Common use of Series A Closing Clause in Contracts

Series A Closing. The sale and purchase of the Series A Notes to be purchased by each Series A Purchaser shall occur at the offices of Xxxxxxx XxXxxxxxx LLP, 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, at 10:00 A.M., New York City local time, at a closing (the “Series A Closing”) on August 28, 2009 or on such other Business Day thereafter on or prior to August 31, 2009 as may be agreed upon by the Company and the Series A Purchasers (the day of the Series A Closing hereinafter referred to as the “Series A Closing Day”). At the Series A Closing the Company will deliver to each Series A Purchaser the Series A Notes to be purchased by such Purchaser in the form of a single Series A Note (or such greater number of Series A Notes in denominations of at least $100,000 as such Purchaser may request) dated the date of the Series A Closing and registered in such Purchaser’s name (or in the name of its nominee), against delivery by such Purchaser to the Company or its order of immediately available funds in the amount of the purchase price therefor by wire transfer of immediately available funds for the account of the Company to account number 323-265278 at XX Xxxxxx Xxxxx Bank, N.A., New York, New York, ABA Routing Number: 021 000 021, for the benefit of Arch Chemicals, Inc., Account Officer: Honor Xxxxxx, telephone number: 000-000-0000, fax number: 000-000-0000. If at the Series A Closing the Company shall fail to tender such Series A Notes to any Series A Purchaser as provided above in this Section 3.1, or any of the conditions specified in Section 4 shall not have been fulfilled to such Purchaser’s satisfaction, such Purchaser shall, at its election, be relieved of all further obligations under this Agreement, without thereby waiving any rights such Purchaser may have by reason of such failure or such nonfulfillment. The Series A Closing and each Shelf Closing are hereafter sometimes each referred to as a “Closing”.

Series A Closing. The sale and purchase of the Series A Notes to be purchased by each Series A Purchaser shall occur at the offices of Xxxxxxx XxXxxxxxx LLPXxxxx Xxxxx L.L.P., 000 0000 Xxxx Xxxxxx, Xxx XxxxDallas, Xxx XxxxTX 75201, at 10:00 A.M.a.m., New York City local Central time, at a closing (the “Series A Closing”) on 3578247962676392 -6- August 2823, 2009 or on such other Business Day thereafter on or prior to August 31, 2009 as may be agreed upon by the Company and the Series A Purchasers 2017 (the day of the Series A Closing hereinafter referred to as being the “Series A Closing Day”). At the Series A Closing the Company will deliver to each Series A Purchaser the Series A Notes to be purchased by such Series A Purchaser in the form of a single Series A Note (or such greater number of Series A Notes in denominations of at least $100,000 as such Purchaser may request) dated the date of the Series A Closing and registered in such Series A Purchaser’s name (or in the name of its nominee), against delivery by such Series A Purchaser to the Company or its order of immediately available funds in the amount of the purchase price therefor by wire transfer of immediately available funds for the account of the Company to account number 323-265278 4121928048 at XX Xxxxxx Xxxxx Fargo Bank, N.A.XX Xxx 000000, New YorkXxx Xxxxxx, New YorkXX 00000-0000, ABA Routing NumberAccount Name: 021 000 021, for the benefit of Arch ChemicalsMGP Ingredients, Inc., Account Officer: Honor Xxxxxx, telephone ABA number: 000-000-0000, fax number: 000-000-0000000000000. If at the Series A Closing the Company shall fail to tender such Series A Notes to any Series A Purchaser as provided above in this Section 3.1, or any of the conditions specified in Section 4 shall not have been fulfilled to such Series A Purchaser’s satisfaction, such Series A Purchaser shall, at its election, be relieved of all further obligations under this Agreement, without thereby waiving any rights such Series A Purchaser may have by reason of any of the conditions specified in Section 4 not having been fulfilled to such Series A Purchaser’s satisfaction or such failure or by the Company to tender such nonfulfillmentNotes. The Series A Closing and each Shelf Closing are hereafter sometimes each referred to as a “Closing”.

