Common use of Agreement to Sell and Purchase the Shares; Subscription Date Clause in Contracts

Agreement to Sell and Purchase the Shares; Subscription Date. 2.1 At the Closing (as defined in Section 3), the Company will sell to the Investor, and the Investor will purchase from the Company, upon the terms and conditions hereinafter set forth, the number of Shares set forth on the signature page hereto at the purchase price set forth on such signature page. 2.2 The Company may enter into this same form of Stock Purchase Agreement with certain other investors (the "Other Investors") and expects to complete sales of Shares to them. (The Investor and the Other Investors are hereinafter sometimes collectively referred to as the "Investors," and this Agreement and the Stock Purchase Agreements executed by the Other Investors are hereinafter sometimes collectively referred to as the "Agreements.") The Company may accept executed Agreements from Investors for the purchase of Shares commencing upon the date on which the Company provides the Investors with the proposed purchase price per Share and concluding upon the date (the "Subscription Date") on which the Company has (i) executed Agreements with Investors for the purchase of at least _______ Shares, and (ii) notified the Investors in writing that it is no longer accepting Agreements from Investors for the purchase of Shares. The Company may not enter into any Agreements after the Subscription Date.

Agreement to Sell and Purchase the Shares; Subscription Date. 2.1 At the Closing (as defined in Section 3), the Company will sell to the Investor, and the Investor will purchase from the Company, upon the terms and conditions hereinafter set forth, the number of Shares set forth on the signature page hereto to which these Terms and Conditions for Purchase of Shares are attached as Annex I (the "Signature Page") at the purchase price set forth on such signature pageSignature Page. 2.2 The Company may proposes to enter into this same form of Stock Purchase Agreement with certain other investors (the "Other Investors") and expects to complete sales of Shares to them. (The Investor and the Other Investors are hereinafter sometimes collectively referred to as the "Investors," and this Agreement and the Stock Purchase Agreements executed by the Other Investors are hereinafter sometimes collectively referred to as the "Agreements.") The Company may will accept executed Agreements from Investors for the purchase of Shares commencing upon the date on which the Company provides the Investors with the proposed purchase price per Share and concluding upon the date (the "Subscription Date") on which the Company has (i) executed Agreements with Investors for the purchase of Shares in the aggregate amount of at least _______ Shares, $20,000,000 and (ii) notified Deutsche Bank Securities, Inc. (in its capacity as Placement Agent for the Investors Shares, the "Placement Agent") in writing that it is no longer accepting Agreements from Investors for the purchase of Shares. The . 2.3 Investor acknowledges that the Company may not enter into any Agreements after intends to pay the Subscription DatePlacement Agent a fee in respect of the sale of Shares to the Investor.

Agreement to Sell and Purchase the Shares; Subscription Date. 2.1 At the Closing (as defined in Section 3), the Company will sell to the Investor, and the Investor will purchase from the Company, upon the terms and conditions hereinafter set forth, the number of Shares set forth on the signature page hereto to which these Terms and Conditions for Purchase of Shares are attached as Annex I (the "Signature Page") at the purchase price set forth on such signature pageSignature Page. 2.2 The Company may proposes to enter into this same form of Stock Purchase Agreement with certain other investors (the "Other Investors") and expects to complete sales of Shares to them. (The Investor and the Other Investors are hereinafter sometimes collectively referred to as the "Investors," and this Agreement and the Stock Purchase Agreements executed by the Other Investors are hereinafter sometimes collectively referred to as the "Agreements.") The Company may will accept executed Agreements from Investors for the purchase of Shares commencing upon the date on which the Company provides the Investors with the proposed purchase price per Share and concluding upon the date (the "Subscription Date") on which the Company has (i) executed Agreements with Investors for the purchase of Shares in the amount of at least _______ Shares, $40,000,000 in the aggregate and (ii) notified Chase Securities Inc., Prudential Vector Healthcare Group and Warburg Dillon Read LLC (in their capacities as Placement Agents for the Investors Shares, the "Placement Agents") in writing that it is no longer accepting Agreements from Investors for the purchase of Shares. The . 2.3 Investor acknowledges that the Company may not enter into any Agreements after intends to pay the Subscription DatePlacement Agents a fee in respect of the sale of Shares to the Investor.

