Examples of Subsequent Note Closing in a sentence
If on any such Subsequent Note Closing Date any of the conditions specified in Sections 7.1 or 7.3 shall have not been fulfilled, each Investor shall, at its election, be relieved of all of the obligations under this Agreement to purchase the Notes to be purchased at such Closing without thereby waiving any other rights it may have by reason of such failure or nonfulfillment.
Following each Subsequent Note Closing, THIR shall promptly execute and deliver all further instruments and documents, and take all further action, that the Company may reasonably request in order to evidence or implement the full satisfaction of such Amount of Default, or to enable the Company to claim, exercise or enforce any of its rights with respect to such Amount of Default from the Company’s subsidiaries in the PRC.
The Company shall, in any Subsequent Note Closing Notice, specify the aggregate principal amount of the Notes to be purchased by the Buyer at each such Closing; provided that at least the lesser of $5,000,000 aggregate principal amount of Notes or the balance of the Notes not previously purchased by the Buyer but contemplated to be sold pursuant to this Agreement are specified in such Notice.
In addition to stating the date of a Subsequent Note Closing, any notice delivered pursuant to this Section 4.3 must specify the aggregate principal amount of the Notes to be issued at such Closing (which shall be not less than $1,000,000 and in increments of $100,000 in excess thereof) and the pro rata portion (determined according to each Investor's relative total commitment) of such principal amount to be purchased by each Investor at such Closing.
On each Subsequent Note Closing (i) the Company shall deliver to THRI a Subsequent Note in the principal amount calculated in accordance with Section 2.5(a) and 2.5(a)(ii) THRI shall deliver to the Company evidence, reasonably acceptable to the Company, that the amounts in default which were the subject of the Default Election Notice have been satisfied in full.
ABN AMRO has five reporting segments: Retail Banking, Commercial Banking, Private Banking, Corporate & Institutional Banking and Group Functions (as described below).
In addition to the conditions set forth in Section 7.1, the obligations of each Investor to purchase Notes at a Subsequent Note Closing are subject to the satisfaction of the following conditions precedent on or before such Subsequent Note Closing Date.
At each such Subsequent Note Closing, the Company shall deliver to each Investor the Notes being purchased by such Investor, issued in the name of the Investor or its nominee in such authorized denominations as MSAM on behalf of such Investor shall request, against payment to the Company of the purchase price therefor, by wire transfer, check or other method acceptable to the Company.
The date of any Subsequent Closing (each such date, including the Second Note Closing Date, being hereinafter referred to as a "Subsequent Note Closing Date") must be a Business Day.
Upon satisfaction of the covenants and conditions set forth in Sections 2.5 and 2.6 for the Subsequent Note Closing, mutatis mutandis, the Subsequent Note Closing shall occur at the offices of Gracin & Xxxxxx, LLP, at The Chrysler Building, 000 Xxxxxxxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, or such other location as the parties shall mutually agree.