Series A Closing. The sale and purchase of the Series A Notes to be purchased by each Series A Purchaser shall occur at the offices of Xxxxxxx XxXxxxxxx and Xxxxxx LLP, 000 Xxxx Xxxxxx Xxxxxx, Xxx XxxxXxxxxxx, Xxx Xxxx, at XX 00000 prior to 10:00 A.M., New York City local a.m. Chicago time, at a closing (the “Series A Closing”) on August 28January 12, 2009 2018 or on such other Business Day thereafter on or prior to August 31January 16, 2009 2018 and/or such other place as may be agreed upon by the Company and the Series A Purchasers (the day of the Series A Closing hereinafter referred to as the “Series A Closing Day”)Purchasers. At the Series A Closing the Company will deliver to each Series A Purchaser the Series A Notes to be purchased by such Purchaser in the form of a single Series A Note purchased (or such greater number of Series A Notes in denominations of at least $100,000 as such Series A Purchaser may request) dated the date of the Series A Closing and registered in such Series A Purchaser’s name (or in the name of its nominee), against delivery by such Series A Purchaser to the Company or its order of immediately available funds in the amount of the purchase price therefor by wire transfer of immediately available funds for the account of the Company to account number 323-265278 [omitted] at XX Xxxxxx Xxxxx Bank, N.A., New York, New York, ABA Routing Number: 021 000 021, for the benefit of Arch Chemicals, Inc., Account Officer: Honor Xxxxxx, telephone number: 000-000-0000, fax number: 000-000-0000[omitted]. If at the Series A Closing the Company shall fail to tender such Series A Notes to any Series A Purchaser as provided above in this Section 3.1, or any of the conditions specified in Section 4 shall not have been fulfilled to such Series A Purchaser’s satisfaction, such Series A Purchaser shall, at its election, be relieved of all further obligations under this Agreement, without thereby waiving any rights such Series A Purchaser may have by reason of such failure by the Company to tender such Notes or any of the conditions specified in Section 4 not having been fulfilled to such nonfulfillmentPurchaser’s satisfaction. The Series A Closing and each Shelf Closing are hereafter sometimes each referred to as a “Closing”.

Series A Closing. The sale and purchase of the Series A Notes to be purchased by each Series A Purchaser shall occur at the offices of Xxxxxxx XxXxxxxxx LLPBxxxx Bxxxx L.L.P., 000 2000 Xxxx Xxxxxx, Xxx XxxxDallas, Xxx XxxxTX 75201, at 10:00 A.M.a.m., New York City local Central time, at a closing (the “Series A Closing”) on August 28December 20, 2009 or on such other Business Day thereafter on or prior to August 31, 2009 as may be agreed upon by the Company and the Series A Purchasers 2011 (the day of the Series A Closing hereinafter referred to as being the “Series A Closing Day”). At the Series A Closing the Company will deliver to each Series A Purchaser the Series A Notes to be purchased by such Series A Purchaser in the form of a single Series A Note (or such greater number of Series A Notes in denominations of at least $100,000 as such Purchaser may request) dated the date of the Series A Closing and registered in such Series A Purchaser’s name (or in the name of its nominee), against delivery by such Series A Purchaser to the Company or its order of immediately available funds in the amount of the purchase price therefor by wire transfer of immediately available funds for the account of the Company to account number 323-265278 5182747434 at XX Xxxxxx Xxxxx BankBranch Banking & Trust, N.A.P.O. Box 600, New York30 Xxxx Xxxxxxxx, New YorkXxxxxxxxxx, Xxxxxxxx 00000, ABA Routing Number# 000000000, Beneficiary: 021 000 021Delta Natural Gas Company, for Inc. (the benefit “Company Account”); provided that if the Company provides written instructions to Prudential (which instruction shall be deemed received by the Purchasers) at least two Business Days prior to the Series A Closing, instructing that all or part of Arch Chemicals, Inc., Account Officer: Honor Xxxxxx, telephone number: 000-000-0000, fax number: 000-000-0000. If the aggregate purchase price to be paid by the Series A Purchasers at the Series A Closing is to be paid directly to Bank of New York Mellon, as Trustee of the Company’s 5.75% Insured Quarterly Notes Due April 1, 2021 and/or 7.00% Debentures Due February 1, 2023, along with appropriate wire transfer instructions, the Series A Purchasers will pay as instructed by the Company shall fail all or a part of such aggregate purchase price by wire transfers of immediately available funds as instructed by the Company and the balance to tender such Series A Notes to any Series A Purchaser the Company Account by wire transfers of immediately available funds as provided above in this Section 3.1, or any of the conditions specified in Section 4 shall not have been fulfilled to such Purchaser’s satisfaction, such Purchaser shall, at its election, be relieved of all further obligations under this Agreement, without thereby waiving any rights such Purchaser may have by reason of such failure or such nonfulfillmentabove. The Series A Closing and each Shelf Closing are hereafter sometimes each referred to as a “Closing”.

