Examples of Series B Closing Day in a sentence
Effective upon the Series B Closing Day, the Original Shelf Agreement will no longer have any Original Series A Notes outstanding.
If such Closing Day is not the Series B Closing Day, each Purchaser and holder of a Note shall have received a Confirmation and Reaffirmation of Guaranty in the form of Exhibit 4.7(b) dated as of such Closing Day.
Effective upon the Series B Closing Day, this Agreement shall, and hereby does, amend, restate and replace in its entirety the Original Shelf Agreement which, as so amended and restated by this Agreement, continues in full force and effect without rescission or novation thereof.
If, at the Series B Closing Day, the Company shall fail to tender such Notes to any Series B Purchaser as provided above in this Section 3(a), or any of the conditions specified in Section 4 shall not have been fulfilled to such Series B Purchaser’s satisfaction, such Series B Purchaser shall, at its election, be relieved of all further obligations under this Agreement, without thereby waiving any rights it may have by reason of such failure or such nonfulfillment.
If such Closing Day is the Series B Closing Day, each of the Guarantors shall have delivered to each Purchaser a certificate, signed on its behalf by its Secretary or one of its Assistant Secretaries, dated the Series B Closing Day, certifying as to the resolutions attached thereto and other corporate proceedings relating to the authorization, execution and delivery of the Guaranty Agreement.
Subject to the terms and conditions of this Agreement, the Company will issue and sell to the Series B Purchasers and the Series B Purchasers will purchase from the Company, at the Series B Closing Day provided for in Section 3(a), Series B Notes in the principal amounts specified below its name in Schedule A at the purchase price of 100% of the principal amount thereof.
As of the Series B Closing Day, the Federal income tax liabilities of the Company and its Subsidiaries subject to United States income taxes have been determined by the Internal Revenue Service and paid for all fiscal years up to and including the fiscal year ended January 31, 2012.
The Company will pay to or as directed by PIM in immediately available funds a fee (herein called a “Draw Fee”) on or before each Closing Day (other than the Series A Closing Day and the Series B Closing Day) in an amount equal to 0.10% of the aggregate principal amount of Notes sold on such Closing Day.
The Company will pay to each Purchaser in immediately available funds a fee (herein called the “Issuance Fee”) on each Closing Day (excluding the Series B Closing Day) in an amount equal to 0.10% of the aggregate principal amount of Notes sold to such Purchaser on such Closing Day.
The Company will pay to Prudential in immediately available funds a fee (herein called the "Issuance Fee") on each Closing Day (other than the Series B Closing Day) occuring after June 1, 1997 in an amount equal to 0.10% of the aggregate principal amount of Notes sold on such Closing Day.