Consummation

Consummation. The consummation of the Note Exchange upon the execution and delivery of the Second Supplemental Indenture by Trustee, Company and the Guarantors.

Consummation. The closing of the Follow-on Offering at which the Company sells to the underwriters a number of shares of the Company's common stock such that gross proceeds to the Company are at least $40 million (and, for the avoidance of doubt, shall not require the exercise and/or settlement of any option to purchase additional shares agreed to by the Company with the underwriters as part of the Follow-on Offering)

Consummation. Means the successful consummation of the Exchange Offer on or prior to the End Date, all on the terms and conditions set forth herein and in the Offering Memorandum.