Documents Required to be Delivered on the Put Date as Conditions to Closing of any Put. The Closing of any Put and Investor's obligations hereunder shall additionally be conditioned upon the delivery to the Investor of each of the following (the "Required Put Documents") on or before the applicable Put Date:
(a) a number of Unlegended Share Certificates (or freely tradeable electronically delivered shares, as appropriate) equal to the Intended Put Share Amount, in denominations of not more than 50,000 shares per certificate;
(b) the following documents: Put Opinion of Counsel, Officer's Certificate, Put Notice, Registration Opinion, and any report or disclosure required under Section 2.3.6 or Section 2.5;
(c) all documents, instruments and other writings required to be delivered on or before the Put Date pursuant to any provision of this Agreement in order to implement and effect the transactions contemplated herein.
Documents Required to be Delivered. BNYMCM’s obligation to sell Common Shares pursuant to an Issuance hereunder shall additionally be conditioned upon the delivery to BNYMCM on or before the Issuance Date of a certificate in form and substance reasonably satisfactory to BNYMCM, executed by any Executive Vice President or the Chief Financial Officer of the Company, to the effect that all conditions to the delivery of such Issuance Notice shall have been satisfied as at the date of such certificate (which certificate shall not be required if the foregoing representations shall be set forth in the Issuance Notice).
Documents Required to be Delivered on the Put Date as Conditions to Closing of any Put. The Closing of any Put and Investor's obligations hereunder shall additionally be conditioned upon the delivery to the Investor of each of the following (the "Required Put Documents") on or before the applicable Put Date:
(a) a number of Unlegended Share Certificates (or freely tradeable electronically delivered shares, as appropriate) equal to the Intended Put Share Amount, in denominations of not more than 50,000 shares per certificate;
(b) the following documents: Put Opinion of Counsel, Officer's Certificate, Put Notice, Registration Opinion, and any report or disclosure required under Section 2.3.6 or Section 2.5, provided that the Company shall not be required to provide a "Bring Down Cold Comfort Letter," as defined below, if the Company has filed either a Form 10-Q or a Form 10-K within the twenty (20) Business Days immediately preceding the Put Date for such Put;
(c) all documents, instruments and other writings required to be delivered on or before the Put Date pursuant to any provision of this Agreement in order to implement and effect the transactions contemplated herein.
Documents Required to be Delivered on the Put Date as Conditions to Closing of any Put. The Closing of any Put and Investor's obligations hereunder shall additionally be conditioned upon the delivery to the Investor of each of the following (the "Required Put Documents") on or before the applicable Put Date:
(a) a number of DWAC Put Shares equal to the Intended Put Share Amount shall have been delivered to the Depository Trust Company DWAC account specified by the Investor for the Put Shares (unless the Investor has requested physical stock certificates, in writing, in which case the Company shall have delivered to the Investor a number of physical Unlegended Share Certificates equal to the Intended Put Share Amount, in denominations of not more than 50,000 shares per certificate);
(b) the following documents: Put Opinion of Counsel, Officer's Certificate, Put Notice, Registration Opinion, and any report or disclosure required under Section 2.3.7 or Section 2.5; and
(c) all documents, instruments and other writings required to be delivered by the Company to the Investor on or before the Put Date pursuant to any provision of this Agreement in order to implement and effect the transactions contemplated herein.
Documents Required to be Delivered. ON EACH DRAW DOWN DATE. Dolphin’s obligation to purchase Preferred Stock pursuant to a draw down hereunder shall additionally be conditioned upon the delivery to Dolphin on or before the applicable draw down date of a certificate in form and substance satisfactory to Dolphin, executed by an executive officer of the Company to the effect that all conditions to the delivery of such draw down notice shall have been satisfied as at the date of such certificate (which certificate shall not be required if the foregoing representations shall be set forth in the applicable draw down notice).
