Common use of Subsequent Closing Deliveries Clause in Contracts

Subsequent Closing Deliveries. (a) On or prior to any Subsequent Closing, the Company shall deliver or cause to be delivered to the Escrow Agent the following: (i) this Agreement duly executed by the Company; (ii) a Note in the principal amount equal to such Purchaser’s Subsequent Closing Subscription Amount registered in the name of such Purchaser. The maturity date on the Notes issued on any Subsequent Closing will be identical to the maturity date of the Notes issued on the Initial Closing Date; and (iii) Warrants registered in the names of such Purchaser with an aggregate exercise price equal to one hundred percent (100%) of such Purchaser’s Subscription Amount, subject to adjustment as provided therein; and (iv) the Security Agreement executed by the Company and, if applicable, its Subsidiaries. (b) On or prior to the Subsequent Closing Date, each Purchaser shall deliver or cause to be delivered to the Escrow Agent, the following: (i) this Agreement dub, executed by such Purchaser; (ii) the Security Agreement executed by the Purchaser; (iii) the Subsequent Closing Escrow Agreement duly executed by such Purchaser; and (iv) to Escrow Agent, such Purchaser’s Subscription Amount by wire transfer to the account specified in the Subsequent Closing Escrow Agreement.

Subsequent Closing Deliveries. (a) On or prior to any Subsequent Closing, the Company shall deliver or cause to be delivered to the Escrow Agent the following: (i) this Agreement duly executed by the Company; (ii) a Note in the principal amount equal to such Purchaser’s Subsequent Closing Subscription Amount registered in the name of such Purchaser. The maturity date on the Notes issued on any Subsequent Closing will be identical to the maturity date of the Notes issued on the Initial initial Closing Date; and (iii) Warrants registered in the names of such Purchaser with an aggregate exercise price equal to one hundred fifty percent (10050%) of such Purchaser’s Subscription Amount, subject to adjustment as provided therein; and (iv) the Security Agreement executed by the Company and, if applicable, its Subsidiaries. (b) On or prior to the Subsequent Closing Date, each Purchaser shall deliver c▇▇▇▇▇▇ or cause to be delivered to the Escrow Agent, the following: (i) this Agreement dub, duly executed by such Purchaser; (ii) the Security Agreement executed by the Purchaser;, (iii) the Subsequent Closing Escrow Agreement duly executed by such Purchaser; and (iv) to Escrow Agent, such Purchaser’s Subscription Amount by wire transfer to the account specified in the Subsequent Closing Escrow Agreement.

Subsequent Closing Deliveries. (a) On or prior to any the Subsequent ClosingClosing Date, the Company shall deliver or cause to be delivered to the Escrow Agent the following: (i) this Agreement duly executed by bring down legal opinion of Company Counsel to the Companylegal opinion delivered at the Initial Closing; (ii) a Note in the principal amount certificate evidencing a number of Shares equal to such Purchaser’s Subsequent Closing Subscription Amount divided by the Per Share Purchase Price, registered in the name of such Purchaser. The maturity date on the Notes issued on any Subsequent Closing will be identical to the maturity date of the Notes issued on the Initial Closing Date; and (iii) Warrants registered in the names name of such Purchaser with an aggregate exercise price to purchase up to a number of shares of Common Stock equal to one hundred percent (100%) of such Purchaser’s Subscription AmountShares acquired pursuant to the Exercise Notice, with an initial exercise price equal to the then in effect Exercise Price of the Warrants delivered at the Initial Closing, subject to adjustment as provided therein; and (iv) the Security Agreement executed by the Company and, if applicable, its Subsidiaries. (b) On or prior to the Subsequent Closing Date, each Purchaser shall deliver or cause to be delivered to the Escrow Agent, the following: (i) this Agreement dub, executed by such Purchaser; (ii) the Security Agreement executed by the Purchaser; (iii) the Subsequent Closing Escrow Agreement duly executed by such Purchaser; and (ivii) to Escrow Agent, such Purchaser’s Subscription Amount by wire transfer to the account specified in the Subsequent Closing Escrow Agreement.

