Common use of Deliveries by the Investor Clause in Contracts

Deliveries by the Investor. Subject to the terms and conditions hereof, at the Closing, the Investor will deliver the following to the Company, which shall be a condition to the Investor receiving the Initial Share: (a) The payment for the Initial Share payable by the Investor in accordance with Section 2.1(b) of this Agreement; (b) A copy of the Shareholders Agreement, duly executed by the Investor and providing that the Investor shall be an “Other Shareholder” (as defined in the Shareholders Agreement) thereunder; (c) The duly executed consent of the Investor, consenting to the slate of director nominees to the Board recommended by the current Board or notifying the Company that such Investor intends to nominate its own slate of director nominees to the Board in a special election provided for under the Bye-laws that was provided to the Company at the time of execution of this Agreement; and (d) All other documents, instruments and writings reasonably required to be delivered to the Company by the Investor at or prior to the Closing pursuant to this Agreement. For purposes of Section 2.3(b), the Investor hereby (i) acknowledges that it has delivered to the Company a signature page to the Shareholders Agreement that has been duly executed by the Investor and (ii) irrevocably authorizes the Company, at its sole election, to append such signature page to the Shareholders Agreement, in substantially the form of Exhibit B, at the Closing (and the Investor agrees that upon such signature page being so appended, the Shareholders Agreement will be deemed to have been duly executed and delivered by the Investor).

Deliveries by the Investor. Subject to the terms and conditions hereof, at the Closing, the Investor will deliver the following to the Company, which shall be a condition to the Investor receiving the Initial ShareShares: (a) The payment for the Initial Share Shares payable by the Investor in accordance with Section 2.1(b) of this Agreement; (b) A copy of the Shareholders Agreement, duly executed by the Investor and providing that the Investor shall be an “Other Apollo Shareholder” (as defined in the Shareholders Agreement) thereunder; (c) The duly executed consent of the Investor, consenting to the slate of director nominees to the Board recommended by the current Board or notifying the Company that such Investor intends to nominate its own slate of director nominees to the Board in a special election provided for under the Bye-laws that was provided to the Company at the time of execution of this Agreement; and (d) All other documents, instruments and writings reasonably required to be delivered to the Company by the Investor at or prior to the Closing pursuant to this Agreement. For purposes of Section 2.3(b), the Investor hereby (i) acknowledges that it has delivered to the Company a signature page to the Shareholders Agreement that has been duly executed by the Investor and (ii) irrevocably authorizes the Company, at its sole election, to append such signature page to the Shareholders Agreement, in substantially the form of Exhibit B, at the Closing (and the Investor agrees that upon such signature page being so appended, the Shareholders Agreement will be deemed to have been duly executed and delivered by the Investor).