Subsequent Closing Date. The Closing of the transactions described in Section 2.2 (the “Subsequent Closing”) shall take place on the third Business Day immediately following the day on which all of the conditions set forth in Section 2.3 shall be satisfied or waived, or at such other time and place as the Parties shall agree (the “Subsequent Closing Date”).
Subsequent Closing Date. The term Subsequent Closing Date shall mean on or before September 30, 2002.
Subsequent Closing Date. The term Subsequent Closing Date shall mean July 29, 2002.”
Subsequent Closing Date. The obligation of the Company hereunder to issue and sell the Subsequent Notes and the related Subsequent Warrants to each Buyer at the Subsequent Closing is subject to the satisfaction, at or before the Subsequent 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 by providing each Buyer with prior written notice thereof:
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Subsequent Closing Date. (i) The date and time of the Subsequent Closing (the “Subsequent Closing Date,” and together with the Initial Closing Date, each a “Closing Date” and collectively, the “Closing Dates”) shall be 10:00 a.m., New York City time, on the date hereof, subject to satisfaction (or waiver) of the conditions to the Subsequent Closing set forth in Sections 6(b) and 7(b) and the conditions contained in this Section 1(c), at the offices of the Company. Any Person approved by the Company and the Required Holders may become a Subsequent Buyer and may purchase Subsequent Notes and Subsequent Warrants by duly executing and delivering a Joinder Agreement to the Company. Any Initial Buyer may also purchase, at such Initial Buyer’s option, Subsequent Notes and Subsequent Warrants by delivering written notice to the Company (each, a “Subsequent Closing Notice”). Notwithstanding anything herein, in a Joinder Agreement or in a Subsequent Closing Notice to the contrary, the number of Subsequent Notes to be purchased by the Subsequent Buyers at the Subsequent Closing shall not exceed $444,445 aggregate principal amount of Subsequent Notes.
Subsequent Closing Date. Subject to timely delivery by the Company to the Buyers of the Subsequent Note Notice (as defined below), the date and time of the Subsequent Closing (the "SUBSEQUENT CLOSING DATE") shall be 10:00 a.m., New York Time, on the date specified in the Subsequent Note Notice (which date shall not be later than July 15, 2003), subject to satisfaction (or waiver) of the conditions to the Subsequent Closing set forth in Sections 6(b) and 7(b) and the conditions set forth in this Section 1(c) (or such later date as is mutually agreed to by the Company and the Buyers). Subject to the requirements of Sections 6(b) and 7(b) and the conditions contained in this Section 1(c), the Company on one occasion may require each Buyer severally, but not jointly, to purchase up to such principal amount of Subsequent Notes as is set forth opposite such Buyer's name in column (4) on the Schedule of Buyers on the Subsequent Closing Date by delivering written notice (the "SUBSEQUENT NOTE NOTICE") to each Buyer on or prior to June 30, 2003 (the "SUBSEQUENT NOTE NOTICE Date"). The Subsequent Note Notice shall be irrevocable and shall be delivered to each Buyer at least 10 Business Days (as defined below) prior to the Subsequent Closing Date set forth in the Subsequent Note Notice. The Company's Subsequent Note Notice shall set forth (i) each Buyer's pro rata allocation (based on the principal amount of Subsequent Notes as is set forth opposite each such Buyer's name in column (4) on the Schedule of Buyers in relation to $7,000,000) of the aggregate principal amount of Subsequent Notes (which aggregate principal amount shall not exceed $7,000,000) and related Subsequent Warrants which the Company is requiring all of the Buyers to purchase at the Subsequent Closing and (ii) the aggregate Purchase Price for each such Buyer's Subsequent Notes and related Subsequent Warrants. Notwithstanding anything in this Agreement to the contrary, the Company shall not be entitled to require the Buyers to purchase the Subsequent Notes unless, in addition to the requirements of Sections 6(b) and 7(b), all of the following conditions are satisfied: (i) on each day during the period beginning on the first day of the Measuring Period (as defined below) and ending on the Subsequent Closing Date, the Registration Statement (as defined in the Registration Rights Agreement) covering the Initial Registrable Securities (as defined in the Registration Rights Agreement) (the "INITIAL REGISTRATION STATEMENT") shall b...
Subsequent Closing Date. The Initial Closing Date for the conveyance of the Conveyed Interests listed in Schedule 2 is the date of this Purchase Supplement ("Initial Closing Date") and the Subsequent Closing Date for the conveyance of the Conveyed Interests listed in Schedule 3 shall be the date on which the Company satisfies, or the NPI Purchaser waives, all of the conditions to closing contained in the Letter Agreement attached as Exhibit A, or on such other date as shall be agreed in writing by the parties ("Subsequent Closing Date").
Subsequent Closing Date. The obligations of Buyers to consummate the purchase and sale of the number of Pre-Emptive Right Shares, the Subsequent Offering Shares and the Subsequent Over-Allotment Shares that Buyers have elected to purchase pursuant to Section 1.2(a) shall be subject to the satisfaction or waiver on or prior to the applicable Subsequent Closing Date of each of the following conditions:
Subsequent Closing Date. The term "Subsequent Closing Date" shall have the meaning specified in Section 2.3 of this Agreement.
