Common use of Delivery of the Shares at Closing Clause in Contracts

Delivery of the Shares at Closing. The completion of the purchase and sale of the Shares (the “Closing”) shall occur on March 30, 2007 at 10:00 a.m. (Eastern Time) or at such later date and time as the parties hereto may agree upon (such date and time of payment being herein called the “Closing Time”), at the offices of the Placement Agent’s counsel. At the Closing, the Fund shall deliver to each Investor, using customary book-entry procedures, the number of Shares set forth on Schedule I to this Agreement, and each Investor shall deliver to the Fund or as otherwise directed by the Placement Agent a certified or official bank check or wire transfer of funds in the full amount of the aggregate purchase price for the Shares being purchased hereunder as set forth opposite such Investor’s name on Schedule I hereto to a bank account designated by the Fund. The Fund’s obligation to issue and sell the Shares to each Investor shall be subject to the following conditions, any one or more of which may be waived by the Fund: (a) receipt by the Fund of a certified or official bank check or wire transfer of funds in the full amount of the purchase price for the Shares being purchased; (b) completion of the purchases and sales of Shares under the Agreements that may be executed with the Other Investors; and (c) the accuracy of the representations and warranties made by each Investor and the fulfillment of those undertakings of each Investor to be fulfilled prior to the Closing. Each Investor’s obligation to purchase the Shares shall be subject to the condition that the Placement Agent shall not have (a) terminated the Placement Agency Agreement dated as of March 27, 2007, between the Fund and the Placement Agent (the “Placement Agency Agreement”) pursuant to the terms thereof or (b) determined that the conditions to closing in the Placement Agency Agreement have not been satisfied.

Delivery of the Shares at Closing. The completion of the purchase and sale of the Shares (the “"Closing”") shall occur on March 30April 23, 2007 at 10:00 a.m. 2002 (Eastern Time) or at such later date and time as the parties hereto may agree upon (such date and time of payment being herein called the “"Closing Time”Date"), at the offices of the Placement Agent’s Company's counsel. At the Closing, the Fund Company shall deliver to each the Investor, physically or using customary book-entry procedures, the number of Shares set forth on Schedule I to this Agreementthe signature page hereto, and each the Investor shall deliver to the Fund or as otherwise directed by the Placement Agent a certified or official bank check or wire transfer of funds in the full amount of the aggregate purchase price for the Shares being purchased hereunder as set forth opposite such Investor’s name on Schedule I hereto to a bank account designated by the Fund. The Fund’s obligation to issue and sell the Shares to each Investor shall be subject to the following conditions, any one or more of which may be waived by the Fund: (a) receipt by the Fund of Company a certified or official bank check or wire transfer of funds in the full amount of the purchase price for the Shares being purchased; (b) completion purchased hereunder as set forth on the signature page hereto. The Company may accept or reject Purchase Agreements in its discretion. The Company's obligation to issue and sell the Shares to the Investor shall be subject to the following conditions, any one or more of the purchases and sales of Shares under the Agreements that which may be executed with waived by the Other Investors; and (c) Company: the accuracy of the representations and warranties made by each the Investor and the fulfillment of those undertakings of each the Investor to be fulfilled prior to the Closing. Each The Investor’s 's obligation to purchase the Shares shall be subject to the condition that Shoreline Pacific, LLC (the "Placement Agent Agent") shall not have (a) terminated the Placement Agency Agreement dated as of March 27April 18, 20072002, between the Fund Company and the Placement Agent (the “"Placement Agency Agreement”") pursuant to the terms thereof or (b) determined that the conditions to closing in the Placement Agency Agreement have not been satisfied.

