Examples of Investment Closing in a sentence
The date the Investment Closing occurs is referred to as the “Investment Closing Date”.
Subject to the satisfaction or waiver of the conditions set forth in ARTICLE VI (other than conditions that by their nature are to be satisfied at the Investment Closing, but subject to the satisfaction or waiver of those conditions at such time), the consummation of the allotment and issue of the Units provided for in Section 2.1 hereof (the “Investment Closing”) shall occur immediately prior to and at the same location as the Closing under the Merger Agreement.
The Company shall use commercially reasonable efforts to cause the Shares and the Warrant Shares to be approved for listing on NASDAQ and conditionally approved for listing on the TSX prior to the Investment Closing, as mutually agreed by the parties, subject to official notice of issuance in respect of NASDAQ and subject to compliance with all of the customary requirements of the TSX, including receipt of all documentation required by the TSX.
The Company shall have the status of a reporting issuer not in default immediately preceding the Investment Closing.
The Company shall promptly advise the Investors of any fact, change, event or circumstance that the Company believes would cause any condition to the Investment Closing not to be satisfied; provided that any failure to give notice in accordance with the foregoing shall not be deemed to constitute a violation of this Section 5.6 or the failure of the condition set forth in Section 6.2(b) hereof to be satisfied.
Notwithstanding any investigation made by any party to this Agreement, all covenants, agreements, representations and warranties made by the Company or the Investors herein shall survive for one year following the Investment Closing, other than any covenants or agreements that by their terms survive for a longer period of time.
The Company shall take all actions as may be necessary to elect, or cause to be elected, to the Board of the Company, effective as soon as is practicable after the Investment Closing and the consummation of the subscription for the Purchaser Shares and the Investor Shares, the individual designated by Purchaser, in writing, at least five (5) Business Days prior to the Investment Closing Date.
Each Later Investment Closing shall take place initially via facsimile on each Later Investment Closing Date in the manner set forth below.
The Company has performed or complied with in all material respects all agreements and covenants required to be performed or complied with by it under this Agreement or any other Transaction Document, as amended, at or prior to the Additional Investment Closing.
Each Co-Investor represents that it does not have as of the date of this Agreement, and shall not have as of the Investment Closing, any verbal or written agreement, arrangement, commitment or understanding regarding voting rights attached to the Shares or the Company Shares.