Agreement to Sell and Purchase the Shares; Subscription Date. 2.1 At the Closing (as defined in Section 3), the Company will sell to the Investor, and the Investor will purchase from the Company, upon the terms and conditions hereinafter set forth, the number of Shares set forth on in Section 3 of the signature page hereto Stock Purchase Agreement to which these Terms and Conditions are attached at the purchase price set forth on such signature pagetherein. 2.2 The Company may enter into this the same form of Stock Purchase Agreement Agreement, including these Terms and Conditions, with certain other investors (the "Other Investors") and expects to complete sales of Shares to them. (The Investor and the Other Investors are hereinafter sometimes collectively referred to as the "Investors," and this the Stock Purchase Agreement to which these Terms and Conditions are attached and the Stock Purchase Agreements (including attached Terms and Conditions) executed by the Other Investors are hereinafter sometimes collectively referred to as the "Agreements.") The Company may accept executed Agreements from Investors for the purchase of Shares commencing upon the date on which the Company provides the Investors with the proposed purchase price per Share and concluding upon the date (the "Subscription Date") on which the Company has (i) executed Agreements with Investors for the purchase of at least _______ 4,000,000 Shares, and (ii) notified the Investors in writing that it is no longer accepting additional Agreements from Investors for the purchase of Shares. The Company may not enter into any Agreements after the Subscription Date.

Agreement to Sell and Purchase the Shares; Subscription Date. 2.1 At the Closing (as defined in Section 3), the Company will sell to the Investor, and the Investor will purchase from the Company, upon the terms and conditions hereinafter set forth, the number of Shares set forth on the signature page hereto at the purchase price set forth on such signature page. 2.2 The Company may proposes to enter into this same form of Stock Purchase Agreement with certain other investors (the "Other Investors") and expects to complete sales of Shares to them. (The Investor and the Other Investors are hereinafter sometimes collectively referred to as the "Investors," and this Agreement and the Stock Purchase Agreements executed by the Other Investors are hereinafter sometimes collectively referred to as the "Agreements.") The Company may will accept executed Agreements from Investors for the purchase of Shares commencing upon the date on which the Company provides the Investors with the proposed purchase price per Share and concluding upon the date (the "Subscription Date") on which the Company has (i) executed Agreements with Investors each for the purchase of Shares in the amount of at least _______ Shares, $1,000,000 and (ii) notified BancBoston Robe▇▇▇▇▇ ▇▇▇p▇▇▇▇ ▇▇▇. (in its capacity as Placement Agent for the Investors Shares, the "Placement Agent") in writing that it is no longer accepting Agreements from Investors for the purchase of Shares. The . 2.3 Investor acknowledges that the Company may not enter into any Agreements after intends to pay the Subscription DatePlacement Agent a fee in respect of the sale of Shares to the Investor.

Agreement to Sell and Purchase the Shares; Subscription Date. 2.1 At the Closing (as defined in Section 3), the Company will sell to the Investor, and the Investor will purchase from the Company, upon the terms and conditions hereinafter set forth, the number of Shares set forth on the signature page hereto to which these Terms and Conditions for Purchase of Shares are attached as Annex I (the "Signature Page") at the purchase price set forth on such signature pageSignature Page. 2.2 The Company may proposes to enter into this same form of Stock Purchase Agreement with certain other investors (the "Other Investors") and expects to complete sales of Shares to them. (The Investor and the Other Investors are hereinafter sometimes collectively referred to as the "Investors," and this Agreement and the Stock Purchase Agreements executed by the Other Investors are hereinafter sometimes collectively referred to as the "Agreements.") The Company may accept in its sole discretion executed Agreements from Investors for the purchase of Shares commencing upon the date on which the Company provides the Investors with the proposed purchase price per Share and concluding upon the date (the "Subscription Date") on which the Company has (i) executed Agreements with Investors for the purchase of Shares in the amount of at least _______ Shares, $10,000,000 and (ii) notified ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ & Company, Incorporated (in its capacity as Placement Agent for the Investors Shares, the "Placement Agent") in writing that it is no longer accepting Agreements from Investors for the purchase of Shares. The . 2.3 Investor acknowledges that the Company may not enter into any Agreements after intends to pay the Subscription DatePlacement Agent a fee in respect of the sale of Shares to the Investor.

