Subsequent Closing Date. The term Subsequent Closing Date shall mean on or before September 30, 2002.
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.
(ii) The Initial Buyers hereby consent to the transactions contemplated by this Section 1(c).
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. 21 Transaction................................................................39
Subsequent Closing Date. (a) Subject to the exercise by either the Purchaser, ND or MD of their rights pursuant to one or more of the Option Agreements, the Subsequent Closing shall take place at the offices of Xxxxxx & Xxxxxxx, 00 xxx Xxxxx Xxxxxxxxx, 00000 Xxxxx as soon as practicable following the determination of the Second Tranche Purchase Price, or on any other date or location as mutually agreed upon by the Parties, it being understood that the Parties shall make their best efforts so that the Subsequent Closing occurs no later than thirty (30) days following the expiration of the latest option exercise period stated in any of the Option Agreements (the "Subsequent Limit Date").
(b) If the Subsequent Closing does not occur by the Subsequent Limit Date as a result of the Parties being in a disagreement regarding the final determination of the Second Tranche Purchase Price:
(i) the Parties may agree to postpone the Subsequent Limit Date; or
(ii) the Purchaser may require that all the Parties proceed with the Subsequent Closing on the basis of a consideration for the acquisition of the Remaining Shares being equal to the Minimum Second Tranche Purchase Price, without prejudice to ND’s and MD’s right to seek and obtain additional consideration for the sale of the Remaining Shares in the event they disagree with the Purchaser’s calculation of the Second Tranche Purchase Price based upon Reference Year Revenues.
Subsequent Closing Date. The consummation of the sale and purchase of the applicable Subsidiary Equity Interests provided for in Section 2.7 (each, a “Subsequent Closing”) shall take place at the offices of Hxxxx Lovells US LLP, 555 Thirteenth Street, NW, Washington, District of Columbia 20004 on the date that is two (2) Business Days following the date on which the last of the conditions precedent to a Subsequent Closing applicable to the Subsidiary Equity Interests (except for such conditions that can only be satisfied at such Subsequent Closing) set forth in Article VII of this Agreement has been satisfied or waived by the Party for whose benefit such conditions precedent exist, or such other date as the Parties may mutually agree (each, a “Subsequent Closing Date”) (it being understood that such Subsequent Closing may be effected by the delivery of documents via e-mail, facsimile and/or overnight courier). Such Initial Closing shall be effective as of 12:01 a.m. EST on the Initial Closing Date.
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 2.2(b), 2.3(c) and 2.3(d) below and the conditions contained in this Section 2.1(d), at the offices of the Company or such other location determined by the parties. Any Initial Purchaser or any Person approved by the Company and the Required Holders may become a Subsequent Purchaser and may purchase Subsequent Notes and Subsequent Warrants by duly executing and delivering a Joinder Agreement to the Company. The number of Subsequent Notes to be purchased by the Subsequent Purchaser at the Subsequent Closing shall not exceed $3,750,000 aggregate principal amount of Subsequent Notes.
Subsequent Closing Date. On and after the Subsequent Closing Date, if any, the Preferred Stock (i) shall be convertible into Class C Common Stock and (ii) shall entitle the holder thereof to vote in a manner consistent with clauses (iii) and (iv) of the next sentence. The Class C Common Stock shall be: (i) convertible into Class A Common Stock at any time or from time to time by the holder thereof; (ii) automatically convertible into Class A Common Stock at any time upon the transfer or assignment by the Purchaser to any third party (other than an Affiliate); (iii) entitled to ten (10) votes per share of Class C Common Stock held as of the record date of any vote of the stockholders of the Company; and (iv) entitled to vote together with the Preferred Stock, if both the Class C Common Stock and the Preferred Stock are outstanding, as one class to elect sixty percent (60%) of the Board of Directors (rounded to the nearest board seat).
Subsequent Closing Date. 2 Warrant.......................................................................1
Subsequent Closing Date. 10 SUBTENANTS.................................................................................. 15
