Conditions to Company’s Obligations at the Second Closing. The Company’s obligation to complete the sale and issuance of the Second Closing Securities and deliver the Second Closing Securities to the Purchaser at the Second Closing shall be subject to the following conditions to the extent not waived by the Company:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Transphorm, Inc.), Securities Purchase Agreement (KKR Phorm Investors L.P.)
Conditions to Company’s Obligations at the Second Closing. The Company’s obligation obligations to complete effect the sale Second Closing with the Investors are conditioned upon the fulfillment (or waiver by the Company in its sole and issuance absolute discretion) of each of the following events as of the Second Closing Securities and deliver the Second Closing Securities to the Purchaser at the Second Closing shall be subject to the following conditions to the extent not waived by the CompanyDate:
Appears in 1 contract
Conditions to Company’s Obligations at the Second Closing. The Company’s obligations to effect the Second Closing, including, without limitation, its obligation to complete sell and issue the sale Note to the Investor at the Second Closing, are conditioned upon the fulfillment (or waiver by the Company in its sole and issuance absolute discretion) of each of the following events as of the Second Closing Securities and deliver the Second Closing Securities to the Purchaser at the Second Closing shall be subject to the following conditions to the extent not waived by the CompanyDate:
Appears in 1 contract
Samples: Note Purchase Agreement (Ener1 Inc)