Agreement to Sell and Purchase the Shares; Subscription Date. 2.1 At the Closing (as defined in Section 3), the Company will sell to the Investor, and the Investor will purchase from the Company, upon the terms and conditions hereinafter set forth, the number of Shares set forth on in Paragraph 3 of the signature page hereto Stock Purchase Agreement to which these Terms and Conditions are attached at the purchase price set forth on such signature pagethereon. 2.2 The Company may enter into this the same form of Stock Purchase Agreement Agreement, including these Terms and Conditions, with certain other investors (the "Other Investors") and expects to complete sales of Shares to them. (The Investor and the Other Investors are hereinafter sometimes collectively referred to as the "Investors," and this the Stock Purchase Agreement to which these Terms and Conditions are attached and the Stock Purchase Agreements (including attached Terms and Conditions) executed by the Other Investors are hereinafter sometimes collectively referred to as the "Agreements.") The Company may accept executed Agreements from Investors for the purchase of Shares commencing upon the date on which the Company provides the Investors with the proposed purchase price per Share and concluding upon the date (the "Subscription Date") on which the Company has (i) executed Agreements with Investors for the purchase of at least _______ 2,000,000 Shares, and (ii) notified the Investors Rob▇▇▇▇▇▇ ▇▇e▇▇▇▇▇, ▇nc., in its capacity as placement agent for this transaction, in writing that it is no longer accepting additional Agreements from Investors for the purchase of Shares. The Company may not enter into any Agreements after the Subscription Date.

Agreement to Sell and Purchase the Shares; Subscription Date. 2.1 At the First Closing (as defined in Section 33.1), the Company will sell to the Investor, and the Investor will purchase from the Company, upon the terms and conditions hereinafter set forth, the number of Firm Shares set forth on the signature page hereto at to which these Terms and Conditions for Purchase of Shares are attached as Annex I (the "Signature Page") for the aggregate purchase price therefor set forth on such signature pagethe Signature Page. 2.2 At the Option Closing (as defined in Section 3.2), the Company, at the Investor's option, will sell to the Investor, and the Investor will purchase from the Company, upon the terms and conditions hereinafter set forth, up to the number of Optional Shares set forth on the Signature Page for an aggregate purchase price equal to the number of Optional Shares being purchased by the Investor multiplied by the Purchase Price. 2.3 The Company may proposes to enter into this same form of Stock Purchase Subscription Agreement with certain other investors (the "Other Investors") and expects to complete sales of Shares to them. (The Investor and the Other Investors are hereinafter sometimes collectively referred to as the "Investors," and this Agreement and the Stock Purchase Subscription Agreements executed by the Other Investors are hereinafter sometimes collectively referred to as the "Agreements.") The Company may accept executed Agreements from Investors for the purchase of Shares commencing upon the date on which 2.4 Investor acknowledges that the Company provides the Investors with the proposed purchase price per Share and concluding upon the date intends to pay ▇▇ ▇▇▇▇▇ Securities Corporation (the "Subscription DatePlacement Agent") on which a fee in respect of the sale of Shares to the Investor. 2.5 The Company has entered into a Placement Agent Agreement (the "Placement Agreement") with the Placement Agent that contains certain representations, warranties, covenants and agreements of the Company has (i) executed Agreements with Investors for that may be relied upon by the purchase Investor. A copy of at least _______ Shares, and (ii) notified the Investors in writing that it Placement Agreement is no longer accepting Agreements from Investors for the purchase of Shares. The Company may not enter into any Agreements after the Subscription Dateavailable upon request.

Agreement to Sell and Purchase the Shares; Subscription Date. 2.1 At the Closing (as defined in Section 3), the Company will sell to the Investor, and the Investor will purchase from the Company, upon the terms and conditions hereinafter set forth, the number of Shares set forth on the signature page hereto to which these Terms and Conditions for Purchase of Shares are attached as Annex I (the "Signature Page") at the purchase price set forth on such signature pageSignature Page. 2.2 The Company may proposes to enter into this same form of Stock Purchase Agreement with certain other investors (the "Other Investors") and expects to complete sales of Shares to them. (The Investor and the Other Investors are hereinafter sometimes collectively referred to as the "Investors," and this Agreement and the Stock Purchase Agreements executed by the Other Investors are hereinafter sometimes collectively referred to as the "Agreements.") The Company may will accept executed Agreements from Investors for the purchase of Shares commencing upon the date on which the Company provides the Investors with the proposed purchase price per Share and concluding upon the date (the "Subscription Date") on which the Company has (i) executed Agreements with Investors for the purchase of Shares in the aggregate amount of at least _______ Shares, $10,000,000 and (ii) notified Deutsche Bank Securities, Inc. (in its capacity as Placement Agent for the Investors Shares, the "Placement Agent") in writing that it is no longer accepting Agreements from Investors for the purchase of Shares. The . 2.3 Investor acknowledges that the Company may not enter into any Agreements after intends to pay the Subscription DatePlacement Agent a fee in respect of the sale of Shares to the Investor.

