Other Closings. Closing of the other Combination Agreements and closing of the IPO have both taken place concurrently with the closing of this Agreement.
Other Closings. In the event that a circumstance arises that requires a work area (i.e. a building) to be closed for health, safety or other reasons, including conditions of extreme cold, heat or humidity, non-essential employees at the affected work location will be dismissed with pay for the balance of the shift.
Other Closings. The closings of the Vicksburg Transaction and -------------- the Southwest Michigan Transaction shall occur simultaneously with the closing hereunder, unless the failure of the Vicksburg Transaction to close is due to a breach of the Vicksburg Purchase Agreement by Buyer, or the failure of the Southwest Michigan Transaction to close is due to a breach of the Southwest Michigan Purchase Agreement by Buyer.
Other Closings. The obligations of the Investor and the Corporation to complete the purchase and sale of Securities at each subsequent Closing (other than the First Closing) are conditional upon the satisfaction of, or compliance with, or waived (to the extent waivable) by the party who benefits from the condition, the following conditions (the Other Closing Conditions):
(a) at the close of business on the business day before the applicable Closing Date, the Corporation shall have delivered to the Investor written notice of the Facility Warrant Exercise Price and, based on same, the number of Facility Warrants to be issued;
(b) subject to the lapsing of the Cool Down Period, at least five (5) business days before the applicable Closing Date, the Corporation shall have delivered to the Investor written notice (the Other Closing Notice) of its intention to issue:
(i) one Tranche of the applicable Securities as listed in Section 2.1 for the applicable Closing or;
(ii) if the 40-day average of the daily traded value (determined by the volume traded multiplied by the closing VWAP on each such day), after trimming 5% of the outliers is greater than $120,000, two Tranches of the applicable Securities as listed in Section 2.1 for the applicable Closing;
(c) no payment shall be owing by the Corporation to the Investor and no delivery of Common Shares resulting from a conversion of the Debentures or an exercise of Warrants by the Investor shall remain outstanding pursuant to this Subscription Agreement except for any Make-Whole Amount or other amount to the extent the parties agreed in writing that such payment shall occur by way of set-off against (i.e., deduction from) the Subscription Amount payable by the Investor to the Corporation in connection with the applicable Closing;
(d) at least two (2) business days before the applicable Closing Date, the Corporation shall have delivered to the Investor, wire transfer instructions for the payment of the applicable Subscription Amount;
(e) all necessary regulatory and CSE approvals (if any) required for the completion of the transactions contemplated under this Subscription Agreement shall have been obtained prior to the applicable Closing;
(f) before or on the applicable Closing Date, the Corporation shall have posted CSE Form 9 and CSE Form 6 on the CSE's website;
(g) the sale and issuance of the Debentures and the Warrants issuable at the applicable Closing, the issuance of the Common Shares issuable upon the conversion of the Deben...
Other Closings. (a) Seller or Seller's Affiliates have entered into certain other contracts of even date herewith for the transfer of other properties in the Philadelphia area or interests in such properties, such properties being Xxxxxx Xxxx Xxxx, Xxxxxxxxxx Xxxx, Xxxxxxxx Meeting Mall, Exton Mall and Echelon Mall, to Buyer or Buyer's Affiliates ("Affiliated Contracts"), and Seller or Seller's Affiliate has contracted to purchase Christiana Mall from New Castle ("Christiana Contract", and together with the Affiliated Contracts, the "Concurrent Contracts"). Furthermore, with regard to the Christiana Mall, Seller or its Affiliate are negotiating agreements for the ownership, operation and management of the Christiana Mall with New Castle's lender, Equitable ("Venture Contracts").
(b) Unless the Concurrent Contracts (other than Plymouth and Echelon) also close at the same time as this Agreement and the Venture Contracts shall have been fully negotiated at the time of Closing, Seller may, provided that the failure to close the Concurrent Contracts (other than Plymouth and Echelon) at the same time does not result from the breach by Seller or its Affiliates of any of their respective obligations pursuant to such Concurrent Contracts, terminate this Agreement and unless the failure is caused by the breach of Buyer or Buyer's Affiliate or New Castle pursuant to a Concurrent Contract, neither party shall have any further obligation to the other except for the Covenants Surviving Termination and except as provided in Section 4.3.
(c) It shall be a condition of Buyer's obligation to close on this Agreement that the Concurrent Contracts (other than the Contracts for Echelon and Plymouth) also close at the same time, provided that the failure to close the Concurrent Contracts at the same time does not result from the breach by Buyer or its Affiliates or New Castle of any of their respective obligations pursuant to such Concurrent Contracts. ARTICLE XX
Other Closings. The closings under the other Related Transaction Documents shall simultaneously occur with the Closing hereunder.
Other Closings. 73 ARTICLE XX Confidentiality.......................................................................................75
Other Closings. The closings of the Vicksburg Transaction and -------------- the Xxxxxxxxxxx Transaction shall occur simultaneously with the closing hereunder, unless the failure of the Vicksburg Transaction to close is due to a breach of the Vicksburg Purchase Agreement by Buyer, or the failure of the Xxxxxxxxxxx Transaction to close is due to a breach of the Xxxxxxxxxxx Purchase Agreement by Buyer.
Other Closings. The closing of the transactions contemplated by the Other Asset Purchase Agreements shall have occurred (or shall occur concurrently with the Closing).
Other Closings. The consummation of the transactions contemplated by each of the Other Purchase Agreements shall have occurred concurrently with the Closing.
