Closing Day definition
Examples of Closing Day in a sentence
The proceeds of sale of the Series D Notes will, on the Series D Closing Day, be used for acquisitions, to repay indebtedness and for other general corporate purposes.
In the case of any Closing Day, no material adverse change in the business, condition (financial or otherwise) operations or prospects of the Company and its Subsidiaries, taken as a whole, has occurred since the end of the most recent fiscal year for which such audited financial statements had been furnished at the time of the Acceptance with respect to the Notes to be issued on such Closing Day.
In consideration for the time, effort and expense involved in the preparation, negotiation and execution of this Agreement, the Company will pay to or as directed by Prudential on the Series D Closing Day a fully earned and non-refundable fee in the aggregate amount of $25,000 (herein called the “Structuring Fee”).
Such Purchaser acknowledges that the Notes will not, on the Closing Day, be registered under the Securities Act, on the grounds that the sale provided for in this Agreement and the issuance of securities hereunder is exempt from registration under the Securities Act, and that the Company’s reliance on such exemption is predicated on the representations set forth in this Article 9.
In the event that the Company shall fail to give such notice referred to in the preceding sentence, Prudential (on behalf of each Purchaser) may at its election, at any time after 2:30 p.m., New York City local time, on such scheduled Closing Day, notify the Company in writing that such closing is to be canceled.