The Company shall have delivered the Initial Company Deliverables in accordance with Section 2.3(a).
The Company shall have delivered the Initial Company Deliverables in accordance with Section 2.2(a) prior to the Initial Closing Date.
Company Deliverables has the meaning set forth in Section 2.2(a).
Purchaser Deliverables has the meaning set forth in Section 2.2(b).
Investor Deliverables has the meaning set forth in Section 2.2(b).
Real Property Deliverables means each of the following agreements, instruments and other documents in respect of each Facility:
Project Deliverables means the Project deliverables set out in Schedule 2. Project Material means all the material including but not limited to documents, computer software, and data stored by any means which is created by the Fellow in the course of undertaking the Project.
First Amendment Closing Date has the meaning assigned to such term in the First Amendment.
Seller's Closing Certificate means the certificate of Seller in the form of Exhibit C attached hereto.
Closing Notice Has the meaning specified in the NPA. Company: Has the meaning specified in the first paragraph of this Trust Supplement.
Initial Consideration shall have the meaning set forth in Section 5.01.
First Delivery Date means the first date by which the commodity for a Futures Contract can be delivered in order for the terms of the Futures Contract to be fulfilled.
Closing Escrow Agreement means the Closing Escrow Agreement, dated as of the date hereof, between the Company, Xxxx Capital Partners, LLC and the escrow agent (the “Escrow Agent”) identified therein, in the form of Exhibit B hereto.
Buyer Closing Certificate has the meaning set forth in Section 7.03(d).
Acquisition Notice has the meaning set forth in Section 2.6(a).
Seller Closing Certificate has the meaning set forth in Section 7.02(d).
Termination Delivery Unit means (a) in the case of a Termination Event, an Event of Default or an Extraordinary Event (other than an Insolvency, Nationalization, Merger Event or Tender Offer), one Share or (b) in the case of an Insolvency, Nationalization, Merger Event or Tender Offer, a unit consisting of the number or amount of each type of property received by a holder of one Share (without consideration of any requirement to pay cash or other consideration in lieu of fractional amounts of any securities) in such Insolvency, Nationalization, Merger Event or Tender Offer. If a Termination Delivery Unit consists of property other than cash or New Shares and Counterparty provides irrevocable written notice to the Calculation Agent on or prior to the Closing Date that it elects to deliver cash, New Shares or a combination thereof (in such proportion as Counterparty designates) in lieu of such other property, the Calculation Agent shall replace such property with cash, New Shares or a combination thereof as components of a Termination Delivery Unit in such amounts, as determined by the Calculation Agent in its discretion by commercially reasonable means, as shall have a value equal to the value of the property so replaced. If such Insolvency, Nationalization, Merger Event or Tender Offer involves a choice of consideration to be received by holders, such holder shall be deemed to have elected to receive the maximum possible amount of cash.
Second Amendment Closing Date has the meaning assigned to such term in the Second Amendment.
Initial Closing shall have the meaning ascribed to such term in Section 2.1.
Share Delivery Date shall have the meaning set forth in Section 4(c)(ii).
Fourth Amendment Closing Date the date on which all the conditions precedent set forth in Section 3 of the Fourth Amendment shall be satisfied or waived.
Option Closing Purchase Price shall have the meaning ascribed to such term in Section 2.2(b), which aggregate purchase price shall be net of the underwriting discounts and commissions.
Initial Delivery Date has the meaning set forth in Section 1.1(d).
Third Amendment Closing Date has the meaning assigned to such term in the Third Amendment.
Addition Notice With respect to the transfer of Subsequent Mortgage Loans to the Trust Fund pursuant to Section 2.08, a notice of the Depositor's designation of the Subsequent Mortgage Loans to be sold to the Trust Fund and the aggregate principal balance of such Subsequent Mortgage Loans as of the Subsequent Cut-off Date. The Addition Notice shall be given not later than three Business Days prior to the related Subsequent Transfer Date and shall be substantially in the form attached hereto as Exhibit P.
Amendment Closing Date means the first date that all the conditions precedent set forth in this Amendment are satisfied or waived in accordance herewith.