Fourth Closing. On May 2, 2011, the fourth closing of the purchase and sale of the Notes in the principal amounts set forth opposite each Investor’s name under the heading “Fourth Closing Principal Amount of Note” on the Schedule of Investors attached hereto (the “Fourth Closing”) shall take place.
Fourth Closing. The date and time of the Fourth Closing (the “Fourth Closing Date,” and together with the First Closing Date, the Second Closing Date, and the Third Closing Date, each, a “Closing Date”) shall be December 1, 2016 or such earlier date as the Buyers and the Company shall agree (or, if such date is not a Trading Day, the immediately succeeding Trading Day), subject to the satisfaction or waiver of the conditions to the Fourth Closing set forth in Section 1(a)(iv) above and Section 6(d), Section 7(d) below (or such other date as is mutually agreed to by the Company and each Buyer), as evidenced by the Fourth Closing Notice (or by a notice delivered by the Company to such Buyer if such Buyer fails to timely deliver such Fourth Closing Notice). For the avoidance of doubt (x) the Company shall not be entitled to effect a Fourth Closing if on the Fourth Closing Date there is an Equity Conditions Failure (as defined in the First Notes) (unless such Equity Conditions Failure has been waived in writing by the Buyers) and (y) if some, but not all, of the Buyers waive an applicable Equity Conditions Failure or other condition to the Fourth Closing, the Fourth Closing shall occur solely with respect to such waiving Buyers. If the Fourth Closing has not occurred on or prior to December 30, 2016, no Fourth Closing shall occur hereunder.”
Fourth Closing. The consummation of the purchase and sale of the Purchased Shares pursuant to Section 2.4 (the “Fourth Closing”) shall, subject to the satisfaction of the conditions set forth in Article 0, xxxx place within thirty (30) days after the written notice referenced in such Section regarding the occurrence of the Fourth Closing Milestone, as specified in writing by Investor, or on such other date as the parties may agree (the “Fourth Closing Date”).
Fourth Closing. (i)Solely in the event that the Second Closing Trigger Event, the Initial Second Closing and the Third Closing shall have previously occurred (or, in the case of the Third Closing, shall occur contemporaneously with the Fourth Closing), the Company shall have the right, but not the obligation, to request that the Fourth Closing Investors agree to purchase $10,000,000 in aggregate principal amount of Fourth Closing Notes prior to the Fourth Closing Deadline in accordance with this Section 2.1(d).
Fourth Closing. On the terms and subject to the conditions of this Agreement, on September 29, 2000 (the "FOURTH CLOSING DATE") KLM agrees to transfer, assign and deliver to NWA Corp., against payment by NWA Corp. to KLM of $491,020,690.86 in immediately available funds, 10,055,335 Shares (reflecting a Per Share Price of $48.831858), comprised of (i) a certificate or certificates representing the Common Stock or other securities included within such Shares, and (ii) any and all cash or other property, if any, included within such Shares, and NWA Corp. agrees to purchase the Common Stock and/or other property comprising such Shares and make such payment to KLM against delivery of the certificates and/or other property comprising such Shares on the Fourth Closing Date. Any certificates included in such Shares shall be duly endorsed in blank or accompanied by stock powers duly executed in blank, with all necessary stock transfer stamps affixed.
Fourth Closing. (i) Subject to the satisfaction (or express waiver by the Purchaser) of (i) the conditions set forth in this Section 2.1 and Section 2.3, (ii) the Equity Conditions (as defined in the Notes) and (iii) the Additional Funding Conditions, the Company shall have the right to require the Purchaser to purchase the Securities on the Fourth Closing Date by delivering to the Purchaser an irrevocable written notice (the “Fourth Closing Notice”) that the Company has exercised its right to require the Purchaser to purchase the Securities.
Fourth Closing. Upon the terms and subject to the conditions set forth in this Agreement, the fourth closing (the Fourth Closing ) shall take place within five (5) days following the Milestone Target Payment Date applicable to Milestone 3 upon the satisfaction of the conditions set forth in Section 5.2 and Section 6.2 applicable to the Fourth Closing (or such other time and place as the Parties may agree) (the Fourth Closing Date ). At the Fourth Closing, the following shall occur:
Fourth Closing. Subject to the satisfaction (or waiver) of the conditions set forth in Sections 6(d) and 7(d) below, the Company shall issue and sell to each Buyer, and each Buyer severally, but not jointly, shall purchase from the Company on the Fourth Closing Date (as defined below) a Fourth Note in the original principal amount as is set forth opposite such Buyer’s name in column (5) on the Schedule of Buyers along with Fourth Warrants to initially acquire up to that aggregate number of Fourth Warrant Shares as is set forth opposite such Buyer’s name in column (6) on the Schedule of Warrants (the “Fourth Closing”).
Fourth Closing. The fourth closing of the Transactions (the “Fourth Closing”) will take place by electronic or physical exchange of documents on the date of Sellers’ payroll payment that is closest to the middle of the month that is at least ten Business Days following the day on which Buyer obtains the Required Approvals from states covering 85% of the Business’ loan origination volume for the Transferring Jurisdiction anticipated to be included in the Fourth Closing as set forth in Schedule I, for the last twelve months preceding the Fourth Closing Date, unless another date is agreed to in writing by all of the Parties (provided that there are no Restraints preventing or prohibiting the consummation of the Fourth Closing) (the “Fourth Closing Date”); provided that such Closing will not occur until the month following the month in which the Third Closing occurs. Notwithstanding the foregoing, for Tax and accounting purposes, the Fourth Closing will be deemed to occur and be effective as of 12:01 a.m. (New York City time) on the Fourth Closing Date (the “Fourth Closing Effective Time”).
Fourth Closing. Subject to the terms and conditions of this Agreement, and subject to adjustment pursuant to Section 2.1(f) below, on the Fourth Closing Date, as defined in Section 2.2(d) below, the Company agrees to issue and sell to the Purchasers, and the Purchasers agree to purchase from the Company, for an aggregate purchase price of Fifteen Million Dollars (USD $15,000,000) (the "Fourth Purchase Price"), a number of Common Shares (the "Fourth Closing Shares") equal to [*].