Delivery of the Shares at Closing. The completion of the purchase and sale of the Shares (the “"Closing”") shall occur on March 30January 28, 2007 at 10:00 a.m. 2005 (Eastern Time) or at such later date and time as the parties hereto may agree upon (such date and time of payment being herein called the “"Closing Time”Date"), at the offices of the Placement Agent’s 's counsel. At the Closing, the Fund Company shall deliver to each Investor, using customary book-entry procedures, the number of Shares set forth on Schedule I to this Agreement, and each Investor shall deliver to the Fund Company or as otherwise directed by the Placement Agent Agents a certified or official bank check or wire transfer of funds in the full amount of the aggregate purchase price for the Shares being purchased hereunder hereunder, as set forth opposite such Investor’s 's name on Schedule I hereto hereto, to a bank trust account designated by with JPMorgan Chase Bank, as escrow agent (the Fund"Escrow Agent"). The Fund’s Company's obligation to issue and sell the Shares to each Investor shall be subject to the following conditions, any one or more of which may be waived by the FundCompany: (a) receipt by the Fund Escrow Agent of a certified or official bank check or wire transfer of funds in the full amount of the purchase price for the Shares being purchased; (b) completion of the purchases and sales of Shares under the Agreements that may be executed with the Other Investors; and (c) the accuracy of the representations and warranties made by each Investor and the fulfillment of those undertakings of each Investor to be fulfilled prior to the Closing. Each Investor’s 's obligation to purchase the Shares shall be subject to the condition that the Placement Agent Agents shall not have (a) terminated the Placement Agency Agreement dated as of March 27January 25, 20072005, between the Fund Company and the Placement Agent Agents (the “"Placement Agency Agreement”") pursuant to the terms thereof or (b) determined that the conditions to closing in the Placement Agency Agreement have not been satisfied.

Delivery of the Shares at Closing. The completion of the purchase and sale of the Shares (the “"Closing”") shall occur on March 30February , 2007 at 10:00 a.m. 2002 (Eastern Time) or at such later date and time as the parties hereto may agree upon (such date and time of payment being herein called the “"Closing Time”Date"), at the offices of the Placement Agent’s Company's counsel. At the Closing, the Fund Company shall deliver to each the Investor, using customary book-entry procedures, the number of Shares set forth on Schedule I to this Agreementthe signature page hereto, and each the Investor shall deliver to the Fund or as otherwise directed by the Placement Agent a certified or official bank check or wire transfer of funds (as defined in the full amount of the aggregate purchase price for the Shares being purchased hereunder as set forth opposite such Investor’s name on Schedule I hereto to a bank account designated by the Fund. The Fund’s obligation to issue and sell the Shares to each Investor shall be subject to the following conditions, Registration Statement or any one or more of which may be waived by the Fund: (asupplement thereto) receipt by the Fund of a certified or official bank check or wire transfer of funds in the full amount of the purchase price for the Shares being purchased; purchased hereunder as set forth on the signature page hereto. The Company may accept or reject Agreements in its discretion. The Company's obligation to issue and sell the Shares to the Investor shall be subject to the following conditions, any one or more of which may be waived by the Company: (ba) completion of the purchases and sales of Shares under the Agreements that may be executed with the Other Investors; and (cb) the accuracy of the representations and warranties made by each Investor the Investors and the fulfillment of those undertakings of each Investor the Investors to be fulfilled prior to the Closing. Each The Investor’s 's obligation to purchase the Shares shall be subject to the condition that the Placement Agent shall not have (a) terminated the Placement Agency Agreement dated as of March 27February , 20072002, between the Fund Company and the Placement Agent (the “"Placement Agency Agreement”") pursuant to the terms thereof or (b) determined that the conditions to closing in the Placement Agency Agreement have not been satisfied.

