Subsequent Closing Dates. The closing documents for the Mortgage Loans to be purchased on each Closing Date under this Agreement (including the initial Closing Date) shall consist of fully executed originals of the following documents:
(a) the related Purchase Price and Terms Agreement;
(b) the related Acknowledgment and Conveyance Agreement, including all annexes thereto;
(c) the related Assignment and Assumption;
(d) upon request, an Officer's Certificate, in the form of Exhibit 4 hereto, for the Seller and the Servicer including all attachments thereto; provided, however, that such Officer's Certificate shall not be required to be delivered by the Seller and the Servicer more than once in any calendar year; and
(e) upon request, an opinion of in-house counsel for the Seller and the Servicer, substantially in the form of Exhibit 9 attached hereto; provided, however, that such opinion shall not be required to be delivered by the Seller and the Servicer more than once in any calendar year.
Subsequent Closing Dates. In the event that the Company sells less than 735,294 shares of Common Stock on the Initial Closing Date, the Company, at its option, may sell the remaining shares at one or more subsequent closings (each, a "Subsequent Closing" and collectively, the "Subsequent Closings") which shall be held at such time and place not later than 30 days after the Initial Closing Date as shall be mutually agreed upon by the Company and the subsequent Subscribers (the date of such Subsequent Closing is hereinafter referred to as "Subsequent Closing Date"). In the event of any Subsequent Closing, each Subscriber thereat shall sign a counterpart of this Agreement (whereupon such subsequent Subscriber shall become a party hereto for all purposes hereof). Subject to the satisfaction or waiver of the terms and conditions of this Agreement on a Subsequent Closing Date, each Subscriber shall purchase and the Company shall sell to each Subscriber the number of Shares and Warrants designated to be sold to such Subscriber on the Subsequent Closing Date as set forth on the signature page hereto next to the name of such Subscriber (the "Subsequent Closing Shares" and "Subsequent Closing Warrants," respectively). The aggregate purchase price of the Subsequent Closing Shares to be purchased by the Subscribers on a Subsequent Closing Date shall be equal to the product obtained by multiplying (x) the number of Subsequent Closing Shares to be purchased on such Subsequent Closing Date by (y) $0.68.
Subsequent Closing Dates. The Lessee shall deliver to the Lessor, the Investors and the Agent a Requisition appropriately completed, in connection with each Closing Date.
Subsequent Closing Dates. Each closing of a sale and purchase of Additional Securities shall take place at the offices of the Company, 00000 Xxxxxxx Xxxx, Xxxxx 000 Xxxxx, Xxxxxx, Xxxxx, at 10 a.m., Dallas time, on such date, (which shall not be a day on which banking institutions in the State of Texas or New York are required or authorized to close) as shall be specified in any Call Notice (each such closing being herein called a "Subsequent Closing" and each such date and time being herein called a "Subsequent Closing Date").
Subsequent Closing Dates. Each closing of a sale and purchase of Additional Units shall take place at the offices of Reboul, MacMurray, Xxxxxx, Xxxxxxx & Kristol, 00 Xxxxxxxxxxx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000 at 10 a.m., New York time, on such date (which shall not be a day on which banking institutions in the State of New York are required or authorized to close) as shall be specified in any Purchase Notice, or at such other date and time as may be mutually agreed upon between the Purchasers and the Company (each such closing being herein called a "Subsequent Closing" and each such date and time being herein called a "Subsequent Closing Date").
Subsequent Closing Dates. Until the Scheduled Reinvestment End Date, the Borrower may designate no more than two Business Days during each calendar month as a Subsequent Closing Date. On each Subsequent Closing Date, the Borrower may accept Commitments from one or more Subsequent Lenders. On the terms and conditions hereinafter set forth, each Subsequent Lender agrees, effective upon its execution and delivery to the Borrower of its Subsequent Lender Commitment Form (a copy of which shall be provided to the Collateral Agent prior to such Subsequent Draw Date), to fund Draws to the Borrower from time to time during the applicable Subsequent Draw-Down Period in an aggregate amount not to exceed such Subsequent Lender’s Commitment, provided, however, that under no circumstances shall any Subsequent Lender be required to fund any Draw unless, both prior to and after giving effect to such Draw, each Draw Condition Precedent shall be satisfied.
