Common use of The Additional Closing Date Clause in Contracts

The Additional Closing Date. The date and time of the Additional --------------------------- Closing (the "Additional Closing Date") shall be 10:00 a.m. Central time, on the date which is 25 days after the first anniversary of the Initial Closing Date, subject to satisfaction (or waiver) of the conditions to the Additional Closing set forth in Sections 6(b) and 7(b) and the conditions contained in this Section 1(c) (or such later date as is mutually agreed to by the Company and the Buyers). At any time during the period beginning on and including the date which is one year after the Initial Closing Date and ending on and including the date which is 20 days after the first anniversary of the Initial Closing Date, but subject to the requirements of Sections 6(b) and 7(b) and the conditions contained in this Section 1(c); each Buyer may purchase, at such Buyer's option, Additional Preferred Shares by delivering written notice to the Company (a "Additional Share Notice") at least five Business Days (the "Additional Share Notice Date") prior to the Additional Closing Date. The Additional Share Notice shall set forth (i) the number of Additional Preferred Shares such Buyer will purchase (which number shall not exceed the sum of (a) the number of Preferred Shares held by such Buyer on the date which is one year after the Initial Closing Date and (b) the number of Preferred Shares converted by such Buyer before the date which is one year after the Initial Closing Date at a Conversion Price equal to the Fixed Conversion Price of such Preferred Shares as in effect on the date of conversion) along with the related Warrants and (ii) the aggregate Purchase Price for the Additional Preferred Shares. A Buyer shall only be allowed to deliver an Additional Share Notice on a day on which the Closing Bid Price (as defined in the Certificate of Designations) of the Common Stock is greater than the Fixed Conversion Price of the Initial Preferred Shares in effect on such date. The Additional Closing shall occur on the Additional Closing Date at the offices of ▇▇▇▇▇▇ ▇▇▇▇▇▇ & ▇▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇. (The Initial Closing Date and the Additional Closing Dates collectively are referred to in this Agreement as the "Closing Dates").

The Additional Closing Date. The date and time of the each --------------------------- Additional --------------------------- Closing (the an "Additional Closing Date") shall be 10:00 a.m. Central time, on the date which is 25 days after specified in the first anniversary of the Initial Closing DateAdditional Share Notice (as defined below), subject to satisfaction (or waiver) of the conditions to the each Additional Closing set forth in Sections 6(b) and 7(b) and the conditions contained in this Section 1(c) (or such later date as is mutually agreed to by the Company and the Buyerseach Buyer purchasing Preferred Shares at such Closing). At any time during the period beginning on and including the date which is one year after the Initial Closing Call Trigger Date and ending on and including the date which is 20 days two (2) years after the first anniversary of the Initial Closing Call Trigger Date, but subject to the requirements of Sections 6(b) and 7(b) and the conditions contained in this Section 1(c); each Buyer may purchase, at such Buyer's option, Additional Preferred Shares and the related Additional Warrants by delivering written notice to the Company (a "Additional Share Notice") at least five Business Days (the "Additional Share Notice Date") prior to the Additional Closing DateDate set forth in the Additional Share Notice. The Additional Share Notice shall set forth (i) the number of Additional Preferred Shares along with the related Additional Warrants such Buyer will purchase (at such Additional Closing which number shall not exceed the sum such Buyer's pro rata portion of 5,000 Additional Preferred Shares (a) based on the number of Initial Preferred Shares held by such each Buyer on purchased in relation to the date which is one year after the Initial Closing Date and (b) the total number of Initial Preferred Shares converted by such Buyer before the date which is one year after the Initial Closing Date at a Conversion Price equal to the Fixed Conversion Price of such Preferred Shares as in effect on the date of conversion) along with the related Warrants and issued), (ii) the aggregate Purchase Price for the Additional Preferred SharesShares and the related Additional Warrants to be purchased and (iii) the Additional Closing Date. A Buyer "Call Trigger Date" shall only be allowed mean the earlier of (I) the earlier of (A) the date the Company files its Form 10-Q for the three months ended June 30, 2000, if such Form 10-Q does not disclose that on or before August 1, 2000 the Company obtained a new credit facility with a bank providing immediately available funds of at least $5,000,000 on commercially reasonable terms (the "Credit Facility"), (B) August 14, 2000, if the Company fails to deliver an Additional Share Notice file its Form 10-Q for the three months ended June 30, 2000 on a day on which or before August 14, 2000, unless the Closing Bid Price Company has Publicly Disclosed (as defined below) prior to August 14, 2000 that on or before August 1, 2000 the Company obtained the Credit Facility, (II) any date subsequent to (y) the date the Company files its Form 10-Q for the three months ended June 30, 2000 or (z) August 14, 2000, if the Company fails to file such Form 10-Q on or before August 14, 2000, in the Certificate of Designations) of the Common Stock is greater than the Fixed Conversion Price of the Initial Preferred Shares in effect on such date. The Additional Closing shall occur on the Additional Closing Date at the offices of ▇▇▇▇▇▇ ▇▇▇▇▇▇ & ▇▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇. (The Initial Closing Date and the Additional Closing Dates collectively are referred to in this Agreement as the "Closing Dates").which the