Delivery of the Shares at Closing. The completion of the purchase and sale of the Shares (the “"Closing”") shall occur on March 30, 2007 at 10:00 a.m. (Eastern Time) or at such later date a place and time as (the parties hereto may agree upon (such date "Closing Date") to be specified by the Company and time of payment being herein called the “Closing Time”), at the offices of the Placement Agent’s counsel, and of which the Investors will be notified in advance by the Placement Agent. At the Closing, the Fund Company shall deliver to each Investor, using customary book-entry procedures, the Investor one or more stock certificates representing the number of Shares set forth on Schedule I the signature page hereto, each such certificate to this Agreement, and each Investor shall deliver to the Fund or as otherwise directed by the Placement Agent a certified or official bank check or wire transfer of funds be registered in the full amount name of the aggregate purchase price for Investor or, if so indicated on the Shares being purchased hereunder Stock Certificate Questionnaire attached hereto as set forth opposite such Investor’s Exhibit A, in the name on Schedule I hereto to of a bank account nominee designated by the FundInvestor. The Fund’s Company's obligation to issue and sell the Shares to each the Investor shall be subject to the following conditions, any one or more of which may be waived by the FundCompany: (a) receipt by the Fund of a certified or official bank check or wire transfer of funds in the full amount Company of the purchase price for the Shares being purchasedpurchased hereunder as set forth on the Signature Page hereto; (b) completion of the purchases and sales of Shares under the Agreements that may be executed with the Other Investors; and (c) the accuracy of the representations and warranties made by each Investor the Investors and the fulfillment of those undertakings of each Investor the Investors to be fulfilled prior to the Closing. Each The Investor’s 's obligation to purchase the Shares shall be subject to the condition that following conditions, any one or more of which may be waived by the Placement Agent shall not have Investor: (a) terminated Investors shall have executed Agreements for the Placement Agency Agreement dated as purchase of March 27, 2007, between the Fund and the Placement Agent (the “Placement Agency Agreement”) pursuant to the terms thereof or (b) determined that the conditions to closing Shares in the Placement Agency Agreement amount of at least $12,000,000 (excluding shares sold to Medtronic, Inc.). Subject to clause (a) above, the Investor's obligations are expressly not conditioned on the purchase by any or all of the other Investors of the Shares that they have not been satisfiedagreed to purchase from the Company.

Delivery of the Shares at Closing. The completion of the purchase and sale of the Shares (the “Closing”) shall occur on March 30April 20, 2007 at 10:00 a.m. 2004 (Eastern Time) or at such later date and time as the parties hereto may agree upon (such date and time of payment being herein called the “Closing TimeDate”), at the offices of the Placement Agent’s counsel. At the Closing, the Fund Company shall deliver to each Investor, using customary book-entry procedures, the number of Shares set forth on Schedule I to this Agreement, and each Investor shall deliver to the Fund Company or as otherwise directed by the Placement Agent Agents a certified or official bank check or wire transfer of funds in the full amount of the aggregate purchase price for the Shares being purchased hereunder as set forth opposite such Investor’s name on Schedule I hereto to a bank account designated by the Fundfirst page of this Agreement. The FundCompany’s obligation to issue and sell the Shares to each Investor shall be subject to the following conditions, any one or more of which may be waived by the FundCompany: (a) receipt by the Fund of a certified or official bank check or wire transfer of funds in the full amount of the purchase price for the Shares being purchased; (b) completion of the purchases and sales of Shares under the Agreements that may be executed with the Other Investors; and (cb) the accuracy of the representations and warranties made by each Investor and the fulfillment of those undertakings of each Investor to be fulfilled prior to the Closing. Each Investor’s obligation to purchase the Shares shall be subject to the condition that the Placement Agent Agents shall not have (a) terminated the Placement Agency Agreement dated as of March 27April 14, 20072004, between the Fund Company and the Placement Agent Agents (the “Placement Agency Agreement”) pursuant to the terms thereof or (b) determined that the conditions to closing in the Placement Agency Agreement have not been satisfied.

