Common use of Mandatory Closing Date Clause in Contracts

Mandatory Closing Date. The obligation of the Company hereunder to issue and sell the Mandatory Preferred Shares to Buyer at the Mandatory Closing is subject to the satisfaction, at or before such Mandatory Closing Date, of each of the following conditions, provided that these conditions are for the Company's sole benefit and may be waived by the Company at any time in its sole discretion: (i) Buyer shall have delivered to the Company the Purchase Price (less the amounts withheld pursuant to Sections 4(h) and 4(i)) for the Mandatory Preferred Shares being purchased by Buyer at the Mandatory Closing by wire transfer of immediately available funds pursuant to the wire instructions provided by the Company. (ii) the representations and warranties of Buyer, including those made pursuant to the Ownership Limit Waiver Agreement, shall be true and correct as of the date when made and as of the Mandatory Closing Date as though made at that time (except for representations and warranties that speak as of a specific date, which shall be true and correct as of such date), and Buyer shall have performed, satisfied and complied with the covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by Buyer at or prior to the Mandatory Closing Date.

Mandatory Closing Date. The obligation of the Company hereunder ---------------------- to issue and sell the Mandatory Preferred Shares and the related Mandatory Warrants to each Buyer at the Mandatory Closing Closings is subject to the satisfaction, at or before such the respective Mandatory Closing Date, of each of the following conditions, provided that these conditions are for the Company's sole benefit and may be waived by the Company at any time in its sole discretiondiscretion by providing each Buyer with prior written notice thereof: (i) Such Buyer shall have delivered to the Company the Purchase Price (less the amounts withheld pursuant to Sections 4(h) and 4(i)) for the Mandatory Preferred Shares and the related Mandatory Warrants being purchased by such Buyer at the Mandatory Closing by wire transfer of immediately available funds pursuant to the wire instructions provided by the Company. (ii) the The representations and warranties of Buyer, including those made pursuant to the Ownership Limit Waiver Agreement, such Buyer shall be true and correct in all material respects as of the date when made and as of the Mandatory Closing Date as though made at that time (except for representations and warranties that speak as of a specific date, which shall be true and correct as of such date), and such Buyer shall have performed, satisfied and complied with the covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Buyer at or prior to the Mandatory Closing Date.

Mandatory Closing Date. The obligation of the Company hereunder to ---------------------- issue and sell the Mandatory Preferred Shares to each Buyer at the Mandatory Closing is subject to the satisfaction, at or before such Mandatory Closing Date, of each of the following conditions, provided that these conditions are for the Company's sole benefit and may be waived by the Company at any time in its sole discretiondiscretion by providing each Buyer with prior written notice thereof: (i) Such Buyer shall have delivered to the Company the Purchase Price (less the amounts withheld pursuant to Sections 4(h) and 4(i)) for the Mandatory Preferred Shares being purchased by such Buyer at the Mandatory Closing by wire transfer of immediately available funds pursuant to the wire instructions provided by the Company. (ii) the The representations and warranties of Buyer, including those made pursuant to the Ownership Limit Waiver Agreement, such Buyer shall be true and correct as of the date when made and as of the Mandatory Closing Date as though made at that time (except for representations and warranties that speak as of a specific date, which shall be true and correct as of such date), and such Buyer shall have performed, satisfied and complied with the covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Buyer at or prior to the Mandatory Closing Date.

Mandatory Closing Date. The obligation of the Company hereunder to issue and sell the Mandatory Preferred Shares to each Mandatory Buyer at the Mandatory Closing is subject to the satisfaction, at or before such Mandatory Closing Date, of each of the following conditions, provided that these conditions are for the Company's sole benefit and may be waived by the Company at any time in its sole discretiondiscretion by providing each Mandatory Buyer with prior written notice thereof: (i) Such Mandatory Buyer shall have delivered to the Company the Purchase Price (less the amounts withheld pursuant to Sections 4(h) and 4(i)) for the Mandatory Preferred Shares being purchased by such Mandatory Buyer at the Mandatory Closing by wire transfer of immediately available funds pursuant to the wire instructions provided by the Company. (ii) the The representations and warranties of Buyer, including those made pursuant to the Ownership Limit Waiver Agreement, such Mandatory Buyer shall be true and correct in all material respects as of the date when made and as of the Mandatory Closing Date as though made at that time (except for representations and warranties that speak as of a specific date, which shall be true and correct as of such date), and such Mandatory Buyer shall have performed, satisfied and complied in all material respects with the covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Mandatory Buyer at or prior to the Mandatory Closing Date.

