Common use of Delayed Draw Note Closing Date Clause in Contracts

Delayed Draw Note Closing Date. The sale and delivery of any Delayed Draw Notes to be issued pursuant to Section 2.01(b) shall take place at the offices of Akin Gump Xxxxxx Xxxxx & Xxxx LLP, Xxx Xxxxxx Xxxxxx, New York, NY 10036, at 10:00 A.M. New York City time on the Delayed Draw Note Closing Date specified for such issuance in the Notice of Issuance (or such other time and place as the parties hereto shall agree). On any Delayed Draw Note Closing Date, subject to satisfaction of the conditions set forth herein, the Issuer will deliver to each Purchaser holding an undrawn Delayed Draw Note Commitment with respect to such Delayed Draw Notes, a Delayed Draw Note or Delayed Draw Notes registered in such Purchaser’s name or in the name of its nominee, such Delayed Draw Notes to be duly executed and dated the applicable Delayed Draw Note Closing Date, in an aggregate principal amount equal to the amount of Delayed Draw Notes allocated to such Purchaser on a pro rata basis in accordance with its respective Delayed Draw Note Commitment with respect to such Delayed Draw Notes (which in no event shall exceed the amount of such Purchaser’s Delayed Draw Note Commitment with respect to such Delayed Draw Notes at such time), such Delayed Draw Notes to be in such denominations as such Purchaser may specify by two (2) Business Days’ prior written notice to the Issuer (or, in the absence of such notice, one Delayed Draw Note registered in such Purchaser’s name in such aggregate principal amount), against such Purchaser’s delivery to the Issuer of immediately available funds in an amount equal to the aggregate principal amount of such Delayed Draw Notes so purchased by such Purchaser.

Appears in 2 contracts

Samples: Note Purchase Agreement (OptiNose, Inc.), Note Purchase Agreement (OptiNose, Inc.)

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Delayed Draw Note Closing Date. The sale and delivery of any Delayed Draw Notes to be issued pursuant to Section 2.01(b) shall take place at the offices of Akin Gump Xxxxxx Xxxxx Xxxxxxxxx & Xxxx Xxxxxxx LLP, Xxx 000 Xxxxxx Xxxxxx, New YorkXxx Xxxx, NY 10036XX 00000, at 10:00 A.M. A.M., New York City time on the Delayed Draw Note Closing Date specified for such issuance in the Notice of Issuance (or such other time 36 \DC - 031561/000013 - 10875187 v5 \DC - 031561/000013 - 10875187 v7 \DC - 031561/000013 - 10875187 v9 and place as the parties hereto shall agree). On any the Delayed Draw Note Closing Date, subject to satisfaction of the conditions set forth herein, the US Issuer will deliver to each Purchaser holding an undrawn Delayed Draw Note Commitment with respect to such Delayed Draw Notes, a an Delayed Draw Note or Delayed Draw Notes registered in such Purchaser’s name or in the name of its nominee, such Delayed Draw Notes to be duly executed and dated the applicable Delayed Draw Note Closing Date, in an aggregate principal amount equal to the amount of Delayed Draw Notes allocated to such Purchaser on a pro rata basis in accordance with its respective Delayed Draw Note Commitment with respect to such Delayed Draw Notes (which in no event shall exceed the amount of such Purchaser’s Delayed Draw Note Commitment with respect to such Delayed Draw Notes at such time), such Delayed Draw Notes to be in such denominations as such Purchaser may specify by two (2) Business Days’ prior written notice to the US Issuer (or, in the absence of such notice, one Delayed Draw Note registered in such Purchaser’s name in such aggregate principal amount), against such Purchaser’s delivery to the US Issuer of immediately available funds in an amount equal to the aggregate principal amount of such Delayed Draw Notes so purchased by such Purchaser.

Appears in 1 contract

Samples: Note Purchase Agreement (OptiNose, Inc.)

