Examples of Seventh Closing in a sentence
Concurrently with the consummation of any such transaction, the corporation or other entity formed by or surviving any such consolidation or merger if other than the Company, or the person to which such sale or conveyance shall have been made, shall enter into a supplemental Seventh Closing Warrant Agreement so providing and further providing for adjustments which shall be as nearly equivalent as may be practical to the adjustments provided for in this Section.
In addition, at the Seventh Closing and subject thereto, the Company will issue to each Major Purchaser a warrant to purchase such number of Preferred A Shares as set forth next to such Major Purchaser's name in the column titled "Seventh Warrant" in the table set forth in Exhibit C, all subject to the terms and the conditions of the warrant certificate attached hereto as Exhibit F2 (the "Seventh Warrants").
In such event the provisions relating to the consummation of the Fifth Closing, the Sixth Closing and/or Seventh Closing, as applicable, shall terminate and shall have no further force and effect.
The Warrants evidenced by this Warrant Certificate are issued pursuant to the Seventh Closing Warrant Agreement, which Seventh Closing Warrant Agreement is hereby incorporated by reference in and made a part of this instrument and is hereby referred to for a description of the rights, limitation of rights, obligations, duties and immunities thereunder of the Company and the holders (the words “holders” or “holder” meaning the registered holders or registered holder) of the Warrants.
Subject to the limitations set forth herein, the number of Warrant Shares issuable upon the exercise of each Warrant is subject to adjustment from time to time upon the occurrence following the Seventh Closing Date of the events enumerated in this Section 7.
The Warrants evidenced by this Warrant Certificate may only be exercised at such times and in such amounts as are provided for in the Seventh Closing Warrant Agreement.
All terms used in this Warrant Certificate which are not defined herein and are defined in the Seventh Closing Warrant Agreement shall have the meanings assigned to them in the Seventh Closing Warrant Agreement.
The successor Company shall mail to Warrant holders a notice describing the supplemental Seventh Closing Warrant Agreement.
The Seventh Closing Warrant Agreement provides that upon the occurrence of certain events, the type and/or number of the Company’s securities issuable upon exercise of the Warrants, and the Exercise Price, may, subject to certain conditions, be adjusted.
This Agreement shall become effective immediately on the Seventh Closing Date.