Examples of Third Closing Shares in a sentence
At the Second Closing, the Company shall also deliver to Purchaser a certificate of the Company’s Secretary, dated as of the Second Closing Date, certifying as to the resolutions duly adopted by the necessary vote of the Company’s stockholders authorizing the issuance of the Second Closing Shares, the Third Closing Shares and the Fourth Closing Shares to Purchaser subject to and in accordance with the terms of this Agreement.
With respect to each proposed purchase of Second Closing Shares, Third Closing Shares, Fourth Closing Shares or Additional Shares, Gilead shall determine, in its sole discretion, whether any Antitrust Approvals will or may be required in connection with the proposed purchase of Shares, and shall hold the Company harmless from any claim that any purchase was made without a required Antitrust Approval.
The BBA Purchasers may elect to close in one, two or three Closings (the Closing at which all of the Third Closing Shares are issued, including any issuances at prior Partial Closings, if any, is referred to herein as the “Third Closing”) at any time following the Trigger Date and prior to the 15-month anniversary of the Trigger Date (the “Third Closing Outside Date”).
In the case of a Partial Closing, each Purchaser shall purchase its percentage of its Third Closing Shares that is equal to the percentage of the aggregate number of Third Closing Shares being issued and purchased at such Partial Closing.
The Purchaser shall deliver to the Company via wire transfer or a certified check immediately available funds equal to the Third Closing Subscription Amount and the Company shall deliver to the Purchaser the Third Closing Shares.