Delivery of the Shares at Closing. The completion of the purchase and sale of the Shares (the “"Closing”") shall occur on March 30Friday, 2007 at 10:00 a.m. (Eastern Time) or at such later date and time as the parties hereto may agree upon (such date and time of payment being herein called the “Closing Time”)February 1, 2002 or, at the offices Company's discretion, on such other date within ten (10) days thereafter at a place and time (the "Closing Date") to be specified by the Company, and of which the Placement Agent’s counselInvestors will be notified in advance by the Company. At the Closing, the Fund shall deliver to each Investor, using customary book-entry procedures, the number of Shares set forth on Schedule I to this Agreement, and each Investor shall deliver to the Fund or as otherwise directed by the Placement Agent a certified or official bank check or wire transfer of immediately available funds in the full amount of the aggregate purchase price for the Shares being purchased hereunder as set forth opposite such Investor’s name on Schedule I hereto by wire transfer to a bank an account designated by the FundCompany. At the Closing, the Company shall deliver to the Investor, versus payment therefor, one or more stock certificates representing the number of Shares set forth on the Signature Page hereto, each such certificate to be registered in the name of the Investor or, if so indicated on the Stock Certificate Questionnaire attached hereto as Exhibit A, in the name of a nominee designated by the Investor. The Fund’s Company's obligation to issue and sell the Shares to each the Investor shall be subject to the following conditions, any one or more of which may be waived by the FundCompany: (a) receipt by the Fund of a certified or official bank check or wire transfer of funds in the full amount Company of the purchase price for the Shares being purchasedpurchased hereunder as set forth on the Signature Page hereto; (b) completion of the purchases and sales of Shares under the Agreements that may be executed with the Other Investors; and (c) the accuracy of the representations and warranties made by each Investor the Investors and the fulfillment of those undertakings of each Investor the Investors to be fulfilled prior to the Closing. Each The Investor’s 's obligation to purchase the Shares shall be subject to the condition following condition, which may be waived by the Investor: Investors shall have executed Agreements for the purchase of Shares. Subject to foregoing sentence, the Investor's obligations are expressly not conditioned on the purchase by any or all of the Other Investors of the Shares that they have agreed to purchase from the Placement Agent shall not have (a) terminated the Placement Agency Agreement dated as of March 27, 2007, between the Fund and the Placement Agent (the “Placement Agency Agreement”) pursuant to the terms thereof or (b) determined that the conditions to closing in the Placement Agency Agreement have not been satisfiedCompany.

Delivery of the Shares at Closing. The completion of the purchase and sale of the Shares (the “"Closing”") shall occur on March 30January __, 2007 at 10:00 a.m. 2002 (Eastern Time) or at such later date and time as the parties hereto may agree upon (such date and time of payment being herein called the “"Closing Time”Date"), at the offices of the Placement Agent’s Company's counsel. At the Closing, the Fund Company shall deliver to each the Investor, using customary book-entry procedures, the number of Shares set forth on Schedule I to this Agreementthe signature page hereto, and each the Investor shall deliver to the Fund or as otherwise directed by the Placement Agent a certified or official bank check or wire transfer of funds (as defined in the full amount of the aggregate purchase price for the Shares being purchased hereunder as set forth opposite such Investor’s name on Schedule I hereto to a bank account designated by the Fund. The Fund’s obligation to issue and sell the Shares to each Investor shall be subject to the following conditions, Registration Statement or any one or more of which may be waived by the Fund: (asupplement thereto) receipt by the Fund of a certified or official bank check or wire transfer of funds in the full amount of the purchase price for the Shares being purchased; purchased hereunder as set forth on the signature page hereto. The Company's obligation to issue and sell the Shares to the Investor shall be subject to the following conditions, any one or more of which may be waived by the Company: (ba) completion of the purchases and sales of all the Shares under the Agreements that may be executed with the Other Investors; and (cb) the accuracy of the representations and warranties made by each Investor the Investors and the fulfillment of those undertakings of each Investor the Investors to be fulfilled prior to the Closing. Each The Investor’s 's obligation to purchase the Shares shall be subject to the condition that the Placement Agent shall not have (a) terminated the Placement Agency Agreement dated as of March 27January 11, 20072002, between the Fund Company and the several Placement Agent (the “Placement Agency Agreement”) pursuant to the terms thereof or (b) determined that the conditions to closing in the Placement Agency Agreement have not been satisfiedthereof.