Agreement to Sell and Purchase the Shares; Subscription Date. 2.1 At the Closing (as defined in Section 3), the Company and the Current Stockholder will sell to the Investor, and the Investor will purchase from the CompanyCompany and the Current Stockholder, upon the terms and conditions hereinafter set forth, the number of Shares set forth on in the signature page hereto Stock Purchase Agreement to which these Terms and Conditions are annexed at the purchase price set forth on such signature pagetherein. 2.2 The Company and the Current Stockholder may enter into this same form of Stock Purchase Agreement with certain other investors (the "Other Investors") and expects to complete sales of Shares to them. (The Investor and the Other Investors are hereinafter sometimes collectively referred to as the "Investors," and this Agreement and the Stock Purchase Agreements executed by the Other Investors are hereinafter sometimes collectively referred to as the "Agreements.") The Company Company, on behalf of itself and the Current Stockholder, may accept executed Agreements from Investors for the purchase of Shares commencing upon the date on which the Company provides the Investors with the proposed purchase price per Share and concluding upon the date (the "Subscription Date") on which the Company has (i) the Company and the Current Stockholder have executed Agreements with Investors for the purchase of at least _______ 1,000,000 Shares, and (ii) the Company has notified the Investors in writing that it is no longer accepting Agreements from Investors for the purchase of Shares. The Neither the Company nor the Current Stockholder may not enter into any Agreements after the Subscription Date.

Agreement to Sell and Purchase the Shares; Subscription Date. 2.1 At the Closing (as defined in Section 3), the Company will sell to the Investor, and the Investor will purchase from the Company, upon the terms and conditions hereinafter set forth, the number of Shares set forth on the signature page hereto to which these Terms and Conditions for Purchase of Shares are attached as Annex I (the "Signature Page") at the purchase price set forth on such signature pageSignature Page. 2.2 The Company may proposes to enter into this same form of Stock Purchase Agreement with certain other investors (the "Other Investors") and expects to complete sales of Shares to them. (The Investor and the Other Investors are hereinafter sometimes collectively referred to as the "Investors," and this Agreement and the Stock Purchase Agreements executed by the Other Investors are hereinafter sometimes collectively referred to as the "Agreements.") The Company may will accept executed Agreements from Investors for the purchase of Shares commencing upon the date on which the Company provides the Investors with the proposed purchase price per Share and concluding upon the date (the "Subscription Date") on which the Company has (i) executed Agreements with Investors each for the purchase of Shares in the amount of at least _______ Shares, $10,000,000 and (ii) notified Deutsche Bank Securities, Inc. (in its capacity as Placement Agent for the Investors Shares, the "Placement Agent") in writing that it is no longer accepting Agreements from Investors for the purchase of Shares. The . 2.3 Investor acknowledges that the Company may not enter into any Agreements after intends to pay the Subscription DatePlacement Agent a fee in respect of the sale of Shares to the Investor.

Agreement to Sell and Purchase the Shares; Subscription Date. 2.1 At the Closing (as defined in Section 33 hereof), the Company will sell to the Investor, and the Investor will purchase from the Company, upon the terms and conditions hereinafter set forth, the number of Shares set forth on the signature page hereto at the purchase price set forth on such signature page. If the Closing Date has not occurred, the Company's obligation to sell and the Investor's obligation to purchase the Shares will expire on February 15, 2000. 2.2 The Company may proposes to enter into this same form of Stock Purchase Agreement with certain other investors (the "Other Investors") and expects to complete sales of Shares to them. (The Investor and the Other Investors are hereinafter sometimes collectively referred to as the "Investors," and this Agreement and the Stock Purchase Agreements executed by the Other Investors are hereinafter sometimes collectively referred to as the "Agreements.") The Company may will accept executed Agreements from Investors for the purchase of Shares commencing upon the date on which the Company provides the Investors with the proposed purchase price per Share and concluding upon the date (the "Subscription Date") on which the Company has notified Deutsche Bank Securities Inc. (i) executed Agreements with Investors in its capacity as Placement Agent for the purchase of at least _______ Shares, and (iithe "Placement Agent") notified the Investors in writing that it is no longer accepting Agreements from Investors for the purchase of Shares. The . 2.3 Investor acknowledges that the Company may not enter into any Agreements after intends to pay the Subscription DatePlacement Agent a fee in respect of the sale of Shares to the Investor.

