Common use of Delivery; Payment Clause in Contracts

Delivery; Payment. At each Closing, subject to the terms and conditions hereof, the Purchasers will deliver the full amount of the Purchase Price in cash by wire transfer of immediately available funds in accordance with instructions attached hereto as Exhibit D, or as the Company shall otherwise direct and the Company will deliver (1) one (1) certificate registered in such Purchaser’s name, to purchase such number of shares of Common Stock (or Preferred Stock for any Purchasers that elect to purchase shares of our Preferred Stock in lieu of Common Stock) included in the Units purchased by such Purchaser or Subsequent Closing Purchaser, as the case may be, at such Closing and (2) one Warrant, registered in such Purchaser’s name to purchase such number of Warrant Shares included in the Units purchased by such Purchaser or Subsequent Closing Purchaser, as the case may be, at such Closing. The Company and the Placement Agent, in their mutual discretion, may allow a Purchaser to purchase a partial Unit, in which case the Purchaser shall receive a certificate representing the appropriate number of shares of Common Stock (or Preferred Stock for any Purchasers that elect to purchase shares of our Preferred Stock in lieu of Common Stock) included in such partial Unit and a Warrant for the appropriate number of corresponding Warrant Shares.

Delivery; Payment. At each Closing, subject to the terms and conditions hereof, the Purchasers will deliver the full amount of the Purchase Price in cash by wire transfer of immediately available funds in accordance with instructions attached hereto as Exhibit DC, or as the Company shall otherwise direct and the Company will deliver (1) one (1) certificate registered in such Purchaser’s name, instructions to purchase such number its transfer agent authorizing the issuance of shares of Common Stock (or Preferred Stock for any Purchasers that elect to purchase shares of our Preferred Stock in lieu of Common Stock) the Shares and/or Warrant included in the Units Securities purchased by such Purchaser or Subsequent Closing Purchaser, as the case may be, at such Closing and (2) one Warrant, each registered in such Purchaser’s name to purchase such number of Warrant Shares included in the Units Warrants purchased by such Purchaser or Subsequent Closing Purchaser, as the case may be, at such Closing. Within five (5) business days following any Closing the Company will deliver, unless otherwise requested by any Purchaser, one (1) certificate registered in such Purchaser’s name representing the Shares included in the Securities purchased by such Purchaser at such Closing and the Warrants included in the Securities purchased by such Purchaser at such Closing. The Company and the Placement Agent, in their mutual discretion, may allow a Purchaser to purchase a partial UnitSecurities, in which case the Purchaser shall receive a certificate representing the appropriate number of shares of Common Stock (or Preferred Stock for any Purchasers that elect to purchase shares of our Preferred Stock in lieu of Common Stock) Shares included in such partial Unit and Securities and/or a Warrant for the appropriate number of corresponding Warrant Shares.

Delivery; Payment. At each Closing, subject to the terms and conditions hereof, the Purchasers will deliver the full amount of the Purchase Price in cash by wire transfer of immediately available funds in accordance with instructions attached hereto as Exhibit Dprovided to each purchaser, or as the Company shall otherwise direct and the Company will deliver (1) one (1) certificate registered in such Purchaser’s name, instructions to purchase such number its transfer agent authorizing the issuance of shares of Common Stock (or Preferred Stock for any Purchasers that elect to purchase shares of our Preferred Stock in lieu of Common Stock) the Warrant included in the Units Securities purchased by such Purchaser or Subsequent Closing Purchaser, as the case may be, at such Closing and (2) one Warrant, each registered in such Purchaser’s name to purchase such number of Warrant Shares included in the Units Warrants purchased by such Purchaser or Subsequent Closing Purchaser, as the case may be, at such Closing. Within five (5) business days following any Closing the Company will deliver, unless otherwise requested by any Purchaser, one (1) certificate registered in such Purchaser’s name representing the Securities purchased by such Purchaser at such Closing and the Warrants included in the Securities purchased by such Purchaser at such Closing. The Company and the Placement AgentPurchasers, in their mutual discretion, may allow a Purchaser to purchase a partial UnitSecurities, in which case the Purchaser shall receive a certificate representing the appropriate number of shares of Common Stock (or Preferred Stock for any Purchasers that elect to purchase shares of our Preferred Stock in lieu of Common Stock) included in such partial Unit and a Warrant Warrants for the appropriate number of corresponding Warrant Shares.

Delivery; Payment. At each Closing, subject to the terms and conditions hereof, the Purchasers will deliver the full amount of the Purchase Price in cash by wire transfer of immediately available funds in accordance with instructions attached hereto as Exhibit Dprovided to each purchaser, or as the Company shall otherwise direct and the Company will deliver (1) one (1) certificate registered in such Purchaser’s name, instructions to purchase such number its transfer agent authorizing the issuance of shares of Common Stock (or Preferred Stock for any Purchasers that elect to purchase shares of our Preferred Stock in lieu of Common Stock) the Warrant included in the Units Securities purchased by such Purchaser or Subsequent Closing Purchaser, as the case may be, at such Closing and (2) one Warrant, each registered in such Purchaser’s name to purchase such number of Warrant Shares included in the Units Warrants purchased by such Purchaser or Subsequent Closing Purchaser, as the case may be, at such Closing. Within five (5) business days following any Closing the Company will deliver, unless otherwise requested by any Purchaser, one (1) certificate registered in such Purchaser’s name representing the Securities purchased by such Purchaser at such Closing and the Warrants included in the Securities purchased by such Purchaser at such Closing. The Company and the Placement Agent, in their mutual discretion, may allow a Purchaser to purchase a partial UnitSecurities, in which case the Purchaser shall receive a certificate representing the appropriate number of shares of Common Stock (or Preferred Stock for any Purchasers that elect to purchase shares of our Preferred Stock in lieu of Common Stock) included in such partial Unit and a Warrant Warrants for the appropriate number of corresponding Warrant Shares.