Subsequent Closing Dates. Bxxxx agrees to purchase at least 35 of the Section 2 Lots within fifteen (15) days after the Completion Date for all Section 2 Lots (the “Second Closing Date”). Ninety (90) days after the Second Closing Date, Buyer shall purchase at least 35 additional Section 2 Lots (the “Third Closing Date”), and one hundred eighty (180) days after the Second Closing Date Buyer agrees to purchase the remaining approximately 40 Section 2 Lots (the “Fourth Closing Date”). Any Lots purchased by Buyer in excess of the minimum number of Lots at a Closing will count as a credit toward Bxxxx’s next and subsequent minimum Lot purchase obligation(s). As used herein, “Closing” means the act of conveying title to one or more of the Lots to Buyer concurrently with the delivery of the Purchase Price for such Lots to Seller. Each Closing shall be held at the office of the Title Company, unless otherwise designated by Seller and Buyer.
Subsequent Closing Dates. Ninety (90) days after the Section 4 Initial Closing Date, Buyer shall purchase the remaining 72 Section 4 Lots (the “Section 4 Second Closing Date). Any Lots purchased by Bxxxx in excess of the minimum number of Lots at the initial Closing will count as a credit toward Bxxxx’s next and subsequent Section 4 Lot purchase obligation. As used herein, “Closing” means the act of conveying title to one or more of the Lots to Buyer concurrently with the delivery of the Purchase Price for such Lots to Seller. Each Closing shall be held at the office of the Title Company, unless otherwise designated by Seller and Buyer.
Subsequent Closing Dates. The obligations of Lessor and -------------------------- Lessee to enter into and perform its respective obligations under a Lease Supplement in respect of any Item of Equipment covered by this Lease Agreement on any Closing Date other than the first Closing Date is subject to the fulfillment, to the reasonable satisfaction of Lessor and/or Lessee, as the case may be, on or prior to such subsequent Closing Date, of the conditions precedent to such obligation specified below:
(i) The Lease Supplement in respect of the Equipment to be leased on such subsequent Closing Date and the following documents shall have been duly authorized, executed and delivered by the respective party or parties thereto, shall each be satisfactory in form and substance to Lessor and executed copies thereof shall have been delivered to Lessor or its counsel (except where otherwise noted):
(A) copies of invoices of manufacturers or vendors and other evidence in respect of the Equipment being leased by Lessor to Lessee on such Closing Date, which will permit Lessor and Lessee to verify the Equipment Cost of such Equipment and, if any Item of Equipment to be leased on such Closing Date is Sale-Leaseback Equipment, a Bill of Sale therefor;
(B) a certificate of the Secretary or an Assistant Secretary of Lessee, dated as of such Closing Date, as to the Person or Persons authorized to execute and deliver the Lease Supplement in respect of the Equipment to be leased on such Closing Date and any other documents to be executed on behalf of Lessee in connection with the transactions contemplated hereby and the signatures of such Person or Persons;
(C) a certificate of the Secretary or an Assistant Secretary of Guarantor, dated as of such Closing Date, as to the Person or Persons authorized to execute and deliver any documents to be executed on behalf of Guarantor in connection with the transactions contemplated hereby and the signatures of such Person or Persons; and
(D) a certificate of the Secretary or an Assistant Secretary of Lessor, dated as of such Closing Date, as to the Person or Persons authorized to execute and deliver the Lease Supplement in respect of the Equipment to be leased on such Closing Date and any other documents to be executed on behalf of Lessor in connection with the transactions contemplated hereby and the signatures of such Person or Persons, such certificate to be satisfactory in form and substance to Lessee and executed copies thereof to have been delivered to Less...
Subsequent Closing Dates. The date and time of any Subsequent Closing (each a “Subsequent Closing Date”, and together with Initial Closing Date, each a “Closing Date” and collectively, the “Closing Dates”) shall be at such time and on such date as the Company and each Subsequent Buyer may mutually agree upon, 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 Section 1(a)(ii) and this Section 1(c), at the offices of the Company. Any Person approved by the Company may become a Subsequent Buyer and may purchase Subsequent Notes by duly executing and delivering a Joinder Agreement, substantially in the form attached hereto as Exhibit E, to the Company. Any Initial Buyer may also purchase, at such Initial Buyer’s option, Subsequent Notes by delivering a Subsequent Closing Notice, substantially in the form attached hereto as Exhibit F, to the Company. 1 NTD: Total principal amount of Notes issuable hereunder to be $4,444,444.44.
