Common use of Subsequent Sales of Notes Clause in Contracts

Subsequent Sales of Notes. At any time on or before the ____1 day following the Closing, the Company may sell Notes representing up to the balance of the authorized principal amount not sold at the Closing (the “Additional Purchasers”). All such sales made at any additional closings (each an “Additional Closing”) shall be made on the terms and conditions set forth in this Agreement and (i) the representations and warranties of the Company set forth in Section 3 hereof shall speak as of the Closing and the Company shall have no obligation to update any disclosure related thereto, and (ii) the representations and warranties of the Additional Purchasers in Section 4 hereof shall speak as of such Additional Closing. This Agreement, including without limitation, the Schedule of Purchasers, may be amended by the Company without the consent of Purchasers to include any Additional Purchasers upon the execution by such Additional Purchasers of a counterpart signature page hereto. Any Notes sold pursuant to this Section 2.2 shall be deemed to be “Notes,” for all purposes under this Agreement and any Additional Purchasers thereof shall be deemed to be “Purchasers” for all purposes under this Agreement.

Subsequent Sales of Notes. At any time on or before the ____1 ninetieth (90th) day following the Closing, the Company may sell Notes representing up to the balance of the authorized principal amount not sold at the Closing (the “Additional Purchasers”). All such sales made at any additional closings (each an “Additional Closing”) shall be made on the terms and conditions set forth in this Agreement and (i) the representations and warranties of the Company set forth in Section 3 hereof shall speak as of the Closing and the Company shall have no obligation to update any disclosure related thereto, and (ii) the representations and warranties of the Additional Purchasers in Section 4 hereof shall speak as of such Additional Closing. This Agreement, including without limitation, the Schedule of Purchasers, may be amended by the Company without the consent of Purchasers to include any Additional Purchasers upon the execution by such Additional Purchasers of a counterpart signature page hereto. Any Notes sold pursuant to this Section 2.2 shall be deemed to be “Notes,” for all purposes under this Agreement and any Additional Purchasers thereof shall be deemed to be “Purchasers” for all purposes under this Agreement.

Subsequent Sales of Notes. At any time on or before the ____1 60th day following the Closing, the Company may sell additional Notes representing up to such persons as may be approved by the balance of the authorized principal amount not sold at the Closing Company (the “Additional Purchasers”). All such sales made at any additional closings (each an “Additional Closing”) ), shall be made on the terms and conditions set forth in this Agreement Agreement, and (i) the representations and warranties of the Company set forth in Section 3 hereof shall speak as of the Closing and the Company shall have no obligation to update any disclosure related theretosuch disclosure, and (ii) the representations and warranties of the Additional Purchasers in Section 4 hereof shall speak as of such Additional Closing. This Agreement, including without limitation, the The Schedule of Purchasers, Purchasers may be amended by the Company without the consent of the Purchasers to include any Additional Purchasers upon the execution by such Additional Purchasers of a counterpart signature page hereto. Any Notes sold pursuant to this Section 2.2 2.3 shall be deemed to be “Notes,” for all purposes under this Agreement and any Additional Purchasers thereof shall be deemed to be “Purchasers” for all purposes under this Agreement.

Subsequent Sales of Notes. At any time on or before the ____1 day following the ClosingDecember 31, 2014, the Company may sell Notes representing up to the balance of the authorized principal amount not sold at the Closing (the “Additional Purchasers”). All such sales made at any additional closings (each an “Additional Closing”) shall be made on the terms and conditions set forth in this Agreement and (i) the representations and warranties of the Company set forth in Section 3 hereof shall speak as of the Closing and the Company shall have no obligation to update any disclosure related thereto, and (ii) the representations and warranties of the Additional Purchasers in Section 4 hereof shall speak as of such Additional Closing. This Agreement, including including, without limitation, the Schedule of Purchasers, may be amended by the Company without the consent of Purchasers to include any Additional Purchasers upon the execution by such Additional Purchasers of a counterpart signature page hereto. Any Notes sold pursuant to this Section 2.2 shall be deemed to be “Notes,” for all purposes under this Agreement and any Additional Purchasers thereof shall be deemed to be “Purchasers” for all purposes under this Agreement.

