Examples of APA Closing in a sentence
The Escrow Property shall be held in escrow until the earlier of (i) date of the termination of the Asset Purchase Agreement, or (ii) the later of (A) the 24 month anniversary of the date of the APA Closing Date or (B) the satisfaction and discharge by the Seller of the OCS Debt and Obligations (the “ Termination Date ”).
If the APA Closing does not occur within 120 days after the notarization of this Agreement, either Party is entitled to withdraw from and rescind this Agreement by written notice thereof to the respective other Party and the Notary, provided that the reason that the APA Closing has not occurred is not the result of a breach of the APA by the terminating Party or of any obligation of the terminating Party under the APA.
Immediately after giving effect to each of the XXXX/NEP APA Closing and the CEPF Closing, all of the Class A Units shall be held by the NEP CEPF Member and all of the Class B Units shall be held by the XXXX Member, in each case, representing the Pro Rata Share set forth opposite the name of each such Member in Exhibit A hereto.
As of the APA Closing, the Contingent Royalty Reduction was not being taken against the Royalty Payments.
On and after the APA Closing Date, any amounts due to the Lender under this indemnification shall be Damages, as that term is defined in Section 9.1 of the APA, and shall be subject to all applicable provisions in the APA relating to enforcement of indemnification claims by Buyer Indemnified Parties, as that term is defined in Section 9.1 of the APA.
In the event the APA Closing occurs within ninety (90) days of the Put Closing Date, no adjustment to the Put Option Exercise Price shall be made.
The Canadian APA Closing shall have occurred substantially concurrently with the Closing.
Following the NEP SellCo Distribution, upon the consummation of the XXXX/NEP APA Closing, NEP Acquisitions shall acquire from NEP SellCo all of the issued and outstanding Class A Units (including the corresponding Pro Rata Share of fifty percent (50%) for such Class A Units), and NEP SellCo shall cease to be a Class A Member.
This Agreement shall be effective upon consummation of the APA Closing and shall not be effective unless and until the APA Closing occurs.
This Agreement shall terminate and be of no further force and effect if the APA Closing has not occurred by February 15, 2024.