Common use of Exchange of Shares Closing Clause in Contracts

Exchange of Shares Closing. (a) Subject to the terms and conditions set forth below, Southridge shall tender to the Company the One Thousand One Hundred Seventy-one and seventy-nine one-hundredths (1,171.79) shares of Series I Preferred Stock which Southridge received from Breckenridge, and in exchange (the "Exchange"), Southridge shall receive One Thousand Four Hundred Fifty-two (1,452) shares of Series J Preferred Stock. The Shares issued pursuant to this Agreement shall have the respective rights, preferences and privileges set forth in Exhibit A (the "Certificate of Designation"). (b) The closing of the Exchange of the Shares (the "Closing") shall take place at the offices of Durham J▇▇▇▇ & P▇▇▇▇▇▇, P.C., 1▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇ ▇▇▇▇ ▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇. The date of the Closing shall be the date on which Southridge tenders the shares of Series I Preferred Stock and receives in return the shares of Preferred Stock pursuant to this Agreement, and is hereinafter referred to as the "Closing Date." (c) At the Closing the parties shall deliver the following: (i) The Company shall deliver or cause to be delivered: (A) Stock certificates representing One Thousand Four Hundred Fifty-one and seventy-nine one-hundredths (1,451.79) Shares of Series J Preferred Stock, registered according to instructions to be provided by Southridge at or before the Closing; and (B) a Legal Opinion addressed to Southridge. (ii) Southridge shall deliver or cause to be delivered: (A) Stock certificates representing the One Thousand One Hundred Seventy-one and seventy-nine one-hundredths (1,171.79) shares of Series I Preferred Stock which Southridge obtained from Breckenridge. (iii) Each party hereto shall deliver or cause to be delivered all other executed instruments, agreements and certificates as are required to be delivered by or on their behalf at the Closing.

Exchange of Shares Closing. (a) Subject to the terms and conditions set forth below, Southridge the M▇▇▇▇▇▇▇▇ shall tender to the Company the One Thousand One Thousand, Nine Hundred SeventySixty and eight-one and seventy-nine one-hundredths tenths (1,171.791,960.8) shares of Series I H Preferred Stock which Southridge received from BreckenridgeStock, and in exchange (the "“Exchange"”), Southridge M▇▇▇▇▇▇▇▇ shall receive One Thousand Four Thousand, Nine Hundred FiftySixty and eight-two tenths (1,4521,960.8) shares of Series J L Preferred Stock. The Shares issued pursuant to this Agreement shall have the respective rights, preferences and privileges set forth in Exhibit A (the "“Certificate of Designation"”). (b) The closing of the Exchange of the Shares (the "“Closing"”) shall take place at the offices of Durham J▇▇▇▇ & P▇▇▇▇▇▇, P.C., 1▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇ ▇▇▇▇ ▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇. The date of the Closing shall be the date on which Southridge tenders M▇▇▇▇▇▇▇▇ tender the shares of Series I H Preferred Stock and receives in return the shares of Series L Preferred Stock pursuant to this Agreement, and is hereinafter referred to as the "“Closing Date."” (c) At the Closing the parties shall deliver the following: (i) The Company shall deliver or cause to be delivered: (A) Stock delivered stock certificates representing One Thousand Four Thousand, Nine Hundred FiftySixty and eight-one and seventy-nine one-hundredths tenths (1,451.791,960.8) Shares shares of Series J L Preferred Stock, registered according Stock to instructions to be provided by Southridge at or before the Closing; and (B) a Legal Opinion addressed to SouthridgeM▇▇▇▇▇▇▇▇. (ii) Southridge M▇▇▇▇▇▇▇▇ shall deliver or cause to be delivered: (A) Stock delivered stock certificates representing the One Thousand One Thousand, Nine Hundred SeventySixty and eight-one and seventy-nine one-hundredths tenths (1,171.791,960.8) shares of Series I H Preferred Stock which Southridge obtained from BreckenridgeStock. (iii) Each party hereto shall deliver or cause to be delivered all other executed instruments, agreements and certificates as are required to be delivered by or on their behalf at the Closing.