Subsequent Closing Deliveries. (a) On or prior to any the Subsequent ClosingClosing Date, the Company shall deliver or cause to be delivered to the Escrow Agent the following: (i) this Agreement duly executed by bring down legal opinions of Company Counsels to the Companylegal opinions delivered at the Initial Closing; (ii) a Note in the principal amount certificate evidencing a number of Shares equal to such Purchaser’s Subsequent Closing Subscription Amount divided by the Per Share Purchase Price, registered in the name of such Purchaser. The maturity date on the Notes issued on any Subsequent Closing will be identical to the maturity date of the Notes issued on the Initial Closing Date; and (iii) Warrants registered in the names name of such Purchaser with an aggregate exercise price to purchase up to a number of shares of Common Stock equal to one hundred percent (100%) of such Purchaser’s Subscription AmountShares acquired pursuant to the Exercise Notice, with an initial exercise price equal to the then in effect Exercise Price of the Warrants delivered at the Initial Closing, subject to adjustment as provided therein; and (iv) the Security Agreement executed by the Company and, if applicable, its Subsidiaries. (b) On or prior to the Subsequent Closing Date, each Purchaser shall deliver or cause to be delivered to the Escrow Agent, the following: (i) this Agreement dub, executed by such Purchaser; (ii) the Security Agreement executed by the Purchaser; (iii) the Subsequent Closing Escrow Agreement duly executed by such Purchaser; and (ivii) to Escrow Agent, such Purchaser’s Subscription Amount by wire transfer to the account specified in the Subsequent Closing Escrow Agreement.

Subsequent Closing Deliveries. (a) On or prior to any Subsequent Closingsubsequent Closing Date, the Company shall deliver or cause to be delivered to the Escrow Agent the following: (i) this Agreement duly executed by bring down legal opinions of Company Counsel to the Companylegal opinion delivered at the Closing; (ii) a Note in the principal amount certificate evidencing a number of shares of Preferred Stock equal to such Purchaser’s Subsequent subsequent Closing Subscription Amount divided by the Stated Value registered in the name of such Purchaser. The maturity date on the Notes issued on any Subsequent Closing will be identical to the maturity date of the Notes issued on the Initial Closing Date; and (iii) Warrants a Warrant registered in the names name of such Purchaser with an aggregate exercise price to purchase up to a number of shares of Common Stock equal to one hundred percent (100%) of such Purchaser’s subsequent Closing Subscription AmountAmount divided by the Conversion Price in effect on such subsequent Closing date with an exercise price equal to the then in effect Exercise Price of the Warrants delivered at the Closing, subject to adjustment as provided therein; and (iv) the Security Agreement executed by the Company and, if applicable, its Subsidiaries. (b) On or prior to the Subsequent subsequent Closing Date, each Purchaser shall deliver or cause to be delivered to the Escrow Agent, the following: (i) this Agreement dub, executed by such Purchaser; (ii) the Security Agreement executed by the Purchaser; (iii) the Subsequent subsequent Closing Escrow Agreement duly executed by such Purchaser; and (ivii) to Escrow Agent, such Purchaser’s subsequent Subscription Amount by wire transfer to the account specified in the Subsequent subsequent Closing Escrow Agreement.

Subsequent Closing Deliveries. (a) On or prior to any the Subsequent Closing, the Company shall deliver or cause to be delivered to the Escrow Agent the following: (i) this Agreement duly executed by the Companycurrent updated Schedules; (ii) a legal opinion of Company counsel, substantially in the form of Exhibit D attached hereto; (iii) a Note in the principal amount equal to such Purchaser’s Subsequent Closing Subscription Amount registered in the name of such Purchaser. The maturity date on the Notes issued on any Subsequent Closing will be identical to eighteen (18) months from the maturity date of the Notes issued on the Initial Subsequent Closing Date; and; (iiiiv) Warrants registered in the names of such Purchaser to purchase up to a number of shares of Common Stock equal to 100% of such Purchaser’s Subscription Amount divided by the Conversion Price in effect on the Subsequent Closing Date with an aggregate exercise price equal to one hundred twenty percent (100120%) of such Purchaser’s Subscription Amountthe Conversion Price, subject to adjustment as provided therein; and (ivv) an Escrow Agreement similar to the Security Escrow Agreement employed in connection with the Initial Closing duly executed by the Company and, if applicable, its Subsidiariesand Escrow Agent (“Subsequent Closing Escrow Agreement”). (b) On or prior to the Subsequent Closing Date, each Purchaser shall deliver or cause to be delivered to the Escrow Agent, the following: (i) this Agreement dub, executed by such Purchaser; (ii) the Security Agreement executed by the Purchaser; (iii) the Subsequent Closing Escrow Agreement duly executed by such Purchaser; and (ivii) to Escrow Agent, such Purchaser’s Subscription Amount by wire transfer to the account specified in the Subsequent Closing Escrow Agreement.