Mandatory Closing Date. The obligation of the Company hereunder to issue and sell the Mandatory Preferred Shares to each Buyer at the Mandatory Closing is subject to the satisfaction, at or before such the Mandatory Closing Date, of each of the following conditions, provided that these conditions are for the Company's sole benefit and may be waived by the Company at any time in its sole discretiondiscretion by providing each Buyer with prior written notice thereof: (i) Such Buyer shall have delivered to the Company the Purchase Price (less the amounts withheld pursuant to Sections 4(h) and 4(i)) for the Mandatory Preferred Shares and the related Warrants being purchased by such Buyer at the Mandatory Closing by wire transfer of immediately available funds pursuant to the wire instructions provided by the Company. (ii) the The representations and warranties of Buyer, including those made pursuant to the Ownership Limit Waiver Agreement, such Buyer shall be true and correct as of the date when made and as of the Mandatory Closing Date as though made at that time (except for representations and warranties that speak as of a specific date, which shall be true and correct as of such date), and such Buyer shall have performed, satisfied and complied with the covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Buyer at or prior to the Mandatory Closing Date. (iii) No statute, rule, regulation, executive order, decree, ruling or injunction shall have been enacted, entered, promulgated or endorsed by any court or governmental authority of competent jurisdiction which prohibits the consummation of any of the transactions contemplated by this Agreement. (iv) No legal action, suit or proceeding shall be pending or threatened which seeks to restrain or prohibit the transactions contemplated by this Agreement.

Mandatory Closing Date. The obligation of the Company hereunder to issue and sell the Mandatory Preferred Shares and the Mandatory Warrants to each Buyer at the Mandatory Closing is subject to the satisfaction, at or before such Mandatory Closing Date, of each of the following conditions, provided that these conditions are for the Company's sole benefit and may be waived by the Company at any time in its sole discretiondiscretion by providing each Buyer with prior written notice thereof: (i) Such Buyer shall have delivered to the Company the Purchase Price (less the amounts withheld pursuant to Sections 4(h) and 4(i)) for the Mandatory Preferred Shares and the related Mandatory Warrants being purchased by such Buyer at the Mandatory Closing by wire transfer of immediately available funds pursuant to the wire instructions provided by the Company. (ii) the The representations and warranties of Buyer, including those made pursuant to the Ownership Limit Waiver Agreement, such Buyer shall be true and correct as of the date when made and as of the Mandatory Closing Date as though made at that time (except for representations and warranties that speak as of a specific date, which shall be true and correct as of such date), and such Buyer shall have performed, satisfied and complied in all material respects with the covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Buyer at or prior to the Mandatory Closing Date.

Mandatory Closing Date. The obligation of the Company hereunder to issue and sell the Mandatory Preferred Shares and the Mandatory Warrants to each Buyer at the Mandatory Closing is subject to the satisfaction, at or before such the Mandatory Closing Date, of each of the following conditions, provided that these conditions are for the Company's sole benefit and may be waived by the Company at any time in its sole discretiondiscretion by providing each Buyer with prior written notice thereof: (i) Such Buyer shall have delivered to the Company the Purchase Price (less the amounts withheld pursuant to Sections 4(h) and 4(i)) for the Mandatory Preferred Shares and the related Mandatory Warrants being purchased by such Buyer at the Mandatory Closing by wire transfer of immediately available funds pursuant to the wire instructions provided by the Company. (ii) the The representations and warranties of Buyer, including those made pursuant to the Ownership Limit Waiver Agreement, such Buyer shall be true and correct as of the date when made and as of the Mandatory Closing Date as though made at that time (except for representations and warranties that speak as of a specific date, which shall be true and correct as of such date), and such Buyer shall have performed, satisfied and complied with the covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Buyer at or prior to the Mandatory Closing Date. The Company shall have received a certificate, executed by an authorized signatory for such Buyer, dated as of the Initial Closing Date, to the foregoing effect.

Mandatory Closing Date. The obligation of the Company hereunder to issue and sell the Mandatory Preferred Shares and the Warrants to each Mandatory Buyer at the Mandatory Closing is subject to the satisfaction, at or before such Mandatory Closing Date, of each of the following conditions, provided that these conditions are for the Company's sole benefit and may be waived by the Company at any time in its sole discretiondiscretion by providing each Mandatory Buyer with prior written notice thereof: (i) Such Mandatory Buyer shall have delivered to the Company the Purchase Price (less the amounts withheld pursuant to Sections 4(h) and 4(i)) for the Mandatory Preferred Shares and the Warrants being purchased by such Mandatory Buyer at the Mandatory Closing by wire transfer of immediately available funds pursuant to the wire instructions provided by the Company. (ii) the The representations and warranties of Buyer, including those made pursuant to the Ownership Limit Waiver Agreement, such Mandatory Buyer shall be true and correct in all material respects as of the date when made and as of the Mandatory Closing Date as though made at that time (except for representations and warranties that speak as of a specific date, which shall be true and correct as of such date), and such Mandatory Buyer shall have performed, satisfied and complied in all material respects with the covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Mandatory Buyer at or prior to the Mandatory Closing Date. (iii) The waiting period(s) (and any extension thereof) under the HSR Act, if applicable, shall have expired or been terminated without any condition attached to such expiration or termination.