Closing Commitment definition
Examples of Closing Commitment in a sentence
If this Agreement is terminated pursuant to this Section 9(k)(ii), the Company shall issue to the Buyer the First Closing Commitment Shares immediately prior to the termination hereof.
At any time during the Commitment Increase Period, Borrower may request that Agent increase the Total Commitment Amount from the Closing Commitment Amount up to an amount that shall not exceed the Maximum Commitment Amount.
Seller further represents and warrants to Buyer that prior to or concurrent with the applicable Closing, that Seller shall satisfy all requirements of the Title Company applicable to Seller as set forth in the Original Title Commitment and the Closing Commitment.
If, however, a Defect not revealed in the Title Documents is shown in a subsequent update or endorsement to the Original Title Commitment, including, without limitation, the Closing Commitment, Buyer shall have until seven (7) business days after Buyer’s receipt of such update or endorsement to provide Seller with a Notice of Defect with respect thereto; and, if necessary, the applicable Closing Date shall be extended to give effect to all applicable time periods set forth in this section.
The number of First Closing Commitment Shares shall be appropriately adjusted for any reorganization, recapitalization, non-cash dividend, stock split or other similar transaction.
Each Investor may assign its Second Closing Commitment to entities affiliated with such Investor.
For clarity, in no event will any Investor be obligated to purchase Additional Shares or IPO Shares, as the case may be, in excess of their respective Second Closing Commitment.
In the such case, the number of Second Closing Commitment Shares shall be equal to 7% of the Purchase Price of the Second Debenture divided by the arithmetic average of the Closing Bid Prices of the Common Stock for the ten (10) consecutive Trading Days immediately preceding the Trading Day which is two (2) Trading Days prior to the date of termination of this Agreement.
If this Agreement is terminated pursuant to this Section 9(k)(vi) prior to the Second Closing other than solely as a result of the failure of a registration statement to be declared effective by the SEC with respect to the Second Closing or any material breach of the Buyer's obligation hereunder, the Company shall issue to the Buyer the Second Closing Commitment Shares immediately upon the termination hereof.
At any time during the Commitment Increase Period, Borrower may request that Agent increase the Total Commitment Amount from the Closing Commitment Amount up to the Maximum Commitment Amount.