Delayed Draw Note Closing Date. The sale and delivery of any Delayed Draw Notes to be issued pursuant to Section 2.01(b) shall take place at the offices of Akin Gump Xxxxxx Xxxxx Xxxxxxxxx & Xxxx Xxxxxxx LLP, Xxx 000 Xxxxxx Xxxxxx, New YorkXxx Xxxx, NY 10036XX 00000, at 10:00 A.M. A.M., New York City time on the Delayed Draw Note Closing Date specified for such issuance in the Notice of Issuance (or such other time and place as the parties hereto shall agree). On any the Delayed Draw Note Closing Date, subject to satisfaction \DC - 031561/000013 - 10875187 v5 \DC - 031561/000013 - 10875187 v7 \DC - 031561/000013 - 10875187 v9 of the conditions set forth herein, the US Issuer will deliver to each Purchaser holding an undrawn Delayed Draw Note Commitment with respect to such Delayed Draw Notes, a an Delayed Draw Note or Delayed Draw Notes registered in such Purchaser’s name or in the name of its nominee, such Delayed Draw Notes to be duly executed and dated the applicable Delayed Draw Note Closing Date, in an aggregate principal amount equal to the amount of Delayed Draw Notes allocated to such Purchaser on a pro rata basis in accordance with its respective Delayed Draw Note Commitment with respect to such Delayed Draw Notes (which in no event shall exceed the amount of such Purchaser’s Delayed Draw Note Commitment with respect to such Delayed Draw Notes at such time), such Delayed Draw Notes to be in such denominations as such Purchaser may specify by two (2) Business Days’ prior written notice to the US Issuer (or, in the absence of such notice, one Delayed Draw Note registered in such Purchaser’s name in such aggregate principal amount), against such Purchaser’s delivery to the US Issuer of immediately available funds in an amount equal to the aggregate principal amount of such Delayed Draw Notes so purchased by such Purchaser.

Appears in 1 contract

Samples: Note Purchase Agreement (OptiNose, Inc.)

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Delayed Draw Note Closing Date. The sale and delivery of any Delayed Draw Notes to be issued pursuant to Section 2.01(b) shall take place at the offices of Akin Gump Xxxxxx Xxxxx Xxxxxxxxx & Xxxx Xxxxxxx LLP, Xxx 000 Xxxxxx Xxxxxx, New YorkXxx Xxxx, NY 10036XX 00000, at 10:00 A.M. A.M., New York City time on the Delayed Draw Note Closing Date specified for such issuance in the Notice of Issuance (or such other time and place as the parties hereto shall agree). On any the Delayed Draw Note Closing Date, subject to satisfaction 36 \DC - 031561/000013 - 10875187 v5 \DC - 031561/000013 - 10875187 v7 \DC - 031561/000013 - 10875187 v9 of the conditions set forth herein, the US Issuer will deliver to each Purchaser holding an undrawn Delayed Draw Note Commitment with respect to such Delayed Draw Notes, a an Delayed Draw Note or Delayed Draw Notes registered in such Purchaser’s name or in the name of its nominee, such Delayed Draw Notes to be duly executed and dated the applicable Delayed Draw Note Closing Date, in an aggregate principal amount equal to the amount of Delayed Draw Notes allocated to such Purchaser on a pro rata basis in accordance with its respective Delayed Draw Note Commitment with respect to such Delayed Draw Notes (which in no event shall exceed the amount of such Purchaser’s Delayed Draw Note Commitment with respect to such Delayed Draw Notes at such time), such Delayed Draw Notes to be in such denominations as such Purchaser may specify by two (2) Business Days’ prior written notice to the US Issuer (or, in the absence of such notice, one Delayed Draw Note registered in such Purchaser’s name in such aggregate principal amount), against such Purchaser’s delivery to the US Issuer of immediately available funds in an amount equal to the aggregate principal amount of such Delayed Draw Notes so purchased by such Purchaser.. 2.06

Appears in 1 contract

Samples: Note Purchase Agreement

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