Common use of The First Closing Clause in Contracts

The First Closing. The closing of the purchase and sale of the initial 10,000 Shares of Preferred Stock at an aggregate purchase price of $10,000,000 and Warrants for an aggregate of 2,500,000 shares of Common Stock (the "First Closing") shall take place at the offices of the Company, or by transmission by facsimile and overnight courier, immediately following the execution hereof or such later date or different location as the parties shall agree, but not prior to the date that the conditions set forth in Section 4.1 have been satisfied or waived by the appropriate party (the "First Closing Date"). At the First Closing: Each Purchaser shall deliver, as directed by the Company, its portion of the purchase price as set forth next to its name on Schedule I in United States dollars in immediately available funds to an account or accounts designated in writing by the Company; The Company shall deliver a Preferred Stock certificate(s) representing the number of shares of Preferred Stock purchased by each Purchaser as set forth next to such Purchaser's name on Schedule I, registered in the name of such Purchaser, each in form satisfactory to the Purchaser and issued pursuant to the Certificate of Designation with an initial Conversion Price (as defined therein) equal to $4.00; The Company shall deliver a Warrant(s), in the form of Exhibit B hereto and with the Exercise Price (as defined therein) equal to $4.00, representing the number of shares of Common Stock as set forth next to such Purchaser's name on the Schedule I, registered in the name of such Purchaser; and

The First Closing. The closing of the purchase and sale of the initial 10,000 5,000 Shares of Preferred Stock at an aggregate purchase price of $10,000,000 5,000,000 and Warrants for an aggregate of 2,500,000 205,000 shares of Common Stock (the "First Closing") shall take place at the offices of the CompanyAkin, or Gump, Strauss, Haue▇ & ▇eld, ▇.L.P., 590 ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇ by transmission by facsimile and overnight courier, immediately following the execution hereof or such later date or different location as the parties shall agree, but not prior to the date that the conditions set forth in Section 4.1 have been satisfied or waived by the appropriate party (the "First Closing Date"). At the First Closing: : (a) Each Purchaser shall deliver, as directed by the Company, its portion of the purchase price as set forth next to its name on Schedule I in United States dollars in immediately available funds to an account or accounts designated in writing by the Company; ; (b) The Company shall deliver a Preferred Stock certificate(s) representing the number of shares of Preferred Stock purchased by each Purchaser as set forth next to such Purchaser's name on Schedule I, registered in the name of such Purchaser, each in form satisfactory to the Purchaser and issued pursuant to the Certificate of Designation with an initial a Conversion Price (as defined therein) equal to $4.00; 11.86; (c) The Company shall deliver a Warrant(s), in the form of Exhibit B hereto and with the Exercise Price (as defined therein) equal to $4.00, 11.86 representing the number of shares of Common Stock as set forth next to such Purchaser's name on the Schedule I, registered in the name of such Purchaser; and (d) The parties shall execute and deliver each of the documents referred to in Section 4.1.

The First Closing. The closing of the purchase and sale of the initial 10,000 Shares $3,000,000 aggregate principal amount of Preferred Stock at an aggregate purchase price of $10,000,000 Debentures and Warrants for an aggregate of 2,500,000 766,773 shares of Common Stock (the "First Closing") shall take place at the offices of the CompanyAkin, or Gump, Strauss, Haue▇ & ▇eld, ▇.L.P., 590 ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇ by transmission by facsimile and and/or overnight courier, immediately following the execution hereof or such later date or different location as the parties shall agree, but not prior to the date that the conditions set forth in Section 4.1 have been satisfied or waived by the appropriate party (the "First Closing Date"). At the First Closing: : (i) Each Purchaser shall deliver, as directed by the Company, its portion of the purchase price as set forth next to its name on Schedule I in United States dollars in immediately available funds to an account or accounts designated in writing by the Company; ; (ii) The Company shall deliver a Preferred Stock certificate(s) Debenture, substantially in the form of Exhibit A hereto, representing the number of shares of Preferred Stock principal amount purchased by each Purchaser as set forth next to such Purchaser's name on Schedule I, registered in the name of such Purchaser, each in form satisfactory to the Purchaser I and issued pursuant to the Certificate of Designation with an initial a Conversion Price (as defined therein) equal to $4.00; 3.9125, registered in the name of such Purchaser; (iii) The Company shall deliver a Warrant(s), substantially in the form of Exhibit B hereto and with the Exercise Price (as defined therein) equal to $4.004.499375, representing the number of shares of Common Stock Warrant(s) being purchased by each Purchaser as set forth next to such Purchaser's name on the Schedule I, registered in the name of such Purchaser; and (iv) The parties shall execute and deliver each of the documents referred to in Section 4.1.

The First Closing. The closing of the purchase and sale of the initial 10,000 5,000 Shares of Preferred Stock at an aggregate purchase price of $10,000,000 5,000,000 and Warrants for an aggregate of 2,500,000 205,000 shares of Common Stock (the "First Closing") shall take place at the offices of the CompanyAkin, or Gump, Strauss, Haue▇ & ▇eld, ▇.L.P., 590 ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇ by transmission by facsimile and overnight courier, immediately following the execution hereof or such later date or different location as the parties shall agree, but not prior to the date that the conditions set forth in Section 4.1 have been satisfied or waived by the appropriate party (the "First Closing Date"). At the First Closing: : (i) Each Purchaser shall deliver, as directed by the Company, its portion of the purchase price as set forth next to its name on Schedule I in United States dollars in immediately available funds to an account or accounts designated in writing by the Company; ; (ii) The Company shall deliver a Preferred Stock certificate(s) representing the number of shares of Preferred Stock purchased by each Purchaser as set forth next to such Purchaser's name on Schedule I, registered in the name of such Purchaser, each in form satisfactory to the Purchaser and issued pursuant to the Certificate of Designation with an initial a Conversion Price (as defined therein) equal to $4.00; 11.86; (iii) The Company shall deliver a Warrant(s), in the form of Exhibit B hereto and with the Exercise Price (as defined therein) equal to $4.00, 11.86 representing the number of shares of Common Stock as set forth next to such Purchaser's name on the Schedule I, registered in the name of such Purchaser; and (iv) The parties shall execute and deliver each of the documents referred to in Section 4.1.