Common use of Closing of the Issuance Clause in Contracts

Closing of the Issuance. Upon the issuance of any New Securities to the Purchaser in accordance with this Section 10, the Company shall deliver to the Purchaser(s) certificates (if any) evidencing the New Securities, which New Securities shall be issued free and clear of any Encumbrances, and the Company shall so represent and warrant to the Purchaser(s), and further represent and warrant to the Purchaser(s) that such New Securities shall be, upon issuance thereof to the Purchaser(s) and after payment therefor, duly authorized, validly issued, fully paid and non-assessable. The Purchaser(s) shall deliver to the Company the purchase price for the New Securities purchased by it by wire transfer of immediately available funds. Each party to the purchase and sale of New Securities shall take all such other actions as may be reasonably necessary to consummate the purchase and sale including, without limitation, entering into such additional agreements as may be necessary or appropriate.

Closing of the Issuance. Upon the issuance of any New Securities to the Purchaser in accordance with this Section 102, the Company shall deliver to the Purchaser(s) Purchaser certificates (if any) evidencing the New SecuritiesSecurities purchased by the Purchaser pursuant to the Participation Right, which New Securities shall be issued free and clear of any Encumbrancesliens (other than those arising hereunder and those attributable to the actions of the purchasers thereof), and the Company shall so represent and warrant to the Purchaser(s)Purchaser, and further represent and warrant to the Purchaser(s) Purchaser that such New Securities shall be, upon issuance thereof to the Purchaser(s) Purchaser and after payment therefor, duly authorized, validly issued, fully paid and non-assessable. The Purchaser(s) Purchaser shall deliver to the Company the purchase price for the New Securities purchased by it by certified or bank check or wire transfer of immediately available funds. Each party to the purchase and sale of New Securities shall take all such other actions as may be reasonably necessary to consummate the purchase and sale including, without limitation, entering into such additional agreements as may be necessary or appropriate.