Examples of Second Stage Closing Date in a sentence
Schedule 3.8 contains a complete and accurate list of all Contracts to which one or more of the Sellers are a party and that are related to the Business as follows (which list shall be updated as of the First Stage Closing Date and the Second Stage Closing Date and no such update is deemed to be an inaccuracy if in compliance with Section 5.2).
As of the Signing Date and as of the First Stage Closing Date, the Seller owns beneficially and of record the First Stage Shares, and as of the Signing Date and as of the Second Stage Closing Date, the Seller owns beneficially and of record the Second Stage Shares, in each case, free and clear of all Encumbrances.
The Second Stage Closing Date shall be not later than June 30, 1999 and the notice of closing date provided to Superior shall be delivered to Superior not less than 5 business days prior to the Second Stage Closing Date.
To the extent relating to the Second Stage Acquisition, the representations and warranties of the Buyer contained in Article 5 shall be true and correct as of the Second Stage Closing Date with the same effect as if made at and as of such time.
The Buyer will use, and after the Second Stage Closing Date will also use its reasonable efforts to cause the Company and its Subsidiaries to use, commercially reasonable efforts to mitigate any such Buyer Incurred Damages (recognizing that prior to the Second Stage Closing Date the Buyer may have limited ability to mitigate damages given its status as a minority shareholder).
Nevertheless, because large areas of arable land are needed to grow and process biodiesel, it can also lead to competition and food scarcity and sustainable deforestation.
For a period of thirty-six (36) months following the Second Stage Closing Date, neither Sellers nor their respective Affiliates (other than any directors, officers or employees of Sellers provided not in their capacity as such) shall directly or indirectly solicit for employment or hire as an employee or consultant, any of the Transferred Employees or other employees of Buyers or its Affiliates engaged in the Business unless such employee's employment is earlier terminated by Buyers.
The second closing stage (the "Second Stage Closing") shall commence at 9:00 a.m. local time on the first Business Day after the date on which the last FCC and the last State PUC Consent(s) necessary to effectuate transfer of the remaining Acquired Assets, including the Customer Contracts, have been obtained (the "Second Stage Closing Date").
Without the prior written consent of the Buyer, with respect to the prior to the Second Stage Closing Date, the Seller shall not (and shall cause its Affiliates and Seller’s Pension Funds not to) materially change the terms of, or manner of providing, the Shared Arrangements or expand or reduce the scope of services under the Shared Arrangements from that currently provided, in each case, in a manner that is adverse to the Company and its Subsidiaries.
For the avoidance of doubt, if there is a breach of a representation of warranty as of the First Stage Closing Date that is continuing through the Second Stage Closing Date, the foregoing sentence shall not prevent the making of a claim for indemnification in connection with the Second Stage Acquisition with respect to such breach within the period described in clause (ii) of the preceding sentence.