Examples of Preferred Stock Closing Date in a sentence
No representation or warranty contained in this Agreement, the other agreements contemplated hereby, or the Schedules hereto or thereto, or any officers certificate furnished thereunder, at the date hereof, or at the Common Stock Closing Date and the Preferred Stock Closing Date contains or will contain any untrue statement of a material fact, or omits or will omit to state a material fact necessary to make the statements contained herein or therein not misleading.
The purchase, sale and issuance of the shares of Preferred Stock, Closing Date Conversion Shares and the Warrants hereunder (the “Closing”) shall take place at the offices of K&L Gates LLP, 210 X.
The Company will deliver to Investor on or before the each Preferred Stock Closing Date and will honor and will take reasonable actions to assist Investor in enforcing the provisions of the Lock-Up Agreements with the Company’s officers, directors and beneficial owners of 10% or more of the Common Stock.
The Company’s agreement with each Buyer is a separate agreement, and the sale and issuance of the shares of Preferred Stock, Closing Date Conversion Shares and Warrants to each Buyer is a separate sale and issuance.
This fee amount shall be adjusted to reflect the actual hours billed to Investor by such counsel and any additional payment made by the Company to such counsel on or prior to the Preferred Stock Closing Date.
Each of the Company and Investor shall deliver all documents, instruments and writings required to be delivered by either of them pursuant to Section 2.3(e) of this Agreement at or prior to the Preferred Stock Closing Date.
On or before the Preferred Stock Closing Date, Investor shall deliver to the Company the Preferred Stock Purchase Price to be paid for such Preferred Shares.
Subject to the terms and conditions hereof and in consideration of the sale and transfer to Eco Telecom by the Issuer of the Eco Telecom Preferred Stock, on the Preferred Stock Closing Date, Eco Telecom shall pay to the Issuer the Preferred Stock Purchase Price in the manner provided in Section 2.07(c)(ii) and the Preferred Stock Purchase Price shall be allocable entirely to, and deemed to be in consideration of, the Eco Telecom Preferred Stock being purchased hereunder.
Notwithstanding anything herein to the contrary, in the event the closing price of the Common Stock during the nineteen (19) Trading Days following the Preferred Stock Notice Date falls below 75% of the Closing Bid Price on the Trading Day prior to the Preferred Stock Notice Date, then Investor may, at its option, and without penalty, decline to purchase the applicable Preferred Stock Shares on the Preferred Stock Closing Date.
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