Phase III Closing definition

Phase III Closing means the --------------------- consummation of the Phase III Transaction set forth in Section 3.8. The Phase III Closing shall take place on the "Phase III Closing Date" at the principal offices of the Final JV Entity or another location mutually agreed upon. The capitalization of the Final JV Entity shall reflect the Ownership Ratio on the Phase III Closing Date.

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Phase III Closing shall occur on or before December 21, 2020 (the “Phase III Closing Date”).” As used in the Agreement and this Third Amendment: (a) the term “Closing” shall mean and refer to the Phase I Closing, the Phase II Closing and/or the Phase III Closing as applicable and as the context may require; (b) the term “Closing Date” shall mean and refer to the Phase I Closing Date, the Phase II Closing Date and/or the Phase III Closing Date as applicable and as the context may require; and (c) the term “Phase” shall mean and refer to Phase I, Phase II and/or Phase III as applicable and as the context may require.

Phase III Closing means the closing of the Exchange or the Initial Exchange as contemplated in the Agreement of Exchange or the Trust Agreement of Exchange, respectively, as the case may be.

Examples of Phase III Closing in a sentence

• If the satisfaction of any of the Pre-Conditions to the Phase III Closing (defined below) involves a written document of any kind (deed, Title Commitment, etc.), such document must be approved as to form and substance by the CDA and such approval by the CDA shall be provided by the CDA Chairperson.

• The actions, prorations and filings with respect to the Association described in Sections 7(q) and 9(c) of the Agreement shall be done in connection with the Phase III Closing (and not the Phase I Closing or the Phase II Closing).

• Seller shall not create any subsidiaries prior to last to occur of the Phase I Closing Date, the Phase II Closing Date, the Phase III Closing Date and termination of this Agreement pursuant to Article 12.

• The Buyer Group, Ethanex ▇▇▇▇▇▇▇▇▇▇ and Ethanex shall have performed and complied in all material respects with all covenants and agreements required by this Agreement to be performed or complied with by them prior to or at each of the Phase I Closing, the Phase II Closing and the Phase III Closing, as applicable.

• The capitalization of the Final JV Entity shall reflect the Ownership Ratio on the Phase III Closing Date.

• A closing certificate in such form as the parties may agree, executed by Ironstate, in which Ironstate certifies to Owner that all representations and warranties made by Ironstate in Section 4.1 of this Agreement are true and correct as of the Phase III Closing Date.

• In addition, Seller shall permit Ethanex to conduct independent progress reviews of the status of the Phase III Plan not less than sixty (60) days and thirty (30) days prior to the Phase III Closing Date, which progress reviews shall include the right of Ethanex to inspect the Seller’s compliance with the Phase III Plan.

• If, prior to the Phase I Closing, Phase II Closing or Phase III Closing, as applicable, any Unit (or any part thereof) shall be condemned or shall be made the subject of a condemnation proceeding or shall be damaged by reason of public or quasi-public improvements (any such condemnation, condemnation proceeding or damage resulting from public improvements being hereinafter referred to as a “Condemnation”), then Owner shall promptly notify Ironstate in writing of the Condemnation.

• The entire Deposit of Three Million Seven Hundred Fifty Thousand and No/100 Dollars ($3,750,000.00) shall be non-refundable to Purchaser except upon (i) the occurrence of any event or circumstance described in Sections 8, 10, 11, 29(p) or 29(q) of the Original Agreement that requires the payment of the Deposit to Purchaser, or (ii) Purchaser terminating the Agreement on or before the Phase III Closing pursuant to Section 5 of this Eighth Amendment (each, an "Eighth Amendment Deposit Refundability Event").

• The Phase III Inventory Adjustment Report (i) shall be prepared from the Seller’s books and records in accordance with GAAP, consistently applied, and (ii) shall be delivered to Ethanex no later than five (5) days after the Phase III Closing Date.

More Definitions of Phase III Closing

Phase III Closing has the meaning ascribed to it in Section 6.7 of the Agreement.

Phase III Closing means the consummation of the Phase III Transaction set forth in Section 3.6. The Phase III Closing shall take place on the “Phase III Closing Date” at the principal offices of VisEra Cayman or another location mutually agreed upon. The capitalization of VisEra Cayman shall reflect the Ownership Ratio on the Phase III Closing Date.

Phase III Closing means completion of the sale and purchase by BGL (or any of its Affiliates) of all Relevant Securities not already owned by it on the Phase III Closing Date;