Delivery of Securities After Closing. The Company shall deliver, or cause to be delivered, the respective Securities purchased by each Purchaser to such Purchaser within 3 Trading Days of the Closing Date.
Delivery of Securities After Closing. The Company shall within five Trading Days of the Closing Date deliver or cause to be delivered to the Transfer Agent instructions to deliver the respective Securities purchased by each Purchaser to such Purchaser.
Delivery of Securities After Closing. The Company shall deliver, or cause to be delivered, the ADSs purchased by each Purchaser to such Purchaser within five (5) Business Days of the Closing Date.
Delivery of Securities After Closing. The Company shall deliver, or cause to be delivered, the Securities to the Administrative Agent within three Business Days of the Closing Date. The Securities, together with any additional shares of Common Stock issued as provided in Section 4.6, shall, upon issuance in the manner set forth in Section 2.2(a)(ii) and without further action on the part of the Company or the Administrative Agent, become “Monroe Supporting Shares” for all purposes of the Credit Agreement.
Delivery of Securities After Closing. SEI shall deliver, or cause to be delivered, the respective Shares and Warrants purchased by each Purchaser to such Purchaser within 10 Trading Days of the Closing Date.
Delivery of Securities After Closing. The Company shall deliver, or cause to be delivered, the respective Securities purchased by Seaside to Seaside within three (3) Trading Days of the Closing Date.
Delivery of Securities After Closing. The Company shall deliver, or cause to be delivered, the Units purchased by each Purchaser to such Purchaser within three (3) Trading Days of the Closing Date, or such combination of Securities that, in total, represent identical constituent parts of such Units, as defined herein (totaling 12,300,000 Shares, 5,175,000 Class A Warrants, and 600,000 Class B Warrants.) As to Cornell, the Company shall satisfy its delivery obligation with respect to 850,592 of such Shares by delivering to Cornell a written notification that Cornell shall be entitled to retain possession and title to all of the 850,592 Shares delivered by the Company to it in connection with the Original Financing (the “Original Financing Shares”) and such Original Financing Shares shall offset the Company’s delivery obligations as to Shares on a one-to-one basis. The Company shall satisfy its obligation to deliver Warrants by delivering to Cornell the amendment of the Warrant Exercise Price of the Existing Warrants pursuant to Paragraph 2.2 (a)(iv) and effectuating such amendment on its records. Upon delivery of the Existing Debentures by Cornell pursuant to Section 2.2(b) hereof, all accrued and unpaid interest thereon shall be deemed to have been waived and there shall be no further obligation on the part of the Company or any other party to pay interest or fees on the Existing Debentures and all other obligations of the Company under the Existing Debentures shall be deemed to be terminated. The parties hereto acknowledge the current possession of the Original Financing Shares by Cornell and their obligation to act in good faith to effectuate final delivery and title to, and possession by, Cornell of all Securities to be transferred pursuant to this Agreement, including the Original Financing Shares.
Delivery of Securities After Closing. The Company shall deliver, or cause to be delivered, the respective Shares and Warrants purchased by each Purchaser to such Purchaser within 5 Trading Days of the Closing Date. Hedging Restrictions. Short Sales and Confidentiality After The Date Hereof. Each Purchaser severally and not jointly with the other Purchasers, covenants that neither it nor any Affiliate acting on its behalf or pursuant to any understanding with it will execute any Short Sales during the period commencing at the Discussion Time and ending at the time that the transactions contemplated by this Agreement are first publicly announced as described in Section 4.4. Each Purchaser, severally and not jointly with the other Purchasers, covenants that until such time as the transactions contemplated by this Agreement are publicly disclosed by the Company as described in Section 4.4, such Purchaser will maintain the confidentiality of the existence and terms of this transaction and the information included in the Disclosure Schedules. Each Purchaser understands and acknowledges, and agrees, severally and not jointly with any other Purchaser, to act in a manner that will not violate the positions of the Commission as set forth in Item 65, Section A, of the Manual of Publicly Available Telephone Interpretations, dated July 1997, compiled by the Office of Chief Counsel, Division of Corporation Finance. Notwithstanding the foregoing, no Purchaser makes any representation, warranty or covenant hereby that it will not engage in Short Sales in the securities of the Company after the time that the transactions contemplated by this Agreement are first publicly announced as described in Section 4.4. Notwithstanding the foregoing, in the case of a Purchaser that is a multi-managed investment vehicle whereby separate portfolio managers manage separate portions of such Purchaser's assets and the portfolio managers have no direct knowledge of the investment decisions made by the portfolio managers managing other portions of such Purchaser's assets, the covenant set forth above shall only apply with respect to the portion of assets managed by the portfolio manager that made the investment decision to purchase the Securities covered by this Agreement. MISCELLANEOUS
Delivery of Securities After Closing. The Company shall deliver, or cause to be delivered, the Securities purchased by the Purchaser promptly following the Closing Date.
Delivery of Securities After Closing. The Company shall deliver, or cause to be delivered, certificates evidencing the respective Shares purchased by each Investor to such Investor or, with respect to the OZ Entities and the GC Entities their designees (who shall be Credit Suisse Attn: Xxxxxx Xxxxxx; 00 Xxxxxxx Xxx; Xxx Xxxx, XX 00000 with respect to the OZ Entities (such account numbers to be separately provided to the Company), and shall be shall be Xxxxxxx, Sachs & Co. Attn: Xxxxxxx Xxxx; One New York Plaza; 44th Floor; Xxx Xxxx, XX 00000 with respect to the GC Entities (such account numbers to be separately provided to the Company)) with respect to the GC Entities) within three (3) Trading Days of the Closing Date.
