Examples of Phase III Closing in a sentence
Section 7(a) of the Original Agreement (as amended) is amended to provide that the Phase III Closing Date shall be a date mutually agreeable to Purchaser and Seller that is on or before the date that is sixty (60) days after the Third Additional Deposit Date.
The Phase III Closing Documents shall be in the same form as those entered into at the Phase I and Phase II Closings.
Prior to the Phase III Closing, Seller shall (i) cause the Necessary Permits to be assigned to the Association, and (ii) amend the Master Declaration of record to require the Association to keep the Necessary Permits active until all of Osceola Corporate Center has been developed.
Purchaser has the right, upon at least ten (10) days’ prior written notice to Seller, to elect to acquire the Replat 33 Parcels (as defined below) at an interim Closing (the “Interim Closing”) on a date that is prior to the Phase III Closing Date (the “Interim Closing Date”) for a purchase price of Four Million Nine Hundred Twenty-Three Thousand Six Hundred Seventy-Six and 68/100 Dollars ($4,923,676.68) (the “Interim Purchase Price”).
In the event the Healthy Way Documents have been executed prior to the Phase III Closing (but not the Interim Closing, if any), then at the Phase III Closing, Deerfield shall assign its rights in and to the Healthy Way Documents to the Purchaser of Phase III (or applicable portion(s) thereof, or remaining portion(s) thereof if there has been an Interim Closing, as designated by Purchaser) (the “Assignment of Healthy Way Documents”).
In the event that the same has not been accomplished by the Phase III Closing Date, then such obligation shall survive the Phase III Closing.
The closing of Phase I shall occur on or before December 31, 1997 (the "Phase I Closing"), the closing of Phase II shall occur on or before March 31, 1998 (the "Phase II Closing") and the closing of Phase III shall occur on or before June 30, 1998 (the "Phase III Closing"); provided, however, that ESL will be given an opportunity to review the business and financial milestones set forth on Exhibit "F" before proceeding with each Phase of the Private Placement.
The executed JV Agreement shall be placed in escrow with Team Bank or such other escrow agent as is mutually agreed upon by Ethanex and MRE on the Phase I Closing Date and either (i) shall be released and become effective on the first to occur of a failure of the condition set forth in Section 9(c)(iii) and Section 9(d)(iii) or (ii) shall be destroyed by the Escrow Agent upon the occurrence of the Phase III Closing.
Ethanex will use its commercially reasonable efforts to coordinate the start-up of the Fractionation Plant with the start-up of the Phase II facility and to reach full capacity at the time of the Phase III Closing.
Owner shall have performed all other covenants, undertakings and obligations, and complied with all conditions required by this Agreement, to be performed or complied with by Owner at or prior to the Phase III Closing.