execution hereof:
13.1. Holding will obtain the opinion of BT Alex. Xxxxx Incorporated with respect to the fairness, from a financial point of view, of the transaction contemplated by this Agreement to the shareholders of Holding (the "Fairness Opinion"), in form and substance satisfactory to Holding, and deliver a copy thereof to the Purchaser.
13.2. The Purchaser (or its subsidiary) will have entered into an employment agreement with Xxxxxxx X. Xxxxxx, in form and substance satisfactory to the Purchaser, to be effective as of the Closing Date.
13.3. The parties will make all filings under the HSR Act with respect to the transactions contemplated hereby, and will request early termination of the waiting period under the HSR Act.
Concurrent Actions. In the event of the Borrower defaulting in payment of any sums due or payable hereunder whether or not a demand is required or has been made or in the event of the Borrower failing to observe or perform any of the provisions of this Agreement it shall be lawful for the Security Agent forthwith to institute such lawful for the Security Agent forthwith to institute such proceedings and take such steps as it may think fit to enforce or exercise of all or any of the rights and remedies available whether under all or some of the Security Documents or by statute or otherwise and the Security Agent shall be entitled to exercise such rights and remedies concurrently.
Concurrent Actions. Concurrently with the execution of this Agreement, the following actions have taken place:
Concurrent Actions. Concurrently with the execution of this Agreement, the following actions have taken place:
3.1 JEDI has delivered $10 million by wire transfer to the General Partner, of which $9.9 million shall be for the purchase of the Units and $100,000 shall be for the purchase of the Common Stock, and contemporaneously therewith the General Partner shall deliver to JEDI certificates representing the 5,135 shares of Common Stock;
Concurrent Actions. 2 ARTICLE 3. COVENANTS...........................................................3
Concurrent Actions. Concurrently with the Closing the following actions are being taken:
(a) the Company and the Purchasers are entering into a registration rights agreement in the form attached hereto as Exhibit C (the "SERIES C REGISTRATION AGREEMENT");
(b) the Purchasers are entering into a voting agreement in the form of Exhibit D attached hereto, which voting agreement will be respected by the Company (the "SERIES C VOTING AGREEMENT");
(c) various holders of the Company's Series B Convertible Preferred Stock (the "SERIES B PREFERRED"), who are all parties to that certain Voting Agreement among them dated May 17, 2002 (the "SERIES B VOTING AGREEMENT"), and including James P. Jimirro not only in his capacity as a holder of Series X Xxxxxxxxx xxt also in his individual capacity apart therefrom, in order to approve certain anticipated changes in the terms of the Series B Preferred and warrants issued to the holders of the Series B Preferred and in order to consent to the issuance and sale of the Series C Preferred, have executed and at, or prior to, the Closing are delivering to the Purchasers copies of a Second Amendment to Voting Agreement and Consents of Series B Holders and Others in the form of Exhibit E hereto (the "SECOND AMENDMENT");
(d) the holders of Series B Preferred who are not parties to the Series B Voting Agreement have executed and at the Closing are delivering to the Purchasers a copy of their written consent to the issuance and sale of the Series C Preferred and to certain other matters, all in the form of Exhibit F attached hereto (the "SERIES B CONSENT").
Concurrent Actions. 37 Section 7.04 Conditions Precedent for the Benefit of the Lenders................................. 38 Section 7.05 No Waiver........................................................................... 38
Concurrent Actions. Concurrent with the execution and delivery of this ------------------ Agreement:
(a) Amendment No. 2 to Strategic Stockholders Agreement. Xxxxx, the --------------------------------------------------- Company, and each other party to the Strategic Stockholders Agreement have executed and delivered among themselves counterparts of an Amendment No. 2 to Strategic Stockholders Agreement (the "Amendment"), in the form of Exhibit "A" to this Agreement.
Concurrent Actions. 2 SECTION 2.1. Deliveries by the Parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