Series A Closing. The sale and purchase of the Series A Notes to be purchased by each the Series A Purchaser Purchasers shall occur at the offices of Xxxxxxx XxXxxxxxx LLP, 000 Xxxx Three Xxxxxxxxxxx Xxxxxx, Xxx XxxxXxxxxxxxx, Xxx XxxxXxxxxxxxxx 00000, at 10:00 A.M.9:00 a.m., New York City local Pacific time, at a closing on July 24, 2008 (the “Series A Closing”) on August 28, 2009 or on such other Business Day thereafter on or prior to August 31, 2009 as may be agreed upon by the Company and the Series A Purchasers (the day of the Series A Closing hereinafter referred to as the “Series A Closing Day”). At On the Series A Closing Document Delivery Date, the Company will deliver to each Series A Purchaser the Series A Notes to be purchased by such Series A Purchaser in the form of a single Series A Note (or such greater number of Series A Notes in denominations of at least $100,000 1,000,000 as such Purchaser it may request) ), dated the date of the Series A Closing Day, and registered in such Series A Purchaser’s name (or in the name of its nominee), against delivery by such Series A Purchaser to the Company or its order of immediately available funds in the amount of the purchase price therefor by wire transfer of immediately available funds for as set forth in the account of the Company to account number 323-265278 at XX Xxxxxx Xxxxx Bank, N.A., New York, New York, ABA Routing Number: 021 000 021, for the benefit of Arch Chemicals, Inc., Account Officer: Honor Xxxxxx, telephone number: 000-000-0000, fax number: 000-000-0000. Funding Instruction Letter set forth as Exhibit D. If at on the Series A Closing Day the Company shall fail to tender such Series A Notes to any Series A Purchaser as provided above in this Section 3.13, or any of the conditions specified in Section 4 shall not have been fulfilled to such Purchaser’s satisfactionthe satisfaction of any Series A Purchaser (and not waived thereby), such Series A Purchaser shall, at its election, be relieved of all further obligations under this Agreement, without thereby waiving any rights such Purchaser it may have by reason of such failure or such nonfulfillment. The Series A Closing and each Shelf Closing are hereafter sometimes each referred to as a “Closing”.

Series A Closing. The sale and purchase of the Series A Notes to be purchased by each Series A Purchaser shall occur at the offices of Xxxxxxx XxXxxxxxx LLPXxxxxx Price P.C., 000 Xxxx Xxxxxxx Xxxxxx, Xxx XxxxXxxxx 0000, Xxx XxxxXxxxxxxxx, XX 00000, at 10:00 A.M.9:00 a.m., New York City local San Francisco time, at a closing on November 15, 2017 (the “Series A Closing”) on August 28, 2009 or on such other Business Day thereafter on or prior to August 31, 2009 as may be agreed upon by the Company and the Series A Purchasers (the day of the Series A Closing hereinafter referred to as the “Series A Closing Day”). At On the Series A Closing Day, the Company will deliver to each Series A Purchaser the Series A Notes to be purchased by such Purchaser in the form of a single Series A Note (or such greater number of Series A Notes in denominations of at least $100,000 1,000,000 as such Purchaser may request) dated the date of the Series A Closing Day and registered in such Series A Purchaser’s name (or in the name of its nominee), against delivery by such Series A Purchaser to the Company or its order of immediately available funds in the amount of the purchase price therefor by wire transfer of immediately available funds for the account of the Company to account number 323-265278 1459065270 at XX Xxxxxx Xxxxx BankBank of America, N.A., New York000 X Xxxxxx, New YorkXxx Xxxxx, XX 00000, ABA Routing Number: 021 000 021, for the benefit of Arch Chemicals, Inc., Account Officer: Honor Xxxxxx, telephone number: 000-000-0000, fax number: 000-000-0000NUMBER 000000000. If at on the Series A Closing Day the Company shall fail to tender such Series A Notes to any Series A Purchaser as provided above in this Section 3.13, or any of the conditions specified in Section 4 shall not have been fulfilled to such Purchaser’s satisfaction, such Purchaser shall, at its election, be relieved of all further obligations under this Agreement, without thereby waiving any rights such Purchaser may have by reason of such failure by the Company to tender such Notes or any of the conditions specified in Section 4 not having been fulfilled to such nonfulfillment. The Series A Closing and each Shelf Closing are hereafter sometimes each referred to as a “Closing”Purchaser’s satisfaction.

