Examples of Backstop Closing Date in a sentence
This Agreement may be terminated at any time prior to the Backstop Closing Date, by the mutual written consent of the Company and the RJB Purchaser; provided, however, that in such event the Company shall repurchase the September PIPE Securities from the Salzberg Purchaser for the September PIPE Investment Amount.
The Company shall notify the Purchasers in writing at least one (1) Trading Day prior to the anticipated Backstop Closing Date of the Backstop Subscription Amount as finally determined by the Company based on the results of the Rights Offering.
The Registration Statement and the Prospectus, at the time the Registration Statement becomes effective and as of the closing date of the Rights Offering and the Backstop Closing Date, will comply as to form in all material respects with the applicable requirements of the Securities Act and the Exchange Act and the rules and regulations of the SEC thereunder.
As soon as reasonably practicable after the Rights Offering Expiration Date and at least three (3) Business Days prior to the Backstop Closing Date, the Company will give the RJB Purchaser notice of the Rights Offering Securities purchased in the Rights Offering and the number of Backstopped Securities to be purchased hereunder by the RJB Purchaser and the aggregate price therefor.
On or prior to the Backstop Closing Date, each Purchaser shall deliver or cause to be delivered to the Company such Purchaser’s Pro Rata Portion of the Backstop Subscription Amount.
The representations and warranties of the Company in Section 3(b), Section 3(d), Section 3(e), Section 3(f), Section 3(k) and Section 3(gg) shall be true and correct as of the date hereof and as of the Backstop Closing Date as if made as of such date.
The representations and warranties of the Company in Section 3(c) shall be true and correct, except for de minimis inaccuracies, as of the date hereof and as of the Backstop Closing Date as if made as of such date (except for representations and warranties made as of a specified date, which shall be true and correct, except for de minimis inaccuracies, as of such specified date).
The representations and warranties of the Company in Section 3(a) shall be true and correct in all material respects as of the date hereof and as of the Backstop Closing Date as if made as of such date.
The Company shall deliver such New Notes to the Investors at least one (1) Business Day prior to the Backstop Closing Date to be held in escrow until the Backstop Closing Date with such escrow arrangements to be mutually satisfactory to the Company and the Investors.
The Prospectus, as of its date, did not and, as of the Backstop Closing Date, will not, and as of the dates of any amendments or supplements thereto, will not, include any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading.