Delivery of Closing Notice. Subject to the terms and conditions herein, the Company may deliver Closing Notice to the Investor anytime during the Commitment Period. The Closing Notice shall be in the form attached hereto and incorporated herein by reference.
Delivery of Closing Notice. The Purchaser shall, from time to time in its sole and absolute discretion, deliver an irrevocable written notice (each, a “Closing Notice”), in the form attached hereto as Exhibit D, to the Company stating that the Purchaser is exercising its right to purchase Purchased Shares, the number of Purchased Shares which the Purchaser will purchase from the Company at the applicable Tranche Purchase Price. A Closing Notice delivered by the Purchaser to the Company by 2:30 p.m. Eastern time on any Trading Day shall be deemed delivered on the same day. A Closing Notice delivered by the Purchaser to the Company after 2:30 p.m. Eastern time on any Trading Day, or at any time on a non-Trading Day, shall be deemed delivered on the next Trading Day. The date that the Closing Notice is deemed delivered is the “Closing Notice Date.” Each Closing Notice shall be delivered via facsimile or electronic mail, with confirming copy by overnight carrier, in each case to the address set forth after the signature page hereof.
Delivery of Closing Notice. On the Trading Day following the last Trading Day of each Pricing Period (the “Closing Notice Date”), the Investor shall deliver a Closing Notice to the Company stating:
Delivery of Closing Notice. The Company shall, in accordance with the dates provided for in this Section 2.3, deliver an irrevocable written notice (each, a “Closing Notice”), in the form attached hereto as Exhibit E, to the Purchaser, stating that the Company has fulfilled its obligations necessary for the applicable Tranche Closing to occur, and indicate the Tranche Closing Date, together with the number of Preferred Shares which the Purchaser shall purchase from the Company and the aggregate purchase price for such Preferred Shares which shall be equal to the number of Preferred Shares being purchased multiplied by the Series A Share Price (in each case, the “Tranche Purchase Price”). A Closing Notice delivered by the Company to the Purchaser by 2:30 p.m. Eastern time on any Trading Day shall be deemed delivered on the same day. A Closing Notice delivered by the Company to the Purchaser after 2:30 p.m. Eastern time on any Trading Day, or at any time on a non-Trading Day, shall be deemed delivered on the next Trading Day. The date that the Closing Notice is deemed delivered is the “Closing Notice Date.” Each Closing Notice shall be delivered via facsimile or electronic mail, with confirming copy by overnight carrier, in each case to the address set forth after the signature page hereof.