Series A Closing. The sale and purchase of the Series A Notes to be purchased by each Series A Initial Purchaser shall occur at the offices of Xxxxxxx XxXxxxxxx Xxxxxx Xxxxxx LLP, 000 Xxxx XxxxxxX. Xxxxxx Drive, Xxx XxxxSuite 6600, Xxx XxxxChicago, Illinois 60606, at 10:00 A.M., New York City local A.M. Chicago time, at a closing (the “Series A Closing”) on August 2812, 2009 or on such other Business Day thereafter on or prior to August 31, 2009 as may be agreed upon by the Company and the Series A Purchasers 2010 (the day of the Series A Closing hereinafter referred to as being the “Series A Closing Day”). At the Series A Closing Closing, the Company will deliver to each Series A Initial Purchaser the Series A Notes to be purchased by such Initial Purchaser in the form of a single Series A Note (or such greater number of Series A Notes in denominations of at least $100,000 as such Initial Purchaser may request) dated the date of the Series A Closing and registered in such Initial Purchaser’s name (or in the name of its nominee), against delivery by such Initial Purchaser to the Company or its order of immediately available funds in the amount of the purchase price therefor by wire transfer of immediately available funds for the account of the Company to account number 323-265278 Account Name: Modine Manufacturing Company, Account Number: 00000000 at XX M&I Xxxxxxxx & Xxxxxx Xxxxx Bank, N.A.Milwaukee, New York, New YorkWisconsin, ABA Routing NumberNo.: 021 000 021, for the benefit of Arch Chemicals, Inc., Account Officer000000000 (Bank Contact Name: Honor Xxxxxx, telephone number: Xxxx Xxxxx (000-) 000-0000, fax number: 000-000-0000). If at the Series A Closing the Company shall fail to tender such Series A Notes to any Series A Initial Purchaser as provided above in this Section 3.1, or any of the conditions specified in Section 4 shall not have been fulfilled to such Initial Purchaser’s satisfaction, such Initial Purchaser shall, at its election, be relieved of all further obligations under this Agreement, without thereby waiving any rights such Initial Purchaser may have by reason of such failure or such nonfulfillment. The Series A Closing and each Shelf Closing are hereafter sometimes each referred to as a “Closing.”.

Series A Closing. The sale and purchase of the Series A Notes to be purchased by each Series A Purchaser shall occur at the offices of Xxxxxxx XxXxxxxxx LLP, 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx XxxxXX 00000-0000, at 10:00 A.M., New York City local time, at a closing (the “Series A Closing”) on August 28October 13, 2009 2010 or on such other Business Day thereafter on or prior to August 31October 15, 2009 2010 as may be agreed upon by the Company and the Series A Purchasers (the day of the Series A Closing hereinafter referred to as the “Series A Closing Day”). At the Series A Closing the Company will deliver to each Series A Purchaser the Series A Notes to be purchased by such Series A Purchaser in the form of a single Series A Note (or such greater number of Series A Notes in denominations of at least $100,000 as such Purchaser may request) dated the date of the Series A Closing and registered in such Series A Purchaser’s name (or in the name of its nominee), against delivery by such Series A Purchaser to the Company or its order of immediately available funds in the amount of the purchase price therefor by wire transfer of immediately available funds for the account of the Company to account number 323-265278 at XX Xxxxxx Xxxxx Bank, N.A., New York, New York, ABA Routing Number: 021 000 021, for the benefit of Arch Chemicals, Inc., Account Officer: Honor Xxxxxx, telephone number: 000-000-00000529 at PNC Bank, fax numberNational Association, PNC Firstside Center, 000 Xxxxx Xxxxxx, Xxxxxxxxxx, XX 00000, XXX xxxxxx 000000000, Account Name: 000-000-0000Mine Safety Appliances Company. If at the Series A Closing the Company shall fail to tender such Series A Notes to any Series A Purchaser as provided above in this Section 3.1, or any of the conditions specified in Section 4 shall not have been fulfilled to such Series A Purchaser’s satisfaction, such Series A Purchaser shall, at its election, be relieved of all further obligations under this Agreement, without thereby waiving any rights such Purchaser may have by reason of such failure or such nonfulfillment. The Series A Closing and each Shelf Closing are hereafter sometimes each referred to as a “Closing”.

