Time of the Essence; Computation of Time. Time is of the essence for each and every provision of this Agreement. Whenever the last day for the exercise of any privilege or the discharge or any duty hereunder shall fall upon a day that is not a Business Day, the party having such privilege or duty may exercise such privilege or discharge such duty on the next succeeding day which is a regular Business Day.
Appears in 19 contracts
Samples: Stock Purchase Agreement (Epicor Software Corp), Stock Purchase Agreement (American Greetings Corp), Stock Purchase Agreement (Us Ecology, Inc.)
Time of the Essence; Computation of Time. Time is of the essence for each and every provision of this Agreement. Whenever the last day for the exercise of any privilege or the discharge or any duty hereunder shall fall upon a day that is not a Business Day, the party having such privilege or duty may exercise such privilege or discharge such duty on the next succeeding day which is a regular Business Day.
Appears in 10 contracts
Samples: Merger Agreement (FinTech Acquisition Corp), Merger Agreement (JetPay Corp), Unit Purchase Agreement (JetPay Corp)
Time of the Essence; Computation of Time. Time is of the essence for each and every provision of this Agreement. Whenever the last day for the exercise of any privilege or the other discharge or any duty hereunder shall fall upon a day that is not a Non-Business Day, the party having such privilege or duty may exercise such privilege or discharge such duty on the next succeeding day which is a regular Business Day.
Appears in 5 contracts
Samples: Registration Rights Agreement (I2 Technologies Inc), Registration Rights Agreement (I2 Technologies Inc), Registration Rights Agreement (Aspect Communications Corp)
Time of the Essence; Computation of Time. Time is of the essence for each and every provision of this Agreement. Whenever the last day for the exercise of any privilege or the discharge or of any duty hereunder shall fall upon a day that which is not a Business Daybusiness day, the party having such privilege or duty may exercise such privilege or discharge such duty on the next succeeding day which is a regular Business Daybusiness day.
Appears in 4 contracts
Samples: Registration Rights Agreement (Authentec Inc), Registration Rights Agreement (Riverwood Holding Inc), Registration Rights Agreement (Graphic Packaging Corp)
Time of the Essence; Computation of Time. Time is of the essence for each and every provision of this Agreement. Whenever the last day for the exercise of any privilege or the discharge or any duty hereunder shall fall upon a day that is not a non-Business Day, the party having such privilege or duty may exercise such privilege or discharge such duty on the next succeeding day which is a regular Business Day.. * * * * *
Appears in 4 contracts
Samples: Preferred Stock and Subordinated Note Purchase Agreement (Castle Dental Centers Inc), Preferred Stock Purchase Agreement (Aspect Communications Corp), Preferred Stock and Subordinated Note Purchase Agreement (Heller Financial Inc)
Time of the Essence; Computation of Time. Time is of the essence for each and every provision of this Agreement. Whenever the last day for the exercise of any privilege or the discharge or any duty hereunder shall fall upon a day that is not a Business Daybusiness day, the party having such privilege or duty may exercise such privilege or discharge such duty on the next succeeding day which is a regular Business Daybusiness day.
Appears in 3 contracts
Samples: Series D Convertible Preferred Stock and Warrant Purchase Agreement (SoftBrands, Inc.), Series C Convertible Preferred Stock and Warrant Purchase Agreement (SoftBrands, Inc.), Series C Convertible Preferred Stock and Warrant Purchase Agreement (Abry Mezzanine Partners Lp)
Time of the Essence; Computation of Time. Time is of the essence for each and every provision of this Agreement. Whenever the last day for the exercise of any privilege or the discharge or any duty hereunder shall fall upon a day that is not a Business Day, the party Party having such privilege or duty may exercise such privilege or discharge such duty on the next succeeding day which is a regular Business Day.
Appears in 3 contracts
Samples: Unit Purchase Agreement (Emeritus Corp\wa\), Unit Purchase Agreement (Emeritus Corp\wa\), Securities Purchase Agreement (Vca Antech Inc)
Time of the Essence; Computation of Time. Time is of the essence for each and every provision of this Agreement. Whenever the last day for the exercise of any privilege or the discharge or any duty hereunder shall fall upon a day that is not a non-Business Day, the party Party having such privilege or duty may exercise such privilege or discharge such duty on the next succeeding day which is a regular Business Day.
Appears in 2 contracts
Samples: Conversion Agreement (Aspect Communications Corp), Conversion Agreement (Aspect Communications Corp)
Time of the Essence; Computation of Time. Time is of the essence for of each and every provision of this Agreement. Whenever If the last day for the exercise of any privilege or the discharge or of any duty hereunder under this Agreement shall fall upon a day that is not Saturday, Sunday or any public or legal holiday, whether federal or of a Business Day, state in which the party having such privilege or duty may resides or has its principal place of business, then the party having such privilege or duty shall have until 5:00 p.m. local time on the next succeeding regular Business Day to exercise such privilege or to discharge such duty on the next succeeding day which is a regular Business Dayduty.
Appears in 2 contracts
Samples: Share Exchange Agreement (Coca Cola Bottling Group Southwest Inc), Merger Agreement (Coca Cola Bottling Group Southwest Inc)
Time of the Essence; Computation of Time. Time is of the essence for of each and every provision of this AgreementAgreement which, by its terms, calls for performance by a specified date. Whenever the last day for the exercise of any privilege or the discharge or of any duty hereunder shall fall upon a day that is not a Business DaySaturday, Sunday or any public or legal holiday, whether state or federal, the party having such privilege or duty may exercise such privilege or discharge such duty on the next succeeding day which is a regular Business Daybusiness day.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Locateplus Holdings Corp), Reorganization Agreement (Schimatic Cash Transactions Network Com Inc)
Time of the Essence; Computation of Time. Time is of the essence for each and every provision of this Agreement. Whenever the last day for the exercise of any privilege or the discharge or of any duty hereunder shall fall upon a day that is not other than a Business Day, the party Party having such privilege or duty may exercise such privilege or discharge such duty on the next succeeding day which is a regular Business Day.