Agreement to Sell and Purchase the Shares; Subscription Date. 2.1 At the Closing (as defined in Section 3), the Company will sell to the Investor, and the Investor will purchase from the Company, upon the terms and conditions hereinafter set forth, the number of Shares set forth on in the signature page hereto Stock Purchase Agreement at the purchase price set forth on such signature pageStock Purchase Agreement. 2.2 The Company may proposes to enter into this same form of Stock Purchase Agreement with certain other investors (the "Other Investors") and expects to complete sales of Shares to them. (The Investor and the Other Investors are hereinafter sometimes collectively referred to as the "Investors," and this Agreement and the Stock Purchase Agreements executed by the Other Investors are hereinafter sometimes collectively referred to as the "Agreements.") The Company may will accept executed Agreements from Investors for the purchase of Shares commencing upon the date on which the Company provides the Investors with the proposed purchase price per Share and concluding upon the date (the "Subscription Date") on which the Company has (i) executed Agreements with Investors for the purchase of Shares in the amount of at least _______ Shares, $12,000,000 and (ii) notified U.S. Bancorp ▇▇▇▇▇ ▇▇▇▇▇▇▇ Inc. (in its capacity as Placement Agent for the Investors Shares, the "Placement Agent") in writing that it is no longer accepting Agreements from Investors for the purchase of Shares. The . 2.3 Investor acknowledges that the Company may not enter into any Agreements after intends to pay the Subscription DatePlacement Agent a fee of 6% of the gross proceeds in respect of the sale of Shares to the Investor.

Agreement to Sell and Purchase the Shares; Subscription Date. 2.1 At the Closing (as defined in Section 3), the Company will sell to the Investor, and the Investor will purchase from the Company, upon the terms and conditions hereinafter set forth, the number of Shares set forth on the signature page hereto to which these Terms and Conditions for Purchase of Shares are attached as Annex I (the "Signature Page") at the purchase price set forth on such signature pageSignature Page. 2.2 The Company may enter into this same form of Stock Purchase Agreement with certain other investors (the "Other Investors") and expects to may complete sales of Shares to them. (The Investor and the Other Investors are hereinafter sometimes collectively referred to as the "Investors," and this Agreement and the Stock Purchase Agreements executed by the Other Investors are hereinafter sometimes collectively referred to as the "Agreements.") The Company may will accept executed Agreements from Investors for the purchase of Shares commencing upon the date on which the Company provides the Investors with the proposed purchase price per Share and concluding upon the date (the "Subscription Date") on which the Company has (i) executed Agreements with Investors for the purchase of at least _______ Shares, $150,000,000 of Shares and (ii) notified Deutsche Bank Securities Inc. (in its capacity as Placement Agent for the Investors Shares, the "Placement Agent") in writing that it is no longer accepting Agreements from Investors for the purchase of Shares. 2.3 Investor acknowledges that the Company intends to pay the Placement Agent a fee in respect of the sale of Shares to the Investor. The Company may not enter into Each of the parties hereto represents that, on the basis of any Agreements after actions and agreements by it, there are no other brokers or finders entitled to compensation in connection with the Subscription Datesale of the Shares to the Investor.

Agreement to Sell and Purchase the Shares; Subscription Date. 2.1 At the Closing (as defined in Section 3), the Company will sell to the Investor, and the Investor will purchase from the Company, upon the terms and conditions hereinafter set forth, the number of Shares set forth on the signature page hereto at the purchase price set forth on such signature page.such 2.2 The Company may enter into this same form of Stock Purchase Agreement with certain other investors (the "Other Investors") and expects to complete sales of Shares to them. (The Investor and the Other Investors are hereinafter sometimes collectively referred to as the "Investors," and this Agreement and the Stock Purchase Agreements executed by the Other Investors are hereinafter sometimes collectively referred to as the "Agreements.") The Company may accept executed Agreements from Investors for the purchase of Shares commencing upon the date on which the Company provides the Investors with the proposed purchase price per Share and concluding upon the date (the "Subscription Date") on which the Company has (i) executed Agreements with Investors for the purchase of at least _______ 800,000 Shares, and (ii) notified Deutsche Bank Securities, Inc. (in its capacity as Placement Agent for the Investors Shares, the "Placement Agent") agent for this transaction in writing that it the Company is no longer accepting Agreements from Investors for the purchase of Shares. The Company may not enter into any Agreements after the Subscription Date. 2.3 Investor acknowledges that the Company intends to pay the Placement Agent a fee in respect of the sale of Shares to the Investor.

