Common use of Acceptance of Subscriptions Clause in Contracts

Acceptance of Subscriptions. Upon acceptance of a Subscription, Mellon shall: (a) Hold all monies received in a special account for the benefit of the Company. Promptly following the Expiration Time Mellon shall distribute to the Company the funds in such account and issue certificates for shares of Additional Common Stock issuable with respect to Subscriptions that have been accepted. Mellon will not be obligated to calculate or pay interest to any holder or any other party claiming through a holder or otherwise. It is hereby agreed immediately following the effective date of the Subscription, immediately available funds, represented by certified check, money order, or wire transfer but not personal check, will be deposited with Mellon. (b) Advise the Company daily by telecopy and confirm by letter to the attention of Eugene Hynes (the "Company Representative") as to the total numbe▇ ▇▇ ▇▇▇▇▇▇ of Additional Common Stock Subscribed for, total number of Rights sold, total number of Rights partially Subscribed for and the amount of funds received, with cumulative totals for each; and in addition advise the Company Representative, by telephone at (203) 622-1150, confirmed by telecopy, of the amount of funds re▇▇▇▇▇▇ ▇▇▇▇▇▇fied in accordance with (a) above, deposited, available or transferred in accordance with (a) above, with cumulative totals; and (c) As promptly as possible but in any event on or before 3:30 p.m., New York City Time, on the first full business day following the Expiration Time, advise the Company Representative in accordance with (b) above of the number of shares Subscribed for, the number of Subscription guarantees received and the number of shares of Additional Common Stock unsubscribed for.

Acceptance of Subscriptions. Upon acceptance of a Subscription, Mellon shallContinental shall from time to time during the offering: (a) Hold all monies received in a special dedicated, non-interest bearing account for the benefit of the Company. Promptly following the Expiration Time Mellon Time, Continental shall distribute to the Company the funds from exercise of the Basic Subscription Rights and Over-Subscription Rights in such account and following the Expiration Date issue (in physical form or electronically through the facilities of DTC, in each case in a manner approved by the Company) certificates for shares of Additional Common Stock and Warrants issuable with respect to Subscriptions that have been accepted. Mellon Continental will not be obligated to calculate or pay interest to any holder or any other party claiming through a holder or otherwise. It is hereby agreed immediately following the effective date of the Subscription, immediately available funds, represented by certified check, money order, or wire transfer but not personal check, will be deposited with MellonContinental. (b) Advise the Company daily by telecopy facsimile transmission and confirm by letter to the attention of Eugene Hynes (the "Company Representative") as to the total numbe▇ [▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇] (the “Company Representative”) as to the total number of Additional shares of Common Stock and Warrants Subscribed for, total number of Rights sold, the total number of Rights partially Subscribed for and the amount of funds received, with cumulative totals for each; and in addition advise the Company Representative, by telephone at (203▇▇▇) 622▇▇▇-1150▇▇▇▇, confirmed by telecopyfacsimile transmission, of the amount of funds re▇▇▇▇▇▇ ▇▇▇▇▇▇fied received identified in accordance with (a) above, deposited, available or transferred in accordance with (a) above, with cumulative totals; and (c) As promptly as possible but in any event on or before 3:30 p.m., New York City Time, on the first full business day following the Expiration Time, advise the Company Representative in accordance with (b) above of the number of shares Subscribed for, the number of Subscription guarantees received for and the number of shares of Additional Common Stock and Warrants unsubscribed for.

