Delivery of Notes and Warrants. The Company shall have delivered the Notes and the Warrants to the Investors, as specified in Section 1.
Delivery of Notes and Warrants. The Company shall have executed and delivered to such Buyer the Notes and the Warrants (in such denominations as such Buyer shall reasonably request) for the Notes and the Warrants being purchased by such Buyer at the Closing.
Delivery of Notes and Warrants. On the Closing Date, there shall have been delivered to each Lender and Warrantholder the appropriate Notes or Warrants, as the case may be, in accordance with Sections 2.04(e) and 2.11, in each case executed by the Borrower and in form and substance provided for herein.
Delivery of Notes and Warrants. The Company shall have executed and delivered to such Buyer the Notes and the Warrants (in such denominations of not less than One Thousand United States Dollars ($1,000) as such Buyer shall reasonably request) for the Notes and the Warrants being purchased by such Buyer at the Closing.
Delivery of Notes and Warrants. The Company shall have delivered the fully executed Notes and Warrants to the Investor.
Delivery of Notes and Warrants. The Notes and the Warrants as specified in Section 1 in the names and amounts set forth on the Schedule of Investors, duly executed by the Company.
Delivery of Notes and Warrants. (a) Upon exercise of this Unit Warrant, the Company shall promptly (but in no event later than three Trading Days after the Initial Exercise Date or Subscription Dates, (as applicable, the "EXERCISE DATE"), issue or cause to be issued and cause to be delivered to or upon the written order of the Holder and in such name or names as the Holder may designate, (i) a Note in the principal amount indicated by the Holder in the Exercise Notice or Subscription Offer, as applicable, (ii) a Warrant exercisable for the appropriate number of Warrant Shares based on the principal amount of the Note purchased pursuant to such Exercise Notice or Subscription Offer, as applicable, and as calculated pursuant to the introductory paragraph of this Unit Warrant, (iii) the legal opinions of Company Counsel, substantially in the form of EXHIBITS A and B hereto, executed by such counsel and delivered to the Holder, and (iv) a certificate from an officer of the Company that each of the representations and warranties of the Company set forth in Section 3.1 of the Purchase Agreement is true and correct as of the date when made and as of the applicable Exercise Date as though made on and as of such date, and each of the other conditions set forth in Section 5.1 of the Purchase Agreement has been satisfied as of the applicable Exercise Date. The Holder, or any Person so designated by the Holder to receive the Note and Warrant, shall be deemed to have become the holder of record of such Note and Warrant as of the applicable Exercise Date.
(b) This Unit Warrant is exercisable, either in its entirety or for a portion of the Additional Unit. Upon surrender of this Unit Warrant in connection with the Initial Exercise Date, the Company shall issue or cause to be issued, at its expense, a New Unit Warrant evidencing the right to purchase the remaining portion of the Additional Unit.
(c) The Company's obligations to issue and deliver the Notes and the Warrants in accordance with the terms hereof are absolute and unconditional, irrespective of any action or inaction by the Holder to enforce the same, any waiver or consent with respect to any provision hereof, the recovery of any judgment against any Person or any action to enforce the same, or any setoff, counterclaim, recoupment, limitation or termination, or any breach or alleged breach by the Holder or any other Person of any obligation to the Company or any violation or alleged violation of law by the Holder or any other Person, and irres...
Delivery of Notes and Warrants. On the day of the Closing, the Company shall deliver the Notes and the Warrants to the Investor by overnight courier to the address designated by the Investor on the signature page of this Subscription Agreement.
Delivery of Notes and Warrants. The Company shall have executed and delivered to such Buyer the Notes (in such denominations of not less than One Thousand United States Dollars ($1,000) as such Buyer shall reasonably request) and Warrants for the Notes and Warrants being purchased by such Buyer at the Closing; provided, that Notes eligible for settlement through DTC shall be issued, countersigned, registered and delivered in global certificate form through the facilities of DTC in such names and denominations as each Buyer shall specify.
Delivery of Notes and Warrants. As promptly as practicable after consummating the transactions contemplated hereby, each Securityholder shall deliver to the Company the Note or Notes held by such Securityholder (or such other evidence indicating such Note or Notes have been lost, stolen or misplaced, in the form of an affidavit reasonably acceptable to the Company). In the event the Company obtains the Gaming Approvals described in Sections 3.9 and 3.10 of the A&R Investor Rights Agreement, prior to receipt by any Securityholder of such Securityholder’s A&R Warrant or A&R Warrants, as the case may be, such Securityholder shall have delivered its Note(s) and / or its Warrant(s) (or such affidavit) to the Company.