Documents Required to be Delivered on the Put Date as Conditions to Closing of any Put. The Closing of any Put and Investor's obligations hereunder shall additionally be conditioned upon the delivery to the Investor of each of the following (the "Required Put Documents") on or before the applicable Put Date:
(a) a number of Unlegended Share Certificates (or freely tradeable electronically delivered shares, as appropriate) equal to the Intended Put Share Amount, in denominations of not more than 50,000 shares per certificate;
(b) the following documents: any report or disclosure required under Section 2.3.6 or Section 2.5;
Documents Required to be Delivered on the Put Date as Conditions to Closing of any Put. The Closing of any Put and Investor's obligations hereunder shall additionally be conditioned upon the delivery to the Investor of each of the following (the "Required Put Documents") on or before the applicable Put Date:
(a) a number of DWAC Put Shares equal to the Intended Put Share Amount shall have been delivered to the Depository Trust Company DWAC account specified by the Investor for the Put Shares (unless the Investor has requested physical stock certificates, in writing, in which case the Company shall have delivered to the Investor a number of physical Unlegended Share Certificates equal to the Intended Put Share Amount, in denominations of not more than 50,000 shares per certificate);
(b) the following documents: Put Opinion of Counsel, Officer's Certificate, Put Notice, Registration Opinion, and any report or disclosure required under Section 2.3.7 or Section 2.5; and
(c) all documents, instruments and other writings required to be delivered on or before the Put Date pursuant to any provision of this Agreement in order to implement and effect the transactions contemplated herein. The Company shall be required to deliver a Put Opinion and a Bring Down Cold Comfort Letter with respect to the first Put. Notwithstanding the above, the Company shall not be required to deliver a Bring Down Cold Comfort Letter with respect to a given Put after the first Put if the Company has filed an annual report on Form 10-K or a quarterly report on Form 10-Q within the thirty (30) day period immediately preceding the Put Date for such Put.
Documents Required to be Delivered on each Transaction Date. BNYMCM’s and the Forward Seller’s obligation to sell Shares pursuant to an Issuance or Forward hereunder shall additionally be conditioned upon the delivery to BNYMCM and the Forward Seller on or before the Transaction Date of a certificate in form and substance reasonably satisfactory to BNYMCM and the Forward Seller, executed by the Chief Executive Officer, the President and Chief Financial Officer, the Chief Accounting Officer, any Senior Executive Vice President or the Executive Vice President of Capital Markets of the Company, to the effect that all conditions to the delivery of such Transaction Notice shall have been satisfied as at the date of such certificate (which certificate shall not be required if the foregoing representations shall be set forth in the Transaction Notice).
Documents Required to be Delivered. ON THE PUT DATE AS CONDITIONS TO CLOSING OF ANY PUT. The Closing of any Put and Investor's obligations hereunder shall additionally be conditioned upon the delivery to the Investor (or, in the case of the Put Shares, delivery to the Escrow Agent) of each of the following (the "Required Put Documents") on or before the applicable Put Date, unless waived or extended in writing by the Investor:
(a) a number of Unlegended Share Certificates (or freely tradeable electronically delivered shares, as appropriate) equal to the Intended Put Share Amount, in denominations (if applicable) of not more than 50,000 shares per certificate;
(b) the following documents: Put Opinion of Counsel, Officer's Certificate, Put Notice, any required Registration Opinion, and any report or disclosure required under Section 2.3.6 or Section 2.6;
(c) current Risk Factors; and
(d) all documents, instruments and other writings required to be delivered on or before the Put Date pursuant to any provision of this Agreement in order to implement and effect the transactions contemplated herein.
Documents Required to be Delivered on each Transaction Date. SCUSA’s and the Forward Seller’s obligation to sell Shares pursuant to an Issuance or Forward hereunder shall additionally be conditioned upon the delivery to SCUSA and the Forward Seller on or before the Transaction Date of a certificate in form and substance reasonably satisfactory to SCUSA and the Forward Seller, executed by the Chief Executive Officer, President, Chief Financial Officer (including any Interim Chief Financial Officer), Chief Accounting Officer or any Senior Executive Vice President of the Company, to the effect that all conditions to the delivery of such Transaction Notice shall have been satisfied as at the date of such certificate (which certificate shall not be required if the foregoing representations shall be set forth in the Transaction Notice).