Acceptance of Subscriptions. Upon acceptance of a Subscription, Mellon shall: (a) Hold all monies received in a special account for the benefit of the Company. Promptly following the Expiration Time Mellon shall distribute to the Company the funds in such account and issue certificates for shares of Additional Common Stock issuable with respect to Subscriptions that have been accepted. Mellon will not be obligated to calculate or pay interest to any holder or any other party claiming through a holder or otherwise. It is hereby agreed immediately following the effective date of the Subscription, immediately available funds, represented by certified check, money order, or wire transfer but not personal check, will be deposited with Mellon. (b) Advise the Company daily by telecopy and confirm by letter to the attention of Eugene Hynes (the "Company Representative") as to the total numbe▇ number ▇▇ ▇▇▇▇▇▇ of Additional Common Stock Subscribed for, total number of Rights sold, total number of Rights partially Subscribed for and the amount of funds received, with cumulative totals for each; and in addition advise the Company Representative, by telephone at (203) 622-1150, confirmed by telecopy, of the amount of funds re▇rec▇▇▇▇▇ ▇▇▇▇▇▇fied ▇ied in accordance with (a) above, deposited, available or transferred in accordance with (a) above, with cumulative totals; and (c) As promptly as possible but in any event on or before 3:30 p.m., New York City Time, on the first full business day following the Expiration Time, advise the Company Representative in accordance with (b) above of the number of shares Subscribed for, the number of Subscription guarantees received and the number of shares of Additional Common Stock unsubscribed for.

Acceptance of Subscriptions. Upon acceptance of a Subscription, Mellon Continental shall: (a) Hold all monies received in a special account for the benefit of the Company. Promptly following the Expiration Time Mellon Continental shall distribute to the Company the funds in such account and issue certificates for shares of Additional Common Stock issuable with respect to Subscriptions that have been accepted. Mellon Continental will not be obligated to calculate or pay interest to any holder or any other party claiming through a holder or otherwise. It is hereby agreed immediately following the effective date of the Subscription, immediately available funds, represented by certified check, money order, or wire transfer but not personal check, will be deposited with MellonContinental. (b) Advise the Company daily by telecopy and confirm by letter to the attention of Eugene Hynes (the "Company Representative") as to the total numbe▇ ▇▇▇▇ ▇▇▇▇▇▇ , Chief Financial Officer (the “Company Representative”) as to the total number of shares of Additional Common Stock Subscribed for, total number of Rights sold, total number of Rights partially Subscribed for and the amount of funds received, with cumulative totals for each; and in addition advise the Company Representative, by telephone at (203▇▇▇) 622▇▇▇-1150▇▇▇▇, confirmed by telecopy, of the amount of funds re▇▇▇▇▇▇ ▇▇▇▇▇▇fied received identified in accordance with (a) above, deposited, available or transferred in accordance with (a) above, with cumulative totals; and (c) As promptly as possible but in any event on or before 3:30 p.m., New York City Time, on the first full business day following the Expiration Time, advise the Company Representative in accordance with (b) above of the number of shares Subscribed for, the number of Subscription guarantees received and the number of shares of Additional Common Stock unsubscribed for.

Acceptance of Subscriptions. Upon acceptance of a Subscription, Mellon shall: (a) Hold all monies received in a special account for the benefit of the Company. Promptly following the Expiration Time Mellon shall distribute to the Company the funds in such account and issue certificates for shares of Additional Common Stock issuable with respect to Subscriptions that have been accepted. Mellon will not be obligated to calculate or pay interest to any holder or any other party claiming through a holder or otherwise. It is hereby agreed immediately following the effective date of the Subscription, immediately available funds, represented by certified check, money order, or wire transfer but not personal check, will be deposited with Mellon. (b) Advise the Company daily by telecopy and confirm by letter to the attention of Eugene Hynes (the "Company Representative") as to the total numbe▇ number ▇▇ ▇▇▇▇▇▇ of ▇▇ Additional Common Stock Subscribed for, total number of Rights sold, total number of Rights partially Subscribed for and the amount of funds received, with cumulative totals for each; and in addition advise the Company Representative, by telephone at (203) 622-1150, confirmed by telecopy, of the amount of funds re▇rec▇▇▇▇▇ ▇▇▇▇▇▇fied ▇ied in accordance with (a) above, deposited, available or transferred in accordance with (a) above, with cumulative totals; and (c) As promptly as possible but in any event on or before 3:30 p.m., New York City Time, on the first full business day following the Expiration Time, advise the Company Representative in accordance with (b) above of the number of shares Subscribed for, the number of Subscription guarantees received and the number of shares of Additional Common Stock unsubscribed for.