Common use of Closing; Delivery Clause in Contracts

Closing; Delivery. (a) The purchase and sale of the Initial Shares shall take place remotely via the exchange of documents and signatures, at 12:00 p.m., on October 22, 2007, or at such other time and place as the Company and the Purchasers mutually agree upon, orally or in writing (which time and place are designated as the “First Closing”). In the event there is more than one closing, the term “Closing” shall apply to each such closing unless otherwise specified. (b) At each Closing, the Company shall deliver to each Purchaser a certificate representing the Shares being purchased by such Purchaser at such Closing against payment of the purchase price therefor by check payable to the Company by wire transfer to a bank account designated by the Company, or by any combination of such methods.

Closing; Delivery. (a) The initial purchase and sale of the Initial Shares shall take place remotely via the exchange of documents and signatures, at 12:00 p.m., on October 22, 2007, or at such other time and place as the Company and the Purchasers mutually agree upon, orally or in writing (which time and place are designated as the “First Initial Closing”). In the event there is more than one closing, the term “Closing” shall apply to each such closing unless otherwise specified. (b) At each Closing, the Company shall deliver to each Purchaser a certificate representing the Shares being purchased by such Purchaser at such Closing against payment of the purchase price therefor by check payable to the Company Company, by wire transfer to a bank account designated by the Company, by cancellation or conversion of indebtedness of the Company to Purchaser, including interest, or by any combination of such methods.

Closing; Delivery. (a) The purchase and sale of the Initial Shares shall take place remotely via the exchange of documents and signatures, at 12:00 p.m.10:00 a.m. EST, on October 22March 11, 20072009, or, if approval by the Company’s shareholders of the Restated Certificate and issuance of the Shares has not been obtained by then, at 10:00 a.m. EST on the first U.S. business day commencing after such approval is obtained, or at such other time and place as the Company and the Purchasers mutually agree upon, orally or in writing (which time and place are designated as the “First Closing”). In the event there is more than one closing, the term “Closing” shall apply to each such closing unless otherwise specified. (b) At each the Closing, the Company shall deliver to each Purchaser a certificate representing the Shares being purchased by such Purchaser at such the Closing against payment of the purchase price therefor by check payable to the Company by wire transfer to a bank account designated by the Company, or by any combination of such methods.

Closing; Delivery. (a) The initial purchase and sale of the Initial Shares shall take place remotely via the exchange of documents and signatures, at 12:00 p.m.10:00 a.m., on October 22April, 20072014, or at such other time and place as the Company and the Purchasers mutually agree upon, orally or in writing (which time and place are designated as the “First Initial Closing”). In the event there is more than one closing, the term “Closing” shall apply to each such closing unless otherwise specified. (b) At each Closing, the Company shall deliver to each Purchaser a certificate representing the Shares being purchased by such Purchaser at such Closing against payment of the purchase price therefor by check payable to the Company Company, by wire transfer to a bank account designated by the Company, by cancellation or conversion of indebtedness of the Company to Purchaser, including interest, or by any combination of such methods.

Closing; Delivery. (a) The initial purchase and sale of the Initial Shares shall take place remotely via the exchange of documents and signatures, at 12:00 p.m.on or about 1 p.m. PST, on October 22August 29, 20072019, or at such other time and place as the Company and the Purchasers Purchaser mutually agree upon, orally or in writing (which time and place are designated as the “First Initial Closing” and together with any Milestone Closing (as defined in Section 1.3(b) below), each a “Closing”). In the event there is more than one closing, the term “Closing” shall apply to each such closing unless otherwise specified. (b) At each Closing, the Company shall deliver to each the Purchaser a certificate representing the Shares being purchased by such the Purchaser at such Closing against payment of the purchase price therefor by check payable to the Company by wire transfer to a bank account designated by the Company, or by any combination of such methods.

Closing; Delivery. (a) The initial purchase and sale of the Initial Shares shall take place remotely via the exchange of documents and signatures, at 12:00 2:00 p.m., MT, on October 22, 2007the date hereof, or at such other time and place as the Company and the Purchasers mutually agree upon, orally or in writing (which time and place are designated as the “First Initial Closing”). In the event there is more than one closing, the term “Closing” shall apply to each such closing unless otherwise specified. (b) At each Closing, the Company shall deliver to each Purchaser a certificate representing the Shares being purchased by such Purchaser at such Closing against payment of the purchase price therefor by check payable to the Company or by wire transfer to a bank account designated by the Company, or by any combination of such methods.

