Common use of Closing Deliveries Conditions to Closing Clause in Contracts

Closing Deliveries Conditions to Closing. 5.1 At or prior to each Closing, the Company shall issue, deliver or cause to be delivered to each Investor the following (the “Company Deliverables”): (a) this Agreement and the Registration Rights Agreement, each duly executed by the Company, and the applicable Closing Securities, in book-entry or certificated form, as applicable; (b) the Company’s wire instructions of the Company, on Company letterhead and executed by the Chief Executive Officer or Chief Financial Officer of the Company; (c) a certificate, in the form of Exhibit B attached hereto, executed on behalf of the Company by its Chief Executive Officer or its Chief Accounting Officer, dated as of the applicable Closing Date, certifying to the fulfillment of the conditions specified in subsections (a), (b), (d), (e), (f), (g) and (h) of Section 5.3. 5.2 At or prior to each Closing, each Investor shall deliver or cause to be delivered to the Company the following (the “Investor Deliverables”): (a) this Agreement, the Registration Rights Agreement and the Lock-Up Agreement, each duly executed by such Investor; and (b) its Subscription Amount for the Initial Closing Securities or the Second Closing Securities, as applicable.

Closing Deliveries Conditions to Closing. 5.1 At or prior to each Closing, the Company shall issue, deliver or cause to be delivered to each Investor the following (the “Company Deliverables”): (a) this Agreement and the Registration Rights Agreement, each duly executed by the CompanyCompany prior to the Initial Closing, and the applicable Closing SecuritiesShares, in book-entry or certificated form, as applicable; (b) the Company’s wire instructions of the Company, on Company letterhead and executed by the Chief Executive Officer or Chief Financial Officer of the Company; (c) a certificate, in the form of Exhibit B attached hereto, executed on behalf of the Company by its Chief Executive Officer or its Chief Accounting Officer, dated as of the applicable each Closing Date, certifying to the fulfillment of the conditions specified in subsections (a), (b), (d), (e), (f), (g) and (hg) of Section 5.3. 5.2 At or prior to each Closing (provided, that, with respect to the Second Closing, solely to the extent such Investor is a participant in the Second Closing), each Investor shall deliver or cause to be delivered to the Company the following (the “Investor Deliverables”): (a) this Agreement, the Registration Rights Agreement and the Lock-Up Agreement, each duly executed by such InvestorInvestor prior to the Initial Closing; and (b) its Subscription Amount for the Initial Closing Securities or the Second Closing SecuritiesShares being purchased at such Closing, as applicable.