Subsequent Closing Deliveries. (a) On or prior to any the Subsequent ClosingClosing Date, the Company shall deliver or cause to be delivered to the Escrow Agent the following: (i) this Agreement duly executed by bring down legal opinions of Company Counsel to the Companylegal opinion delivered at the Initial Closing; (ii) a bring down officers’ certificate of the Company as to the obligations set forth in Section 2.6(b); (iii) an Additional Note in the principal amount equal to such Purchaser’s Subsequent Closing Subscription Amount registered in the name of such Purchaser. The maturity date on Purchaser with the Notes issued on any Subsequent Closing will be identical Conversion Price therein equal to the maturity date of Conversion Price then in effect with respect to the Notes issued on the Initial Closing Date; and (iiiiv) Warrants a Warrant registered in the names name of such Purchaser to purchase up to a number of shares of Common Stock equal to such Purchaser’s Subsequent Closing Subscription Amount divided by the Conversion Price in effect on such Subsequent Closing Date with an aggregate exercise price equal to one hundred percent (100%) the then in effect Exercise Price of such Purchaser’s Subscription Amountthe Warrants with the lower Exercise Price delivered at the Initial Closing, subject to adjustment as provided therein; and (iv) the Security Agreement executed by the Company and, if applicable, its Subsidiaries. (b) On or prior to the Subsequent Closing Date, each Purchaser shall deliver or cause to be delivered to the Escrow Agent, the following: (i) this Agreement dub, executed by such Purchaser; (ii) the Security Agreement executed by the Purchaser; (iii) the Subsequent Closing Escrow Agreement duly executed by such Purchaser; and (ivii) to Escrow Agent, such Purchaser’s Subscription Amount by wire transfer to the account specified in the Subsequent Closing Escrow Agreement.

Subsequent Closing Deliveries. (a) On or prior to any the Subsequent ClosingClosing Date, the Company shall deliver or cause to be delivered to the Escrow Agent the following: (i) this Agreement duly executed by bring down legal opinions of Company Counsel to the Companylegal opinion delivered at the Initial Closing; (ii) a Note in the principal amount certificate evidencing a number of shares of Preferred Stock equal to such Purchaser’s Subsequent Closing Subscription Amount divided by the Stated Value registered in the name of such Purchaser. The maturity date on the Notes issued on any Subsequent Closing will be identical to the maturity date of the Notes issued on the Initial Closing Date; and (iii) Warrants a Warrant registered in the names name of such Purchaser to purchase up to a number of shares of Common Stock equal to 100% of such Purchaser’s Subsequent Closing Subscription Amount divided by the Conversion Price in effect on such Subsequent Closing Date with an aggregate exercise price equal to one hundred percent (100%) the then in effect Exercise Price of such Purchaser’s Subscription Amountthe Warrants with the lower Exercise Price delivered at the Initial Closing, subject to adjustment as provided therein; and (iv) the Security Agreement executed by the Company and, if applicable, its Subsidiaries. (b) On or prior to the Subsequent Closing Date, each Purchaser shall deliver or cause to be delivered to the Escrow Agent, the following: (i) this Agreement dub, executed by such Purchaser; (ii) the Security Agreement executed by the Purchaser; (iii) the Subsequent Closing Escrow Agreement duly executed by such Purchaser; and (ivii) to Escrow Agent, such Purchaser’s Subscription Amount by wire transfer to the account specified in the Subsequent Closing Escrow Agreement.