Closing; Delivery. (a) The initial purchase and sale of the Initial Shares shall take place remotely remotely, via the exchange of documents and signatures, at 12:00 p.m.on July 13, on October 22, 20072017, or at such other time and place as the Company and the Purchasers mutually agree uponagree, orally or in writing (which time and place are designated as the “First Initial Closing”). In the event If there is more than one closing, the term “Closing” shall apply to each such closing unless otherwise specified. (b) At each Closing, the Company shall deliver to each Purchaser a certificate representing the Shares being purchased by such Purchaser at such Closing against payment of the purchase price therefor by check payable to the Company Company, by wire transfer to a bank account designated by the Company, by cancellation or conversion of indebtedness of the Company to Purchaser, or by any combination of such methods.

Closing; Delivery. (a) The initial purchase and sale of the Initial Shares shall take place remotely via the exchange of documents and signatures, at 12:00 p.m.10:00 a.m. on July 6, on October 22, 20072011, or at such other time and place as the Company and the Purchasers initial Purchaser mutually agree upon, orally or in writing (which time and place are designated as the “First Initial Closing”). In the event there is more than one closing, the term “Closing” shall apply to each such closing unless otherwise specified. (b) At each Closing, the Company shall deliver to each Purchaser a certificate representing the Shares being purchased by such Purchaser at such Closing against payment of the purchase price therefor by check payable to the Company Company, by wire transfer to a bank account designated by the Company, by cancellation or conversion of indebtedness of the Company to Purchaser, or by any combination of such methods.

Closing; Delivery. (a) The initial purchase and sale of the Initial Shares shall take place remotely via the exchange of documents and signatures, at 12:00 p.m.8:30 a.m., on October 22August 31, 20072021, or at such other time and place as the Company and the Purchasers mutually agree upon, orally or in writing (which time and place are designated as the “First Initial Closing”). In the event there is more than one closing, the term “Closing” shall apply to each such closing unless otherwise specified. (b) At each Closing, the Company shall deliver to each Purchaser a certificate representing the Shares being purchased by such Purchaser at such Closing against payment of the purchase price therefor by check payable to the Company by wire transfer to a bank account designated by the Company, or by any combination of such methods.

Closing; Delivery. (a) The initial purchase and sale of the Initial Shares pursuant to Section 1.1(b) shall take place remotely via the exchange of documents and signatures, at 12:00 p.m.10:00 a.m. Central Time, on October 22April 25, 20072008, or at such other time and place as the Company and the Purchasers mutually agree upon, orally or in writing (which time and place are designated as the “First Initial Closing”). In the event there is more than one closingclosing prior to September 1, 2008, the term “Closing” shall apply to each such closing unless otherwise specified. (b) At each Closing, the Company shall deliver to each Purchaser a certificate representing the Shares being purchased by such Purchaser at such Closing against payment of the purchase price therefor by check payable to the Company Company, by wire transfer to a bank account designated by the Company, Company or by any combination of such methods.

Closing; Delivery. (a) The initial purchase and sale of the Initial Shares shall take place remotely via the exchange of documents and signatures, at 12:00 p.m.10:00 a.m., on October 22July 23, 20072008, or at such other time and place as the Company and the Purchasers Initial Purchaser mutually agree upon, orally or in writing (which time and place are designated as the “First Initial Closing”). In the event there is more than one closing, the The term “Closing” shall apply to each such closing the Initial Closing and the Subsequent Closing unless otherwise specified. (b) At each Closing, the Company shall deliver to each Purchaser a certificate representing the Shares being purchased by such Purchaser at such Closing against payment of the purchase price therefor by check payable to the Company or by wire transfer to a bank account designated by the Company, or by any combination of such methods.

Closing; Delivery. (a) The initial purchase and sale of the Initial Shares shall take place remotely via the exchange of documents and signatures, at 12:00 p.m.10:00 a.m., on October 22March 10, 20072023, or at such other time and place as the Company and the Purchasers mutually agree upon, orally or in writing (which time and place are designated as the “First Initial Closing”). In the event there is more than one closing, the term “Closing” shall apply to each such closing unless otherwise specified. (b) At each Closing, the Company shall deliver to each Purchaser a certificate representing the Shares being purchased by such Purchaser at such Closing Closing, against payment of the purchase price therefor by check payable to the Company Company, by wire transfer to a bank account designated by the Company, by cancellation or conversion of indebtedness or other convertible securities of the Company to Purchaser, or by any combination of such methods.