Exchange of Shares Closing. (a) Subject to the terms and conditions set forth below, Southridge shall tender to the Company the One Thousand One Hundred SeventyNinety-one and seventy-nine one-hundredths three (1,171.791,093) shares of Series I J Preferred Stock which Southridge received from BreckenridgeStock, and in exchange (the "“Exchange"”), Southridge shall receive One Thousand Four Hundred FiftyNinety-two three (1,4521,093) shares of Series J K Preferred Stock. The Shares issued pursuant to this Agreement shall have the respective rights, preferences and privileges set forth in Exhibit A (the "“Certificate of Designation"”). (b) The closing of the Exchange of the Shares (the "“Closing"”) shall take place at the offices of Durham J▇▇▇▇ Jones & P▇▇▇▇Pineg▇▇, P.C.▇.C., 1▇▇ ▇▇▇▇ ▇▇▇▇ast Broa▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇ ▇▇▇▇ ▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇. The date of ▇▇▇ ▇▇▇▇ ▇f the Closing shall be the date on which Southridge tenders the shares of Series I J Preferred Stock and receives in return the shares of Series K Preferred Stock pursuant to this Agreement, and is hereinafter referred to as the "“Closing Date."” (c) At the Closing the parties shall deliver the following: (i) The Company shall deliver or cause to be delivered: (A) Stock certificates representing One Thousand Four Hundred FiftyNinety-one and seventy-nine one-hundredths three (1,451.791,093) Shares of Series J K Preferred Stock, registered according to instructions to be provided by Southridge at or before the Closing; and (B) a Legal Opinion addressed to Southridge. (ii) Southridge shall deliver or cause to be delivered: (A) Stock certificates representing the One Thousand One Hundred SeventyNinety-one and seventy-nine one-hundredths three (1,171.791,093) shares of Series I K Preferred Stock which Southridge obtained from BreckenridgeStock. (iii) Each party hereto shall deliver or cause to be delivered all other executed instruments, agreements and certificates as are required to be delivered by or on their behalf at the Closing.

Exchange of Shares Closing. (a) Subject to the terms and conditions set forth below, Southridge the Sovereign shall tender to the Company the One Thousand One Hundred Seventy-one and seventy-nine one-hundredths Fifty (1,171.79150) shares of Series I L Preferred Stock which Southridge received from BreckenridgeStock, and in exchange (the "“Exchange"”), Southridge Sovereign shall receive One Thousand Four Hundred Fifty-two Fifty (1,452150) shares of Series J M Preferred Stock. The Shares issued pursuant to this Agreement shall have the respective rights, preferences and privileges set forth in Exhibit A (the "“Certificate of Designation"”). (b) The closing of the Exchange of the Shares (the "“Closing"”) shall take place at the offices of Durham J▇▇▇▇▇ & P▇▇▇▇▇▇▇, P.C., 1▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇ ▇▇▇▇ ▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇. The date of the Closing shall be the date on which Southridge tenders Sovereign tender the shares of Series I L Preferred Stock and receives in return the shares of Series M Preferred Stock pursuant to this Agreement, and is hereinafter referred to as the "“Closing Date."” (c) At the Closing the parties shall deliver the following: (i) The Company shall deliver or cause to be delivereddelivered stock certificates representing One Hundred Fifty (150) shares of Series M Preferred Stock to ▇▇▇▇▇▇▇▇▇, as designated below: (A) Stock certificates representing One Thousand Four Hundred Fifty-one and seventy-nine one-hundredths (1,451.79) Shares of Series J Preferred Stock, registered according 75 shares to instructions to be provided by Southridge at or before the ClosingPartners LP; and (B) a Legal Opinion addressed 75 shares to SouthridgeTrillium Partners LP. (ii) Southridge Sovereign shall deliver or cause to be delivered: (A) Stock delivered stock certificates representing the One Thousand One Hundred Seventy-one and seventy-nine one-hundredths Fifty (1,171.79150) shares of Series I L Preferred Stock which Southridge obtained from BreckenridgeStock. (iii) Each party hereto shall deliver or cause to be delivered all other executed instruments, agreements and certificates as are required to be delivered by or on their behalf at the Closing.