Subsequent Sales of Notes. At any time on or before the ____1 60th day following the Closing, the Company may sell additional Notes representing up to such persons as may be approved by the balance of the authorized principal amount not sold at the Closing Company (the “"Additional Purchasers”"). All such sales made at any additional closings (each an “"Additional Closing”) "), shall be made on the terms and conditions set forth in this Agreement Agreement, and (i) the representations and warranties of the Company set forth in Section 3 hereof shall speak as of the Closing and the Company shall have no obligation to update any disclosure related theretosuch disclosure, and (ii) the representations and warranties of the Additional Purchasers in Section 4 hereof shall speak as of such Additional Closing. This Agreement, including without limitation, the The Schedule of Purchasers, Purchasers may be amended by the Company without the consent of the Purchasers to include any Additional Purchasers upon the execution by such Additional Purchasers of a counterpart signature page hereto. Any Notes sold pursuant to this Section 2.2 2.3 shall be deemed to be “"Notes,” " for all purposes under this Agreement and any Additional Purchasers thereof shall be deemed to be “"Purchasers” " for all purposes under this Agreement.

Subsequent Sales of Notes. At any time on or before the ____1 day following Up to forty five (45) days after the Closing, Cross River agrees to purchase an additional $250,000 principal amount of Notes provided that the OilServ Investors contemporaneously invest an additional $312,500 principal amount of Notes (such event to be the “Second Closing”). Additionally, the Company may sell Notes issue Notes, as defined at the end of this Section 2.2, representing up to the balance of the authorized principal amount Maximum Amount not sold at the Closing and the Second Closing to additional investors (the “Additional PurchasersInvestors”). All such sales made at any additional closings (each an “Additional Closing”) shall be made on the terms and conditions set forth in this Agreement and (ia) the representations and warranties of the Company set forth in Section 3 hereof shall speak as of the Closing Closing, and the Company shall have no obligation to update any disclosure related thereto, and (iib) the representations and warranties of the Additional Purchasers Investors in Section 4 hereof shall speak as of such Additional Closing. This Agreement, including without limitation, the Schedule of Purchasers, Agreement may be amended by the Company without the consent of Purchasers the Investors to include any Additional Purchasers Investors upon the execution by such Additional Purchasers Investors of a counterpart signature page hereto. Any Notes sold pursuant to this Section 2.2 shall be deemed to be “Notes,” for all purposes under this Agreement and any Additional Purchasers Investors thereof shall be deemed to be “PurchasersInvestors” for all purposes under this Agreement.

Subsequent Sales of Notes. At any time on or before the ____1 day following the ClosingDecember 31, 2021, the Company may sell Notes representing up to the balance of the authorized principal amount to additional purchasers (who may include purchasers, who shall be subject to the prior written consent of the Lead Purchaser, which shall not sold at the Closing (be unreasonably withheld, conditioned or delayed, from prior closings, the “Additional Purchasers”). All such sales made ) not sold at the Initial Closing and previous Additional Closings, if any additional closings (each an “Additional Closing”) ). Each sale at an Additional Closing shall be made on the terms and conditions set forth in this Agreement and (i) the representations and warranties of the Company set forth in Section 3 hereof shall speak as of the Closing and the Company shall have no obligation to update any disclosure related thereto, and (ii) the representations and warranties of the Additional Purchasers in Section 4 hereof shall speak as of such Additional Closing. This Agreement, including without limitation, the Schedule of Purchasers, may only be amended by the Company without with the consent of Purchasers the Lead Purchaser to include any Additional Purchasers upon the execution by such Additional Purchasers of a counterpart signature page hereto. Any Notes sold pursuant to this Section 2.2 shall be deemed to be “Notes,” for all purposes under this Agreement and any Additional Purchasers thereof shall be deemed to be “Purchasers” for all purposes under this Agreement.

