Examples of Proxy Filing Date in a sentence
The Company's failure to (i) file the proxy on or before the Proxy Filing Date; or (ii) the Company's failure to obtain the Approval on or before the Approval Date (each being an "Approval Default") shall be deemed an Event of Default under the Note, but only to the extent the Notes and interest thereon that may not be converted due to the Company's failure to obtain such Approval.
The Company further covenants to file the preliminary proxy statement relating to the Approval with the Commission on or before thirty days after the Trigger Date ("Proxy Filing Date").
The number of Participation Shares shall be determined by dividing $20,000 by the closing price of the Company's common stock on the Proxy Filing Date (the "Proxy Date Closing Price").
The Company further covenants to file the preliminary proxy statement relating to the Approval with the Commission on or before thirty days after the Closing Date ("Proxy Filing Date").
The representations and warranties of Seller and SED contained in Section 3.01, Section 3.02, Section 3.03, Section 3.07(a) and Section 3.28 shall be true and correct in all respects on and as of the DSS Proxy Filing Date and on and as of the Closing Date with the same effect as though made at and as of such date (except those representations and warranties that address matters only as of a specified date, the accuracy of which shall be determined as of that specified date in all respects).
Except as set forth in the correspondingly numbered Section of the Disclosure Schedules (which will be delivered to Buyer and DSS on or before the DSS Proxy Filing Date and shall be attached to and become a part of this Agreement as of the DSS Proxy Filing Date), each of SED and Seller, jointly and severally, represents and warrants to each of Buyer and DSS that the statements contained in this ARTICLE III will be true and correct as of the DSS Proxy Filing Date.
Failure to file the preliminary proxy on or before the Proxy Filing Date or to obtain the Reservation (each a "Reservation Default") is an Event of Default under the Note for which liquidated damages will accrue at the rate of two percent (2%) for each thirty (30) days, or pro rata portion thereof during the pendency of such Reservation Default.
The Company further covenants to obtain the Approval no later than one hundred and twenty (120) days after the Proxy Filing Date ("Approval Date").
The Company's failure to (i) file the proxy on or before the Proxy Filing Date; or (ii) the Company's failure to obtain the Approval on or before the Approval Date (each being an "Approval Default") shall be deemed an Event of Default under the Note, but only to the extent the Notes and interest thereon that may not be converted in compliance with Nasdaq's corporate governance rules, due to the Company's failure to obtain the Approval.
The Company shall set the record date for purposes of voting at the Stockholder Meeting as the fifth Business Day following the Proxy Filing Date.