Examples of Second Closing Purchasers in a sentence
Subject to applicable securities laws, each of the Initial Purchasers and Second Closing Purchasers may assign any of its rights under this Agreement to any of its Affiliates but any such assignment shall not relieve any Initial Purchaser or Second Closing Purchaser from its obligations hereunder.
At the Second Closing, Purchasers as holders of the Subsequent Exchanged Shares shall have no rights as holders of such Subsequent Exchanged Shares, other than the right to receive Subsequent New Shares in accordance with this Agreement.
On September 30, 2016, or such other Business Day thereafter as may be mutually agreed upon in writing by the Company, the Second Closing Purchasers and the First Closing Purchasers (the “Effective Date”), the Company shall execute and deliver to the First Closing Purchasers and the Second Closing Purchasers, at the offices of Chapman and Cutler LLP, 111 West Monroe Street, Chicago, Illinois 60603, at 10:00 A.M. Chicago time, or at such other place agreed to by the parties, this Agreement.
The Second Closing Purchasers agree that the only condition to their obligation to purchase the Units being purchased by such Purchasers is the completion of the First Closing.
The applicable Purchaser shall have delivered to the Company such Purchaser's Investment Amount in accordance with Section 2 above; provided, that the Second Closing Purchasers need only deliver the Investment Amount by the Second Closing.
Unless otherwise set forth in this Agreement, the representations and warranties of the Company and the Second Closing Purchasers contained in or made pursuant to this Agreement shall survive the execution and delivery of this Agreement and the Second Closing, and shall in no way be affected by any investigation or knowledge of the subject matter thereof made by or on behalf of the parties hereto.
In the event any of the Second Closing Purchasers fail to purchase the Second Shares at the Second Closing, the Company may use any remedy available to it at law or equity against the Initial Purchasers to enforce the Initial Purchasers' obligations under Section 7.5.
From and after the issuance of such press release, the Company represents to the Second Closing Purchasers that it shall have publicly disclosed all material, non-public information delivered to any of the Second Closing Purchasers by the Company or any of its Subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents and this Agreement.
The rights and remedies provided in this Agreement are cumulative and are in addition to all rights or remedies that the Second Closing Purchasers or the Company otherwise may have in law or in equity or by statute or otherwise.
The Related Agreements shall be in full force and effect and each of the Second Closing Purchasers shall have been executed and delivered to the Company counterpart signature pages thereto.