Appears in 2 contracts
Samples: Stock Purchase Agreement, Stock Purchase Agreement (LRAD Corp)
Time of the Essence; Computation of Time. Time is of the essence for of each and every provision of this Agreement. Whenever the last day for the exercise of any privilege or the discharge or of any duty hereunder under this Agreement shall fall upon Saturday, Sunday or any public or legal holiday, whether federal or of a day that is not a Business Daystate in which the person or entity having such privilege or duty resides or has its principal place of business, the party having such privilege or duty may shall have until 5:00 p.m. on the next succeeding regular business day to exercise such privilege or to discharge such duty on the next succeeding day which is a regular Business Dayduty.
Appears in 1 contract
Samples: Mineral Rights Pledge Agreement (Galaxy Minerals Inc)
Time of the Essence; Computation of Time. Time is of the essence for each and every provision of this Agreement. Whenever the last day for the exercise of any privilege or the discharge or any duty hereunder shall fall upon a day that is not a Business Day, the party Party having such privilege or duty may exercise such privilege or discharge such duty on the next succeeding day which is a regular Business Day.. SECURITIES PURCHASE AGREEMENT
Appears in 1 contract
Samples: Securities Purchase Agreement
Time of the Essence; Computation of Time. Time is of the essence for of each and every provision of this Agreement. Whenever the last day for the exercise of any privilege or the discharge or of any duty hereunder under this Agreement shall fall upon a day that is not a Business DaySaturday, Sunday or any public or legal holiday, whether state or federal, the party having such privilege or duty may exercise such privilege or discharge such duty on the next succeeding day which is a regular Business Daybusiness day.
Appears in 1 contract
Time of the Essence; Computation of Time. Time is of the essence for each and every provision of this Agreement. Whenever the last day for the exercise of any privilege or the discharge or of any duty hereunder shall fall upon a day that is not other than on a Business Day, the party Party having such privilege or duty may exercise such privilege or discharge such duty on the next succeeding day which is a regular Business Day.
Appears in 1 contract
Time of the Essence; Computation of Time. Time is of the essence for each and every provision of this Agreement. Whenever the last day for the exercise of any privilege or the discharge or any duty hereunder shall fall upon a day that which is not a Business Day, the party having such privilege or duty may exercise such privilege or discharge such duty on the next succeeding day which is a regular Business Daybusiness day.
Appears in 1 contract
Samples: Registration Rights Agreement (Next Generation Network Inc)
Time of the Essence; Computation of Time. Time is of the essence for each and every provision of this Agreement. Whenever the last day for the exercise of any privilege or the discharge or any duty hereunder shall fall upon a day that is not a non-Business Day, the party having such privilege or duty may exercise such privilege or discharge such duty on the next succeeding day which is a regular Business Day.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (I2 Technologies Inc)
Time of the Essence; Computation of Time. Time is of the essence for each and every provision of this Agreement. Whenever the last day for the exercise of any privilege or the discharge or of any duty hereunder shall fall upon a day that is not a Business DaySaturday, Sunday, or any date federally chartered banks are closed, the party having such privilege or duty may exercise such privilege or discharge such duty on the next succeeding day which is a regular Business Daybusiness day.
Appears in 1 contract
Samples: Asset Purchase Agreement (Speedway Motorsports Inc)
Time of the Essence; Computation of Time. Time is of the essence for each and every provision of this Agreement. Whenever the last day for the exercise of any privilege or the discharge or of any duty hereunder shall fall upon a any day that which is not a Business Daybusiness day, the party having such privilege or duty may exercise such privilege or discharge such duty on the next succeeding day which is a regular Business Daybusiness day.
Appears in 1 contract
Samples: Merger Agreement (Neenah Foundry Co)
Time of the Essence; Computation of Time. Time is of the essence for ---------------------------------------- each and every provision of this Agreement. Whenever the last day for the exercise of any privilege or the other discharge or any duty hereunder shall fall upon a day that is not a Non-Business Day, the party having such privilege or duty may exercise such privilege or discharge such duty on the next succeeding day which is a regular Business Day.
Appears in 1 contract
Samples: Registration Rights Agreement (Heller Financial Inc)
Time of the Essence; Computation of Time. Time is of the essence for each and every provision of this Agreement. Whenever the last day for the exercise of any privilege or the discharge or of any duty hereunder shall fall upon a day that is not other than a Business Day, the party Party having such privilege or duty may exercise such privilege or discharge such duty on the next succeeding day which is a regular Business Day.
Appears in 1 contract
Samples: Merger Agreement (ZAGG Inc)
Time of the Essence; Computation of Time. Time is of the essence for each and every provision of this Agreement. Whenever the last day for the exercise of any privilege or the discharge or of any duty hereunder shall fall upon a day that is not other than a Business Day, the party having such privilege or duty may exercise such privilege or discharge such duty on the next succeeding day which is a regular Business Day.
Appears in 1 contract
Time of the Essence; Computation of Time. Time is of the essence for each and every provision of this Agreement. Whenever the last day for the exercise of any privilege or the discharge or any duty hereunder shall fall upon a day that which is not a Business Day, the party having such privilege or duty may exercise such privilege or discharge such duty on the next succeeding day which is a regular Business Day.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Centerpoint Properties Trust)