Examples of Subsequent Offering Notice in a sentence
Any information set forth in a Subsequent Offering Notice and any discussions relating to or arising from the Subsequent Offering Notice shall be deemed to be information delivered as part of the Subsequent Offering Notice and therefore subject to the provisions of Section 4.6 hereof.
The Subsequent Offering Notice shall (i) identify and describe the securities being offered in the Subsequent Offering, (ii) describe the price and other terms upon which they are to be issued, sold, or exchanged, and (iii) set forth the amount of securities which are to be issued, sold, or exchanged under the Subsequent Offering.
In the event that a Purchaser wishes to participate in the Subsequent Offering, such Purchaser shall deliver written notice to the Company of such Purchaser’s intention to participate within three business days of receipt of the Subsequent Offering Notice, and each of the Purchasers acknowledge that it may participate in the Subsequent Offering only upon the same price and terms at which the Subsequent Offering is made available to other investors in such offering.
With respect to information disclosed in a Subsequent Offering Notice (as defined in Section 4.13), each Purchaser covenants that it shall keep confidential, shall not act upon or use in any manner (except in accordance with the terms of Section 4.13), and shall not share or further disclose to any other party the information disclosed by the Company pursuant to Section 4.13 until such information has been publicly disclosed by the Company.
The closing of the exercise of the Participation Right by the Investors will take place on the date set out in the Subsequent Offering Notice.
Any time after 5:30 p.m. (New York City time) on the 5th Trading Day after receiving the Pre-Notice, the Company may sell the remaining portion of such Subsequent Offering to other investors on the terms set forth in the Subsequent Offering Notice.
Upon the request of a Subscriber, and only upon a request by such Subscriber, for a Subsequent Offering Notice, the Company shall promptly, but no later than 1 Trading Day after such request, deliver a Subsequent Offering Notice to such Subscriber.
Any Subscriber desiring to participate in such Subsequent Offering must provide written notice to the Company by not later than 5:30 p.m. (New York City time) on the 5th Trading Day after receiving the Pre-Notice that the Subscriber is willing to participate in the Subsequent Offering, the amount of the Subscriber’s participation, and that the Subscriber has such funds ready, willing, and available for investment on the terms set forth in the Subsequent Offering Notice.
If by 5:30 p.m. (New York City time) on the 5th Trading Day after receiving the Pre-Notice, the Company receives responses to a Subsequent Offering Notice from Subscribers seeking to purchase more than the aggregate amount of the Participation Maximum, each such Subscriber shall have the right to purchase their Pro Rata Portion (as defined below) of the Participation Maximum.
The Subsequent Offering Notice shall describe, in reasonable detail, the proposed Subsequent Financing, the proposed closing date of the Subsequent Financing, which shall be within twenty (20) calendar days from the date of the Subsequent Financing Notice, and all of the terms and conditions thereof.