Examples of Issuance Closing in a sentence
The Company shall take all reasonable actions necessary to reserve and seek any required approval for the issuance of all shares of Class A Common Stock (as may be adjusted or converted pursuant to Section 2.2.2(c)) that are issuable on the Subsequent Issuance Closing Date.
The effectiveness of this Amendment shall be conditioned on: • The occurrence of the 2013 Issuance Closing Date (as defined in the Second Amendment); and • Receipt by Warrant Holder of a copy of this Amendment, duly executed by the Company.
The parties hereto hereby agree that the Company’s obligations to effect the Subsequent Issuance Closing are subject to, and conditioned upon, there being any Obligations outstanding under the Loan Agreement on the Subsequent Issuance Closing Date.
If no such Obligations are outstanding on the Subsequent Issuance Closing Date, the parties hereto will have no further obligations to effect the Subsequent Issuance Closing.
All representations and warranties made by the parties hereto, and all covenants and other agreements of the parties hereto, in this Agreement shall survive the Closing and the Subsequent Issuance Closing, if applicable.
In the event that all of Purchaser’s Notes are not assigned pursuant to this Agreement at the Mandatory Issuance Closing, Purchaser may engage in successive closings (each, a “Mandatory Issuance Subsequent Closing”, together with an Exchange Subsequent Closing, a “Subsequent Closing”) with respect to the completion of the Mandatory Issuance.
Except as otherwise provided herein, upon the terms and subject to the conditions of this Agreement, the consummation of the Subsequent Issuance, if applicable (the “Subsequent Issuance Closing”), shall be held remotely via the exchange of documents and signatures on the thirty-month anniversary of the Effective Date (the “Subsequent Issuance Closing Date”).
There are no securities or instruments issued by or to which the Company is a party containing anti-dilution or similar provisions that will be triggered by the issuance of the Shares that have not been or will not be validly waived on or prior to the Closing or the Subsequent Issuance Closing, as applicable.
Prior to the Issuance Closing, neither the Purchaser nor any non-wholly owned Subsidiary of the Purchaser shall declare or pay any dividends, or repurchase or redeem any Equity Securities, without the consent of the Alibaba Independent Committee.
At the Issuance Closing, Executive will pay the purchase price payable for the New Securities offered to Executive hereunder in cash by wire transfer of immediately available funds to an account designated by the Company and will make customary investment representations to the Company.