Subsequent Sales of Notes. At any time on or before the ____1 45th day following the ClosingClosing Date, the Company may sell Notes representing up to the balance of the authorized total offering of $1,075,000 in aggregate principal amount of the Notes not sold at the Closing to such persons (the “Additional Purchasers”)) as may be approved by the Board of Directors of the Company. The Company may also make subsequent sales of the Notes up to the balance of the total offering of an aggregate principal amount of $1,075,000 of the Notes at such later time as may be approved by the Board of Directors of the Company and the Required Purchasers. All such sales made at any additional closings (each an “Additional Closing”), (a) shall be made on the terms and conditions set forth in this Agreement and (ib) the representations and warranties of the Company set forth in Section 3 hereof Article 5 shall speak as of the Closing and the Company shall have no obligation to update any disclosure related theretosuch disclosure, and (iic) the representations and warranties of the Additional Purchasers in Section 4 Article 6 hereof shall speak as of such Additional Closing. This Agreement, including without limitation, the Schedule of Purchasers, Agreement may be amended by the Company without the consent of the Purchasers to revise Annex A to include any information relating to Additional Purchasers upon the execution by such Additional Purchasers of a counterpart signature page heretoPurchasers. Any Notes sold pursuant to this Section 2.2 2.4 shall be deemed to be “Notes,” for all purposes under this Agreement Agreement, and any Additional Purchasers thereof shall be deemed to be “Purchasers” for all purposes under this Agreement.

Subsequent Sales of Notes. At any time on or before the _____1 day following the Closing, the Company may sell Notes representing up to the balance of the authorized principal amount not sold at the Closing (the “Additional Purchasers”). All such sales made at any additional closings (each an “Additional Closing”) shall be made on the terms and conditions set forth in this Agreement and (i) the representations and warranties of the Company set forth in Section 3 hereof shall speak as of the Closing and the Company shall have no obligation to update any disclosure related thereto, and (ii) the representations and warranties of the Additional Purchasers in Section 4 hereof shall speak as of such Additional Closing. This Agreement, including without limitation, the Schedule of Purchasers, may be amended by the Company without the consent of Purchasers to include any Additional Purchasers upon the execution by such Additional Purchasers of a counterpart signature page hereto. Any Notes sold pursuant to this Section 2.2 shall be deemed to be “Notes,” for all purposes under this Agreement and any Additional Purchasers thereof shall be deemed to be “Purchasers” for all purposes under this Agreement.

Subsequent Sales of Notes. At any time on or before the ____1 180th day following the ClosingEffective Date, the Company may sell Notes representing up to the balance of the authorized principal amount Authorized Investment Amount not sold at the Closing any previous Closings (the “Additional Purchasers”). All such sales made at any additional closings Closings (each an “Additional Closing”) shall be made on the terms and conditions set forth in this Agreement and (i) the representations and warranties of the Company set forth in Section 3 hereof shall speak as of the Closing Effective Date and the Company shall have no obligation to update any disclosure related thereto, and (ii) the representations and warranties of the Additional Purchasers in Section 4 hereof shall speak as of such Additional Closing. This Agreement, including without limitation, the Schedule of Purchasers, may be amended by the Company without the consent of Purchasers to include any Additional Purchasers upon the execution by such Additional Purchasers of a counterpart signature page hereto. Any Notes sold pursuant to this Section 2.2 shall be deemed to be “Notes,” for all purposes under this Agreement and any Additional Purchasers thereof shall be deemed to be “Purchasers” for all purposes under this Agreement.

Subsequent Sales of Notes. At any time on or before June 30, 2016 (or such later date as may be determined by the ____1 day following the ClosingCompany), the Company may continue to sell Notes representing up to the balance of the authorized principal amount not sold at the Closing Maximum Loan Amount to one or more investors (the each, an “Additional PurchasersPurchaser”). All such sales made at any additional closings (each an “Additional Closing”) shall be made on the terms and conditions set forth in this Agreement Agreement, and (i) the representations and warranties of the Company set forth in Section 3 4 hereof shall speak as of November 30, 2015 (except to the Closing extent they expressly reference a different date) and the Company shall have no obligation to update any disclosure related theretosuch disclosure, and (ii) the representations and warranties of the Additional Purchasers in Section 4 hereof shall speak as of such Additional Closing. The Initial Closing and each Additional Closing shall be deemed a “Closing” hereunder. This Agreement, including without limitation, the Schedule of Purchasers, may be amended by the Company without the consent of Purchasers to include any Additional Purchasers upon the execution by such Additional Purchasers of a counterpart signature page heretoto this Agreement. Any Notes sold pursuant to this Section 2.2 shall be deemed to be “Notes,” for all purposes under this Agreement and any Additional Purchasers thereof shall be deemed to be “Purchasers” for all purposes under this Agreement.

