Examples of Issuance Closing in a sentence
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.
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.
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”).
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.
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.
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.
At the Subsequent Issuance Closing, the parties hereto will exchange (or cause to be exchanged) the agreements, instruments, certificates and other documents, and will do, or cause to be done, all of the things, respectively required at the Subsequent Issuance Closing by each party hereto under the terms of this Agreement.
On the Subsequent Issuance Closing Date, the Company shall issue to Investors or to a custodian designated by any such Person, as applicable, the appropriate number of Subsequent Issuance Shares, free and clear of any liens or other restrictions whatsoever (other than those arising under state or federal securities laws), which Subsequent Issuance Shares, unless otherwise determined by the Company, shall be uncertificated, with record ownership reflected only in the register of shareholders of the Company.
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.
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.