Common use of Subsequent Sales of Notes and Warrants Clause in Contracts

Subsequent Sales of Notes and Warrants. At any time on or before the 30th day following the Closing Date, the Company may sell up to the balance of the total offering of $400,400, consisting of $400,000 aggregate principal amount of the Notes and Warrants to purchase up to an aggregate of 400,000 shares of Common Stock not sold at the Closing to such persons (the “Additional Purchasers”) as may be approved by the Board of Directors of the Company. The Company may also make subsequent sales of the Notes and Warrants up to the balance of the total offering of an aggregate principal amount of $400,400 of the Notes and Warrants at such later time as may be approved by the Board of Directors of the Company and the Required Purchasers. All such sales made at any additional closings (each an “Additional Closing”), (a) shall be made on the terms and conditions set forth in this Agreement (b) the representations and warranties of the Company set forth in Article 5 shall speak as of the Closing and the Company shall have no obligation to update any such disclosure, and (c) the representations and warranties of the Additional Purchasers in Article 6 hereof shall speak as of such Additional Closing. This Agreement may be amended by the Company without the consent of the Purchasers to revise Annex A to include information relating to Additional Purchasers. Any Notes and Warrants sold pursuant to this Section 2.4 shall be deemed to be “Notes” and “Warrants” for all purposes under this Agreement, and any Additional Purchasers thereof shall be deemed to be “Purchasers” for all purposes under this Agreement.

Subsequent Sales of Notes and Warrants. At any time on or before the 30th day following the Closing Date, the Company may sell up to the balance of the total offering of $400,400500,500, consisting of $400,000 500,000 aggregate principal amount of the Notes and Warrants to purchase up to an aggregate of 400,000 500,000 shares of Common Stock not sold at the Closing to such persons (the “Additional Purchasers”) as may be approved by the Board of Directors of the Company. The Company may also make subsequent sales of the Notes and Warrants up to the balance of the total offering of an aggregate principal amount of $400,400 500,500 of the Notes and Warrants at such later time as may be approved by the Board of Directors of the Company and the Required Purchasers. All such sales made at any additional closings (each an “Additional Closing”), (a) shall be made on the terms and conditions set forth in this Agreement (b) the representations and warranties of the Company set forth in Article 5 shall speak as of the Closing and the Company shall have no obligation to update any such disclosure, and (c) the representations and warranties of the Additional Purchasers in Article 6 hereof shall speak as of such Additional Closing. This Agreement may be amended by the Company without the consent of the Purchasers to revise Annex A to include information relating to Additional Purchasers. Any Notes and Warrants sold pursuant to this Section 2.4 shall be deemed to be “Notes” and “Warrants” for all purposes under this Agreement, and any Additional Purchasers thereof shall be deemed to be “Purchasers” for all purposes under this Agreement.