Exchange of Shares Closing. (a) Subject to the terms and conditions set forth below, Southridge shall tender to the Company the One Thousand One Hundred SeventyNinety-one and seventy-nine one-hundredths three (1,171.791,093) shares of Series I J Preferred Stock which Southridge received from BreckenridgeStock, and in exchange (the "“Exchange"”), Southridge shall receive One Thousand Four Hundred FiftyNinety-two three (1,4521,093) shares of Series J K Preferred Stock. The Shares issued pursuant to this Agreement shall have the respective rights, preferences and privileges set forth in Exhibit A (the "“Certificate of Designation"”). (b) The closing of the Exchange of the Shares (the "“Closing"”) shall take place at the offices of Durham J▇▇▇▇▇ & P▇▇▇▇▇▇▇, P.C., 1▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇ ▇▇▇▇ ▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇. The date of the Closing shall be the date on which Southridge tenders the shares of Series I J Preferred Stock and receives in return the shares of Series K Preferred Stock pursuant to this Agreement, and is hereinafter referred to as the "“Closing Date."” (c) At the Closing the parties shall deliver the following: (i) The Company shall deliver or cause to be delivered: (A) Stock certificates representing One Thousand Four Hundred FiftyNinety-one and seventy-nine one-hundredths three (1,451.791,093) Shares of Series J K Preferred Stock, registered according to instructions to be provided by Southridge at or before the Closing; and (B) a Legal Opinion addressed to Southridge. (ii) Southridge shall deliver or cause to be delivered: (A) Stock certificates representing the One Thousand One Hundred SeventyNinety-one and seventy-nine one-hundredths three (1,171.791,093) shares of Series I K Preferred Stock which Southridge obtained from BreckenridgeStock. (iii) Each party hereto shall deliver or cause to be delivered all other executed instruments, agreements and certificates as are required to be delivered by or on their behalf at the Closing.

Exchange of Shares Closing. (a) Subject to the terms and conditions set forth below, Southridge the Purchasers shall tender to the Company the One Thousand One Hundred Seventy-one and seventy-nine one-hundredths (1,171.79) shares of Series I Preferred Stock which Southridge received from Breckenridgedocumentation set forth in Appendix A below, and in exchange (the "“Exchange"”), Southridge the Purchasers shall receive One Thousand Four Hundred Fifty-two (1,452) that number of shares of Series J P Preferred StockStock set forth in Appendix A below. The Shares issued pursuant to this Agreement shall have the respective rights, preferences and privileges set forth in Exhibit A Appendix B (the "“Certificate of Designation"”). (b) The closing of the Exchange of the Shares (the "“Closing"”) shall take place at the offices of Durham J▇▇▇▇▇ & P▇▇▇▇▇▇▇, P.C., 1▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇ ▇▇▇▇ ▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇. The date of the Closing for each Purchaser shall be the date on which Southridge such Purchaser tenders to the shares of Series I Preferred Stock Company the documentation set forth in Appendix A below and receives in return the shares of Series P Preferred Stock pursuant to this Agreement, and is hereinafter referred to as the "“Closing Date."” (c) At the Closing the parties shall deliver the following: (i) The Company shall deliver or cause to be delivered: (A) Stock certificates representing One Thousand Four Hundred Fifty-one and seventy-nine one-hundredths (1,451.79) the number of Shares of Series J P Preferred StockStock as set forth below in Appendix A, registered according to instructions to be provided by Southridge the Purchasers at or before the Closing; and (B) a Legal Opinion addressed to Southridge. (ii) Southridge Each Purchaser shall deliver or cause to be delivered: (A) Stock certificates representing the One Thousand One Hundred Seventy-one and seventy-nine one-hundredths The documentation (1,171.79i.e. original promissory note, debenture, preferred stock certificate, or other documentation) shares of Series I Preferred Stock which Southridge obtained from Breckenridgeas set forth in Appendix A below. (iii) Each party hereto shall deliver or cause to be delivered all other executed instruments, agreements and certificates as are required to be delivered by or on their behalf at the Closing.