Series A Closing. The sale and purchase of the Series A Notes to be purchased by each Series A Purchaser shall occur at the offices of Akin Gump Xxxxxxx XxXxxxxxx Xxxxx & Xxxx LLP, 000 Xxxx Xxxxxx, Xxx Xxxxxx Xxxx, Xxx Xxxx, XX 00000-0000, at 10:00 A.M.12:00 p.m., New York City local Eastern time, at a closing (the “Series A Closing”) on August 28December 14, 2009 2018 or on such other Business Day thereafter on or prior to August 31[December 27, 2009 2018] as may be agreed upon by the Company and the Series A Purchasers (the day of the Series A Closing hereinafter referred to as the “Series A Closing Day”). At the Series A Closing Closing, the Company will deliver to each Series A Purchaser the Series A Notes to be purchased by such Series A Purchaser in the form of a single Series A Note (or such greater number of Series A Notes in denominations of at least $100,000 [___] as such Series A Purchaser may request) ), dated the date of the Series A Closing and registered in such Series A Purchaser’s name (or in the name of its nominee), against delivery by such Series A Purchaser to the Company or its order of immediately available funds in the amount of the purchase price therefor by wire transfer of immediately available funds for the account of the Company to account number 323-265278 at XX Xxxxxx Xxxxx Bank, N.A., New York, New York, ABA Routing Number: 021 000 021, for the benefit of Arch Chemicals, Inc., Account Officer: Honor Xxxxxx, telephone number: 000-000-0000, fax number: 000-000-0000as set forth on Schedule 3. If at the Series A Closing the Company shall fail to tender such Series A Notes to any Series A Purchaser as provided above in this Section 3.1paragraph 3A, or any of the conditions specified in Section 4 paragraph 4A shall not have been fulfilled to such the satisfaction of any Series A Purchaser’s satisfaction, such Series A Purchaser shall, at its election, be relieved of all further obligations under this Agreement, without thereby waiving any rights such Purchaser it may have by reason of such failure or such nonfulfillment. The Series A Closing and each Shelf Closing are hereafter sometimes each referred to as a “Closing”.

Series A Closing. The sale and purchase of the Series A Notes to be purchased by each Series A Purchaser shall occur at the offices of Xxxx Xxxx Xxxxxxx XxXxxxxxx Xxxxx & Xxxx LLP, 000 Xxxx XxxxxxOne Bryant Park, Xxx XxxxNew York, Xxx XxxxNew York 10036-6745, or at such other place pursuant to the directions of Prudential, at 10:00 A.M.a.m., New York City local time, at a closing (the “Series A Closing”) on August 28March 21, 2009 2024 (or on such other Business Day thereafter on or prior to August 31, 2009 as may be agreed upon by the Company and the Series A Purchasers which Prudential agrees in its sole discretion) (the day of the Series A Closing hereinafter referred to as the “Series A Closing DayDate”). At the Series A Closing Closing, the Company will deliver to each Series A Purchaser the Series A Notes to be purchased by such Purchaser in the form of a single Series A Note (or such greater number of Series A Notes in denominations of at least $100,000 as such Purchaser may request) dated the date of the Series A Closing Date and registered in such Purchaser’s name (or in the name of its nominee), against delivery by such Purchaser to the Company or its order of immediately available funds in the amount of the purchase price therefor by wire transfer of immediately available funds for the account of the Company to account number 323-265278 at XX Xxxxxx Xxxxx Bank, N.A., New York, New York, ABA Routing Number: 021 000 021, for specified in the benefit of Arch Chemicals, Inc., Account Officer: Honor Xxxxxx, telephone number: 000-000-0000, fax number: 000-000-0000Funding Instruction Letter. If at the Series A Closing the Company shall fail to tender such Series A Notes to any Series A Purchaser as provided above in this Section 3.1, or any of the conditions specified in Section 4 4.1 shall not have been fulfilled to such Purchaser’s satisfaction, such Purchaser shall, at its election, be relieved of all further obligations under this Agreement, without thereby waiving any rights such Purchaser may have by reason of such failure by the Company to tender such Notes or any of the conditions specified in Section 4.1 not having been fulfilled to such nonfulfillmentPurchaser’s satisfaction. The Series A Closing and each Shelf Closing are hereafter sometimes each referred to as a “Closing”.

