Orders and Deliveries. All orders, processing and deliveries of any Product shall be made in accordance with customary and routine handling of orders, processing and deliveries for fabricated restaurant equipment and furnishings to third parties in respect of the particular Product or type of Product, unless otherwise agreed in writing by both Parties.

Deliveries. The deliveries specified in Section 5.02 shall have been made by the ​.

On or prior to the Closing Date, the Company shall deliver or cause to be delivered to each Purchaser the following, as applicable:

Deliveries. ​ shall have delivered to Seller the items required by Section 2.4;

Deliveries. The Sellers shall have delivered or filed or caused to be delivered or filed each item required to be delivered by it pursuant to Section 2.04.

Stop Orders. ​ shall advise ​ promptly (but in no event later than 24 hours) and shall confirm such advice in writing: # of ​’s receipt of notice of any request by the SEC for amendment of or a supplement to the Registration Statement, the Prospectus, any Prospectus Supplement or for any additional information with respect thereto; # of ​’s receipt of notice of the issuance by the SEC of any stop order suspending the effectiveness of the Registration Statement or prohibiting or suspending the use of the Prospectus or any Prospectus Supplement, or of ​’s receipt of any notification of the suspension of qualification of the Purchase Shares for offering or sale in any jurisdiction or the initiation or contemplated initiation of any proceeding for such purpose; and # of ​ becoming aware of the happening of any event, which makes any statement of a material fact made in the Registration Statement, the Prospectus or any Prospectus Supplement untrue or which requires the making of any additions to or changes to the statements then made in the Registration Statement, the Prospectus or any Prospectus Supplement in order to state a material fact required by the Securities Act to be stated therein or necessary in order to make the statements then made therein (in the case of the Prospectus or any Prospectus Supplement, in light of the circumstances under which they were made) not misleading, or of the necessity to amend the Registration Statement or supplement the Prospectus or any Prospectus Supplement to comply with the Securities Act or any other law. ​ shall not be required to disclose to ​ the substance or specific reasons of any of the events set forth in [clauses (i) through (iii)] of the immediately preceding sentence, but rather, shall only be required to disclose that the event has occurred. ​ shall not deliver to ​ any Put Notice, and ​ shall not be obligated to purchase any shares of Common Stock under this Agreement, during the continuation or pendency of any of the foregoing events. If at any time the SEC shall issue any stop order suspending the effectiveness of the Registration Statement or prohibiting or suspending the use of the Prospectus or any Prospectus Supplement, ​ shall use its reasonable best efforts to obtain the withdrawal of such order at the earliest possible time. ​ shall furnish to ​, without charge, a copy of any correspondence from the SEC or the staff of the SEC to ​ or its representatives relating to the Registration Statement or the Prospectus, as the case may be.

Purchase Orders. By no later than August 31, 2024, the Company # shall cause the ELN-02 Project Company to enter into purchase orders for the delivery of back-up generators sufficient for “Building A” (100 MW) of the ELN-02 Project, which purchase orders shall permit collateral assignment to the ​ and shall be subject to the Lien of the ​ pursuant to the Security Documents in a manner satisfactory to the ​, and # shall provide full, correct and complete copies of such purchase orders to the ​. Promptly after executing such purchase orders, the Company shall deliver an updated [Annex F] of the Note to the ​ that includes such purchase orders.

Proceedings; Orders. (i) No Action or Proceeding shall be pending or threatened before any Governmental or Regulatory Authority in which it is sought to restrain or prohibit or to obtain damages or other relief (including rescission) in connection with the transactions contemplated by the Transaction Documents; and # no investigation that could result in any such Action or Proceeding shall be pending or threatened; and # no such injunction, judgment, order or decree has been entered and not subsequently dismissed or discharged with prejudice.

Closing Deliveries. Concurrently with the execution of this Amendment, the Borrowers shall:

Closing Deliveries. Sellers shall have delivered to Purchaser the items set forth in Section 3.3.