Tranche B Closing definition

Tranche B Closing has the meaning attributed to such term in Section 4.2;

Tranche B Closing. The Tranche B Closing shall take place at the offices of Kxxxxxxx & Exxxx LLP located at 300 Xxxxx XxXxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx at 10:00 a.m. local time on the second Business Day following full satisfaction or due waiver of all of the closing conditions set forth in Section 4 hereof, or at such other place or on such other date as may be mutually agreeable to the Company and Purchaser. At the Tranche B Closing, the Company shall cause its transfer agent to deliver to Purchaser stock certificates evidencing the Tranche B Preferred Stock to be purchased by Purchaser, registered in Purchaser’s or its nominee’s name, upon payment of the purchase price thereof by wire transfer of immediately available funds to the Company’s account, which such account shall be specified in writing by the Company not less than two Business Days prior to such Tranche B Closing, in the aggregate amount equal to the number of shares of Tranche B Preferred Stock purchased by Purchaser at the Tranche B Closing times the Per Share Purchase Price.

Tranche B Closing has the meaning set forth in Section 2.3(b).

Examples of Tranche B Closing in a sentence

• Subject to the terms of this Agreement, the Lenders make available to the Borrower a euro term loan facility in a maximum aggregate amount equal to the Total Commitments, which shall be split into two tranches for purposes of enabling the Lenders to make available their Commitments under the Loans on the Tranche A Closing Date and the Tranche B Closing Date, respectively.

• The first Interest Period for the Tranche A Loan starts on the Tranche A Closing Date and the first Interest Period for the Tranche B Loan starts on the Tranche B Closing Date.

• For purposes of paragraph11.2.4 above, any reference to a ‘Reset Date’ in the definitions of 10 Year Swap Rate and 12 Year Swap Rate shall be deemed to refer to the date that is two Business Days prior to the Tranche A Closing Date or the Tranche B Closing Date, as applicable.

• Interest on the Excess Commitments shall accrue from the Tranche B Closing Date and otherwise in accordance with the terms of the Agreement.6. By confirming your acknowledgement you accepted that the Excess Commitments allocated to you shall be [•].

• Interest on the Excess Commitments shall accrue from the Tranche B Closing Date, applying the Interest Rate applicable to the Tranche B Loan and otherwise in accordance with the terms of this Agreement.

More Definitions of Tranche B Closing

Tranche B Closing means the consummation of the transactions contemplated by this Agreement in respect of the issuance and purchase of the Tranche B Debenture, after the fulfillment or waiver of the conditions set out in Sections 4.4.

Tranche B Closing. Tranche A Closing Date" and "Tranche B Closing Date" shall have the respective meanings specified in the Securities Purchase Agreement;

Tranche B Closing. Tranche B Closing Date", "Preferred Stock", "Preferred Shares" and "Articles of Amendment" shall be deleted

Tranche B Closing. Tranche C Closing ", "Tranche B Closing Date", "Tranche C Closing Date ", "Preferred Stock", "Preferred Shares", "Articles of Amendment", "Exchange" and "Exchange Date" shall be deleted.

Tranche B Closing as defined in Section 2.2.

Tranche B Closing has the meaning assigned to it in Section 5(a) hereof.

Tranche B Closing has the meaning assigned to it in Section 5(a) hereof. "Tranche B Closing Date" has the meaning assigned to it in Section 6 hereof. "Tranche B Purchase Price" has the meaning assigned to it in Section 4(b) hereof. "Tranche B Securities" has the meaning assigned to it in Section 4(b) hereof. "Tranche B Shares" has the meaning assigned to it in Section 4(b) hereof. "Tranche B Warrants" has the meaning assigned to it in Section 4(b) hereof. "Transaction Documents" means this Agreement, the Warrant Instrument, the Registration Rights Agreement, and the Strategic Agreement. "Unaudited Balance Sheets" has the meaning assigned to it in Section 6.6 hereof. "Unaudited Financial Statements" has the meaning assigned to it in Section 6.6 hereof. "Underlying Shares" means the shares of Common Stock issuable upon conversion of the shares of Series D Preferred Stock. "VWAP" means, for any date, the price determined by the first of the following clauses that applies: (a) if the Common Stock is then listed or quoted on a Trading Market, the daily volume weighted average price of the Common Stock for such date (or the nearest preceding date) on the primary Trading Market on which the Common Stock is then listed or quoted as reported by Bloomberg Financial L.P. (based on a Trading Day from 9:30 a.m. EST to 4:02 p.m. Eastern Time) using the VAP function; (b) if the Common Stock is not then listed or quoted on the Trading Market and if prices for the Common Stock are then reported in the "Pink Sheets" published by the Pink Sheets, LLC (or a similar organization or agency succeeding to its functions of reporting prices), the most recent bid price per share of the Common Stock so reported; or (c) in all other cases, the fair market value of a share of Common Stock as determined by a nationally recognized-independent appraiser selected in good faith by the Investor. "Warrant Instrument" has the meaning assigned to it in Section 3 hereof. "Warrants" has the meaning assigned to it in Section 3 hereof.