Examples of Second Closing Investor in a sentence
Such Second Closing Investor shall have executed each of the Transaction Documents to which it is a party and delivered the same to the Obligors.
The Company and the Subsidiary Guarantors shall have delivered to such Approving Second Closing Investor such other documents, instruments or certificates relating to the transactions contemplated by this Agreement as such Approving Second Closing Investor or its counsel may reasonably request.
Such Approving Second Closing Investor shall have delivered an Investor Label Approval Notice in accordance with Section 2.1(b).
Such Second Closing Investor shall have delivered to the Obligors those items required by Section 2.4(b).
The Obligors shall have delivered to such Second Closing Investor such other documents, instruments or certificates relating to the transactions contemplated by this Agreement as such Second Closing Investor or its counsel may reasonably request.
Upon the Second Closing, Investor would have the right to, among other things, nominate two designees for election to the Company’s Board of Directors, which would be increased to nine members.
If any Second Closing Investor shall fail to make the payment contemplated by the preceding sentence (or shall fail to participate in the Second Closing), the other Second Closing Investors in such Second Closing Investor's Investor Group (as shown on Schedule IV) shall be obligated to make up for the resulting shortfall.
Subject to the terms and conditions set forth in this Agreement, at the Second Closing, the Company shall issue and sell to each Second Closing Investor, and each Second Closing Investor shall, severally and not jointly, purchase from the Company, Second Closing Notes in the principal amount set forth across from such Second Closing Investor’s name under the heading “Principal Amount of Second Closing Note” on the Schedule of Investors, at a purchase price equal to the principal face amount thereof.
Newco LP shall deliver to each Second Closing Investor at the Second Closing a disclosure schedule taking any necessary exceptions to following representations and warranties (the "Newco LP Disclosure Schedule"); provided that the Newco LP Disclosure Schedule shall be prepared by Newco LP in good faith to reflect as fairly as possible the nature and scope of exceptions that the parties hereto have agreed upon in connection with the other Disclosure Schedules delivered herewith.
Such Second Closing Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by them at or prior to the Second Closing.