Subsequent Sales of Notes. At any time on or before the ____1 fifteenth day following the Initial Closing, the Company may sell Notes representing up to the balance of the authorized principal amount not sold at the Closing Note Maximum (the “Additional Purchasers”). All such sales made at any additional closings (each an “Additional Closing”) shall be made on the terms and conditions set forth in this Agreement and (i) the representations and warranties of the Company set forth in Section 3 2 hereof shall speak as of the Closing and the Company shall have no obligation to update any disclosure related thereto, and (ii) the representations and warranties of the Additional Purchasers in Section 4 3 hereof shall speak as of such Additional Closing. This Agreement, including without limitation, the Schedule of PurchasersExhibit A, may be amended by the Company without the consent of Purchasers to include any Additional Purchasers upon the execution by such Additional Purchasers of a counterpart signature page hereto. Any Notes sold pursuant to this Section 2.2 1(c) shall be deemed to be “Notes,” for all purposes under this Agreement and any Additional Purchasers thereof shall be deemed to be “Purchasers” for all purposes under this Agreement.

Subsequent Sales of Notes. At any time on or before the ____1 180th day following the Closing, the Company may sell Notes representing up to the balance of the authorized principal amount not sold at the Closing (the “Additional Purchasers”). All such sales made at any additional closings (each an “Additional Closing”) shall be made on the terms and conditions set forth in this Agreement and (i) the representations and warranties of the Company set forth in Section 3 hereof shall speak as of the Closing and the Company shall have no obligation to update any disclosure related thereto, and (ii) the representations and warranties of the Additional Purchasers in Section 4 hereof shall speak as of such Additional Closing. This Agreement, including without limitation, the Schedule of Purchasers, may be amended by the Company without the consent of Purchasers to include any Additional Purchasers upon the execution by such Additional Purchasers of a counterpart signature page hereto. Any Notes sold pursuant to this Section 2.2 shall be deemed to be “Notes,” for all purposes under this Agreement and any Additional Purchasers thereof shall be deemed to be “Purchasers” for all purposes under this Agreement.

Subsequent Sales of Notes. At any time on or before the ____1 30th day following the ClosingClosing Date, the Company may sell Notes representing up to the balance of the authorized total offering of $292,000, in principal amount of the Notes not sold at the Closing to such persons (the “Additional Purchasers”)) as may be approved by the Board of Directors of the Company. The Company may also make subsequent sales of the Notes up to the balance of the total offering of an aggregate principal amount of $292,000 of the Notes at such later time as may be approved by the Board of Directors of the Company and the Required Purchasers. All such sales made at any additional closings (each an “Additional Closing”), (a) shall be made on the terms and conditions set forth in this Agreement and (ib) the representations and warranties of the Company set forth in Section 3 hereof Article 5 shall speak as of the Closing and the Company shall have no obligation to update any disclosure related theretosuch disclosure, and (iic) the representations and warranties of the Additional Purchasers in Section 4 Article 6 hereof shall speak as of such Additional Closing. This Agreement, including without limitation, the Schedule of Purchasers, Agreement may be amended by the Company without the consent of the Purchasers to revise Annex A to include any information relating to Additional Purchasers upon the execution by such Additional Purchasers of a counterpart signature page heretoPurchasers. Any Notes sold pursuant to this Section 2.2 2.4 shall be deemed to be “Notes,” for all purposes under this Agreement Agreement, and any Additional Purchasers thereof shall be deemed to be “Purchasers” for all purposes under this Agreement.

Subsequent Sales of Notes. At any time on or before the ____1 120th day following the Closing, the Company may sell Notes representing up to the balance of the authorized principal amount not sold at the Closing (the “Additional Purchasers”). All such sales made at any additional closings (each an “Additional Closing”) shall be made on the terms and conditions set forth in this Agreement and (i) the representations and warranties war- ranties of the Company set forth in Section 3 hereof shall speak as of the Closing and the Company shall have no obligation to update any disclosure related thereto, and (ii) the representations and warranties of the Additional Purchasers in Section 4 hereof shall speak as of such Additional Closing. This Agreement, including without limitation, the Schedule of Purchasers, may be amended by the Company without the consent of Purchasers Pur- chasers to include any Additional Purchasers upon the execution by such Additional Purchasers Pur- chasers of a counterpart signature page hereto. Any Notes sold pursuant to this Section 2.2 shall be deemed to be “Notes,” for all purposes under this Agreement and any Additional Purchasers thereof shall be deemed to be “Purchasers” for all purposes under this Agreement.