Agreement to Sell and Purchase the Shares; Subscription Date. 2.1 2.1. At the Closing (as defined in Section 3), the Company will sell to the Investor, and the Investor will purchase from the Company, upon the terms and conditions hereinafter set forth, the number of Shares set forth on the signature page hereto to which these Terms and Conditions for Purchase of Shares are attached as Annex I (the "Signature Page") at the purchase price set forth on such signature pageSignature Page. 2.2 2.2. The Company may proposes to enter into this same form of Stock Purchase Agreement with certain other investors (the "Other Investors") and expects to complete sales of Shares to them. (The Investor and the Other Investors are hereinafter sometimes collectively referred to as the "Investors," and this Agreement and the Stock Purchase Agreements executed by the Other Investors are hereinafter sometimes collectively referred to as the "Agreements.") The Company may will, in its sole discretion, accept executed Agreements from Investors for the purchase of Shares commencing upon the date on which the Company provides the Investors with the proposed purchase price per Share and concluding upon the date (the "Subscription Date") on which the Company has (i) received and accepted executed Agreements with Investors for the purchase of Shares in the aggregate amount of at least _______ Shares, and (ii) notified the Investors in writing that it is no longer accepting Agreements from Investors for the purchase of Shares. The Company may not enter into any Agreements after the Subscription Date$45,000,000.

Agreement to Sell and Purchase the Shares; Subscription Date. 2.1 At the Closing (as defined in Section 3), the Company will sell to the Investor, and the Investor will purchase from the Company, upon the terms and conditions hereinafter set forth, the number of Shares set forth on the signature page hereto to which these Terms and Conditions for Purchase of Shares are attached as Annex I (the "Signature Page") at the purchase price set forth on such signature pageSignature Page. 2.2 The Company may proposes to enter into this same form of Stock Purchase Agreement with certain other investors (the "Other Investors") and expects to complete sales of Shares to them. (The Investor and the Other Investors are hereinafter sometimes collectively referred to as the "Investors," and this Agreement and the Stock Purchase Agreements executed by the Other Investors are hereinafter sometimes collectively referred to as the "Agreements.") The Company may will accept executed Agreements from Investors for the purchase of Shares commencing upon the date on which the Company provides the Investors with the proposed purchase price per Share and concluding upon the date (the "Subscription Date") on which the Company has (i) executed Agreements with Investors for the purchase of at least _______ Shares, Shares and (ii) notified the Investors in writing that it is no longer accepting Agreements from Investors for the purchase of Shares. The . 2.3 Investor acknowledges that the Company may not enter into any Agreements after has engaged services of a finder and intends to pay the Subscription Datefinder a fee in respect of the sale of Shares to the Investor.

Agreement to Sell and Purchase the Shares; Subscription Date. 2.1 At the Closing (as defined in Section 3), the Company will sell to the Investor, and the Investor will purchase from the Company, upon the terms and conditions hereinafter set forth, the number of Shares set forth on the signature page hereto to which these Terms and Conditions for Purchase of Shares are attached as Annex I (the "Signature Page") at the purchase price set forth on such signature pageSignature Page. 2.2 The Company may proposes to enter into this same form of Stock Purchase Agreement with certain other investors (the "Other Investors") and expects to complete sales of Shares to them. (The Investor and the Other Investors are hereinafter sometimes collectively referred to as the "Investors," and this Agreement and the Stock Purchase Agreements executed by the Other Investors are hereinafter sometimes collectively referred to as the "Agreements.") The Company may accept in its sole discretion executed Agreements from Investors for the purchase of Shares commencing upon the date on which the Company provides the Investors with the proposed purchase price per Share and concluding upon the date (the "Subscription Date") on which the Company has (i) executed Agreements with Investors for the purchase of Shares in the amount of at least _______ Shares, $15,000,000 and (ii) notified ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ & Company, Incorporated (in its capacity as Placement Agent for the Investors Shares, the "Placement Agent") in writing that it is no longer accepting Agreements from Investors for the purchase of Shares. The Company may not enter into any Agreements after the Subscription Date.