Series A Closing. The sale and purchase of the Series A Notes to be purchased by each Series A Purchaser shall occur at the offices of Xxxxxxx XxXxxxxxx LLPXxxxx Xxxxx L.L.P., 000 0000 Xxxx Xxxxxx, Xxx XxxxDallas, Xxx XxxxTX 75201, at 10:00 A.M.a.m., New York City local Central time, at a closing (the “Series A Closing”) on August 2823, 2009 or on such other Business Day thereafter on or prior to August 31, 2009 as may be agreed upon by the Company and the Series A Purchasers 2017 (the day of the Series A Closing hereinafter referred to as being the “Series A Closing Day”). At the Series A Closing the Company will deliver to each Series A Purchaser the Series A Notes to be purchased by such Series A Purchaser in the form of a single Series A Note (or such greater number of Series A Notes in denominations of at least $100,000 as such Purchaser may request) dated the date of the Series A Closing and registered in such Series A Purchaser’s name (or in the name of its nominee), against delivery by such Series A Purchaser to the Company or its order of immediately available funds in the amount of the purchase price therefor by wire transfer of immediately available funds for the account of the Company to account number 323-265278 ********** at XX Xxxxxx Xxxxx Fargo Bank, N.A.PO Box 310263, New YorkDes Moines, New YorkIA 50331-0263, Account Name: ***********, ABA Routing Number: 021 000 021, for the benefit of Arch Chemicals, Inc., Account Officer: Honor Xxxxxx, telephone number: 000-000-0000, fax number: 000-000-0000********. If at the Series A Closing the Company shall fail to tender such Series A Notes to any Series A Purchaser as provided above in this Section 3.1, or any of the conditions specified in Section 4 shall not have been fulfilled to such Series A Purchaser’s satisfaction, such Series A Purchaser shall, at its election, be relieved of all further obligations under this Agreement, without thereby waiving any rights such Series A Purchaser may have by reason of any of the conditions specified in Section 4 not having been fulfilled to such Series A Purchaser’s satisfaction or such failure or by the Company to tender such nonfulfillmentNotes. The Series A Closing and each Shelf Closing are hereafter sometimes each referred to as a “Closing”.

Series A Closing. The sale and purchase of the Series A Notes to be purchased by each Series A Purchaser shall occur at the offices of Xxxxxxx XxXxxxxxx LLPXxxxx Xxxxx L.L.P., 000 0000 Xxxx Xxxxxx, Xxx XxxxDallas, Xxx XxxxTX 75201, at 10:00 A.M.a.m., New York City local Central time, at a closing (the “Series A Closing”) on August December 28, 2009 2012 or on such other Business Day thereafter on or prior to August December 31, 2009 2012 as may be agreed upon by the Company and the Series A Purchasers (the day of the Series A Closing hereinafter referred to as being the “Series A Closing Day”). At the Series A Closing the Company will deliver to each Series A Purchaser the Series A Notes to be purchased by such Series A Purchaser in the form of a single Series A Note (or such greater number of Series A Notes in denominations of at least $100,000 as such Purchaser may request) dated the date of the Series A Closing and registered in such Series A Purchaser’s name (or in the name of its nominee), against delivery by such Series A Purchaser to the Company or its order of immediately available funds in the amount of the purchase price therefor by wire transfer of immediately available funds for the account of the Company to account number 323-265278 0000000 at XX Xxxxxx Xxxxx BankPrivate Bank & Trust, N.A.000 X. XxXxxxx Street, New YorkChicago, New YorkIL 60603, ABA Routing Number: 021 000 021, for the benefit of Arch Chemicals, Inc., Account Officer: Honor Xxxxxx, telephone number: 000-000-0000, fax number: 000-000-0000Number 000000000. If at the Series A Closing the Company shall fail to tender such Series A Notes to any Series A Purchaser as provided above in this Section 3.1, or any of the conditions specified in Section 4 shall not have been fulfilled to such Series A Purchaser’s satisfaction, such Series A Purchaser shall, at its election, be relieved of all further obligations under this Agreement, without thereby waiving any rights such Series A Purchaser may have by reason of any of the conditions specified in Section 4 not having been fulfilled to such Series A Purchaser’s satisfaction or such failure or by the Company to tender such nonfulfillmentNotes. The Series A Closing and each Shelf Closing are hereafter sometimes each referred to as a “Closing”.