Third Tranche Closing Date definition

Third Tranche Closing Date means the Trading Day upon which (i) the applicable portion of the Subscription Amount is transmitted to the Company from a bank in the United States and (ii) Company’s obligations to deliver the corresponding Securities to be issued and sold, in each case, have been satisfied or waived, but in no event later than the second Trading Day following the date hereof.

Third Tranche Closing Date has the meaning set forth in Section 1.3(c).

Third Tranche Closing Date means a date that occurs as promptly as possible, and in no event more than ten trading days, following the Company’s release of its earnings statement, or preliminary earnings statement that the Company reasonably believes is accurate in all material respects, for the three months ended March 31, 2020, provided, however, that the Company agrees to provide each Buyer at least ten (10) days’ prior written notice before releasing such preliminary earnings statement (or, in the event no preliminary earnings statement for such period is issued, the final earnings statement for such period).

Examples of Third Tranche Closing Date in a sentence

• Upon satisfaction of the covenants and conditions set forth in Sections 2.2 and 2.3, but only to the extent the Company shall also previously complied with all Transaction Documents prior to and as of the Third Tranche Closing Date, the Third Tranche Closing shall occur at the offices of Xxxxx Xxxxxx or such other location as the parties shall mutually agree, or shall take place remotely by electronic transfer of applicable Transaction Documents.

• On the Third Tranche Closing Date, subject to mutual consent of the parties, and subject to the satisfaction of the terms and conditions set forth herein, the Company agrees to sell, and the Investor agrees to purchase, an aggregate of up to $3,000,000 of Principal Amount of the Third Tranche Note (or such lesser amount as the parties may mutually agree) and Warrants.

• With respect to the Second Tranche Closing Date and the Third Tranche Closing Date, no Event of Default (as defined in the Notes) or event which, with the passage of time and/or giving of notice, would constitute an Event of Default, shall have occurred or be continuing.

• From and after the Third Tranche Closing Date, and conditioned upon the Investor or its affiliates holding not less than five percent (5%) of the Common Stock then outstanding, the Company shall appoint and shall use commercially reasonable efforts to maintain the election to the Board of Directors, a representative of the Investor, having full voting rights.

• The Purchaser represents and warrants to the Company as set out in Schedule B as of the date hereof and each of the First Tranche Closing Date, the Second Tranche Closing Date, and the Third Tranche Closing Date, and acknowledges that the Company and/or its Affiliates, as applicable, is relying on such representations and warranties in connection with entering into the Transaction Agreements and consummating the transactions contemplated thereby.

More Definitions of Third Tranche Closing Date

Third Tranche Closing Date means subject to the mutual consent of the Company and the Investor, 180 days following the Second Tranche Closing and, upon which date: (i) the applicable portion of the Subscription Amount is transmitted to the Company, (ii) the Company’s obligations to deliver the corresponding Securities in the Third Tranche to be issued and sold, and (iii) the applicable conditions to Third Tranche Closing have in each case been satisfied or waived.

Third Tranche Closing Date shall have the meaning specified in Section 2.7.

Third Tranche Closing Date means the 30th day following the Second Tranche Closing Date.

Third Tranche Closing Date has the meaning given to it in Section 2.2(b).

Third Tranche Closing Date means February 28, 2025, or such earlier date as the Parties mutually agree in writing. For certainty, the Third Tranche Closing Date shall not occur prior to the First Tranche Closing Date or the Second Tranche Closing Date.

Third Tranche Closing Date shall have the meaning set forth in Section -------------------------- ------- 2.3(c). ------

Third Tranche Closing Date. The First Tranche Closing Date, the Second -------------------------- Tranche Closing Date or the Third Tranche Closing Date are sometimes referred to herein as a "Closing Date." The Company has no obligation to ------------ send the Subsequent Financing Notice for the Third Tranche Closing or to sell the Third Tranche Shares to the Purchasers.