Closing; Delivery. (a) The initial purchase and sale of the Initial Shares shall take place remotely via the exchange of documents and signatures, at 12:00 p.m.10:00 a.m on July 26, on October 22, 2007, 2012 or at such other time and place as the Company and the Purchasers mutually agree upon, orally or in writing (which time and place are designated as the “First Initial Closing”). Closing may be via electronic transmission of signatures. In the event there is more than one closing, the term “Closing” shall apply to each such closing unless otherwise specified. (b) At each Closing, the Company shall deliver to each Purchaser a certificate representing the Shares being purchased by such Purchaser at such Closing against payment of the purchase price therefor by check payable to the Company or by wire transfer to a bank account designated by the Company, or by any combination of such methods.

Closing; Delivery. (a) The initial purchase and sale of the Initial Shares shall take place remotely via the exchange of documents and signatures, at 12:00 p.m.9 a.m. PST, on October 22June 1, 20072022, or at such other time and place as the Company and the Purchasers mutually agree upon, orally or in writing (which time and place are designated as the “First Initial Closing”). In the event there is more than one closing, the term “Closing” shall apply to each such closing unless otherwise specified. (b) At each Closing, the Company shall deliver to each Purchaser a an electronic certificate representing the Shares being purchased by such Purchaser at such Closing against payment of the purchase price therefor by check payable to the Company by wire transfer to a bank account designated by the Company, or by any combination of such methods.

Closing; Delivery. (a) The initial purchase and sale of the Initial Shares shall take place remotely via the exchange of documents and signatures, at 12:00 2:00 p.m., on October 22January 9, 20072020, or at such other time and place as the Company Corporation and the Purchasers mutually agree upon, orally or in writing (which time and place are designated as the “First "Initial Closing”"). In the event If there is more than one closing, the term “"Closing” shall apply " applies to each such closing unless otherwise specified. (b) At each Closing, the Company Corporation shall deliver to each Purchaser a certificate representing the Shares being purchased by such Purchaser at such Closing against payment of the purchase price therefor by check payable to the Company by wire transfer to a bank account designated by the Company, or by any combination of such methodsCorporation.

Closing; Delivery. (a) The purchase and sale of the Initial Shares shall take place remotely via the exchange of documents and signatures, at 12:00 p.m.10:00 a.m., on October 22January , 20072010, or at such other time and place as the Company and the Purchasers mutually agree upon, orally or in writing (which time and place are designated as the “First Initial Closing”). In the event there is more than one closing, the term “Closing” shall apply to each such closing unless otherwise specified. (b) At each Closing, the Company shall deliver to each Purchaser a certificate representing the Shares being purchased by such Purchaser at such Closing against payment of the purchase price therefor by check payable to the Company Company, by wire transfer to a bank account designated by the Company, by cancellation or conversion of indebtedness of the Company to Purchaser, or by any combination of such methods.

Closing; Delivery. (a) The initial purchase and sale of the Initial Shares shall take place remotely via the exchange of documents and signatures, at 12:00 p.m.10:00 a.m.., on October 22November 8, 20072022, or at such other time and place as the Company and the Purchasers mutually agree upon, orally or in writing (which time and place are designated as the “First Initial Closing”). In the event there is more than one closing, the term “Closing” shall apply to each such closing unless otherwise specified. (b) At Within five (5) business days of each Closing, the Company shall deliver to each Purchaser a certificate representing the Shares being purchased by such Purchaser at such Closing against payment of the purchase price therefor by check payable to the Company or by wire transfer to a bank account designated by the Company. Provided, or by any combination however, the Company shall provide to each Purchaser a copy of such methodsthe executed certificate at Closing.

Closing; Delivery. (a) 1.2.1 The initial purchase and sale of the Initial Shares shall take place remotely via the exchange of documents and signatures, at 12:00 p.m.10:00 a.m., on October 22December 30, 20072008, or at such other time and place as the Company and the Purchasers mutually agree upon, orally or in writing (which time and place are designated as the “First "Initial Closing”"). In the event there is more than one closing, the term “"Closing” " shall apply to each such closing unless otherwise specified. (b) 1.2.2 At each Closing, the Company shall deliver to each Purchaser a certificate representing the Shares being purchased by such Purchaser at such Closing against payment of the purchase price therefor by check payable to the Company by wire transfer to a bank account designated by the Company, or by any combination of such methods.