The Additional Closing Date Clause Samples
The Additional Closing Date clause defines a specific date or dates, beyond the initial closing, on which certain transactions or obligations under the agreement may be completed. In practice, this clause allows parties to schedule subsequent closings for items such as the transfer of additional assets, delivery of documents, or fulfillment of conditions that could not be met at the primary closing. Its core function is to provide flexibility and ensure that the transaction can proceed smoothly even if all elements are not ready at the initial closing, thereby reducing the risk of delays or incomplete performance.
The Additional Closing Date. The date and time of the Additional --------------------------- Closing (the "Additional Closing Date") shall be 10:00 a.
The Additional Closing Date. The date and time of the Additional --------------------------- Closing (the "Additional Closing Date") shall be 10:00 a.m. Central time, on the date which is 25 days after the first anniversary of the Initial Closing Date, subject to satisfaction (or waiver) of the conditions to the Additional Closing set forth in Sections 6(b) and 7(b) and the conditions contained in this Section 1(c) (or such later date as is mutually agreed to by the Company and the Buyers). At any time during the period beginning on and including the date which is one year after the Initial Closing Date and ending on and including the date which is 20 days after the first anniversary of the Initial Closing Date, but subject to the requirements of Sections 6(b) and 7(b) and the conditions contained in this Section 1(c); each Buyer may purchase, at such Buyer's option, Additional Preferred Shares by delivering written notice to the Company (a "Additional Share Notice") at least five Business Days (the "Additional Share Notice Date") prior to the Additional Closing Date. The Additional Share Notice shall set forth (i) the number of Additional Preferred Shares such Buyer will purchase (which number shall not exceed the sum of (a) the number of Preferred Shares held by such Buyer on the date which is one year after the Initial Closing Date and (b) the number of Preferred Shares converted by such Buyer before the date which is one year after the Initial Closing Date at a Conversion Price equal to the Fixed Conversion Price of such Preferred Shares as in effect on the date of conversion) along with the related Warrants and (ii) the aggregate Purchase Price for the Additional Preferred Shares. A Buyer shall only be allowed to deliver an Additional Share Notice on a day on which the Closing Bid Price (as defined in the Certificate of Designations) of the Common Stock is greater than the Fixed Conversion Price of the Initial Preferred Shares in effect on such date. The Additional Closing shall occur on the Additional Closing Date at the offices of ▇▇▇▇▇▇ ▇▇▇▇▇▇ & ▇▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇. (The Initial Closing Date and the Additional Closing Dates collectively are referred to in this Agreement as the "Closing Dates").
The Additional Closing Date. The date and time of each of the Additional Closings (the "ADDITIONAL CLOSING DATES") shall be 10:00 a.
The Additional Closing Date. Section 1(c) of the Purchase Agreement, --------------------------- is hereby amended such that Section 1(c) of the Purchase Agreement shall be replaced to read in its entirety as follows:
The Additional Closing Date. The date and time of the Additional --------------------------- Closing (the "ADDITIONAL CLOSING DATE") shall be 10:00 a.m. Central Time, on the fifth business day following the date of the receipt by each Buyer of the Additional Share Notice (as defined below) following the later of (x) the date the Registration Statement (as defined in the Registration Rights Agreement) is declared effective by the SEC and (y) the date the Company's stockholders approve the issuance of the Securities (as defined in Section 2(a) below) as described in Section 4(j) below, subject to satisfaction (or waiver) of the conditions to the Additional Closing set forth in Sections 6(b) and 7(b) and the conditions set forth in this paragraph (or such later date as is mutually agreed to by the Company and the Buyers). The Company shall deliver written notice (the "ADDITIONAL SHARE NOTICE") to each Buyer of the events described in clauses (x) and (y) of the preceding sentence on the first business day (the "ADDITIONAL SHARE NOTICE DATE") following the occurrence of the later to occur of such events.
The Additional Closing Date. The date and time of the Additional Closing (the “Additional Closing Date”) shall be 10:00 a.m. Eastern Time, on the fifth Business Day after the effectiveness, after satisfaction of the Stockholder Approval Condition, of the Registration Statement required by Section 2(a) the Registration Rights Agreement, subject to satisfaction (or waiver) of the applicable conditions to the Additional Closing set forth in Sections 6(b) and 7(b) (or such later date as is mutually agreed to by the Company and the Buyers). The Additional Closing shall occur on the Additional Closing Date at the offices of ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇ LLP, ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇., ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇. The Initial Closing Date and the Additional Closing Date collectively are referred to in this Agreement as the “Closing Dates.” The Stockholder Approval Condition shall mean the receipt by the Company of the requisite approval of its stockholders for the sale and issuance of the Additional Units, to the extent required by AMEX requirements; provided, however, that any stockholder approval shall be obtained no later than May 21, 2004.