Delivery of the Shares at Closing. The completion of the purchase and sale of the Shares (the “Closing”) shall occur on March 30December 10, 2007 2009 at 10:00 a.m. (Eastern Time) or at such later date and time as the parties hereto may agree upon (such date and time of payment being herein called the “Closing Time”), at the offices of the Placement Agent’s Agents’ counsel. At the Closing, the Fund Company shall deliver to each Investor, using customary book-entry procedures, the number of Shares set forth on Schedule I to this Agreement, and each Investor shall deliver to the Fund or as otherwise directed by the Placement Agent a certified or official bank check or Company via wire transfer of funds in the full amount of the aggregate purchase price for the Shares being purchased hereunder as set forth opposite such Investor’s name on Schedule I hereto to a bank account designated by the FundCompany. The FundCompany’s obligation to issue and sell the Shares to each Investor shall be subject to the following conditions, any one or more of which may be waived by the FundCompany: (a) receipt by the Fund Company of a certified or official bank check or wire transfer of funds in the full amount of the purchase price for the Shares being purchased; (b) completion of the purchases and sales of Shares under the Agreements that may be executed with the Other Investors; and (c) the accuracy of the representations and warranties made by each Investor and the fulfillment of those undertakings of each Investor to be fulfilled prior to the Closing. Each Investor’s obligation to purchase the Shares shall be subject to the condition that the Placement Agent Agents shall not have (a) terminated the Placement Agency Agreement dated as of March 27December 7, 2007, between the Fund and the Placement Agent 2009 (the “Placement Agency Agreement”) between the Company and the Placement Agents pursuant to the terms thereof or (b) determined that the conditions to closing in the Placement Agency Agreement have not been satisfiedsatisfied without waiver thereof.

Delivery of the Shares at Closing. The completion of the purchase and sale of the Shares (the “Closing”) shall occur on March 30June [ ], 2007 at 10:00 a.m. 2005 (Eastern Time) or at such later date and time as the parties hereto may agree upon (such date and time of payment being herein called the “Closing TimeDate”), at the offices of the Placement Agent’s counsel. At the Closing, the Fund Company shall deliver to each Investor, using customary book-entry procedures, the number of Shares set forth on Schedule I to this Agreement, and each Investor shall deliver to the Fund Company or as otherwise directed by the Placement Agent Agents a certified or official bank check or wire transfer of funds in the full amount of the aggregate purchase price for the Shares being purchased hereunder as set forth opposite such Investor’s name on Schedule I hereto hereto, to a bank trust account designated by with The Bank of New York, as escrow agent (the Fund“Escrow Agent”). The FundCompany’s obligation to issue and sell the Shares to each Investor shall be subject to the following conditions, any one or more of which may be waived by the FundCompany: (a) receipt by the Fund Escrow Agent of a certified or official bank check or wire transfer of funds in the full amount of the purchase price for the Shares being purchased; (b) completion of the purchases and sales of Shares under the Agreements that may be executed with the Other Investors; and (c) the accuracy of the representations and warranties made by each Investor and the fulfillment of those undertakings of each Investor to be fulfilled prior to the Closing. Each Investor’s obligation to purchase the Shares shall be subject to the condition that the Placement Agent Agents shall not have (a) terminated the Placement Agency Agreement dated as of March 27June [ ], 20072005, between the Fund Company and the Placement Agent Agents (the “Placement Agency Agreement”) pursuant to the terms thereof or (b) determined that the conditions to closing in the Placement Agency Agreement have not been satisfied.

Delivery of the Shares at Closing. The completion of the purchase and sale of the Shares (the “Closing”) shall occur on March 30May 18, 2007 2010 at 10:00 a.m. (Eastern Time) or at such later date and time as the parties hereto may agree upon (such date and time of payment being herein called the “Closing TimeDate”), at the offices of the Placement Agent’s Agents’ counsel. At the Closing, the Fund Company shall deliver to each Investor, using customary book-entry procedures, the number of Shares set forth on Schedule I to this Agreement, and each Investor shall deliver to the Fund or as otherwise directed by the Placement Agent a certified or official bank check or Company via wire transfer of funds in the full amount of the aggregate purchase price for the Shares being purchased hereunder as set forth opposite such Investor’s name on Schedule I hereto to a bank account designated by the FundCompany. The FundCompany’s obligation to issue and sell the Shares to each Investor shall be subject to the following conditions, any one or more of which may be waived by the FundCompany: (a) receipt by the Fund Company of a certified or official bank check or wire transfer of funds in the full amount of the purchase price for the Shares being purchased; (b) completion of the purchases and sales of Shares under the Agreements that may be executed with the Other Investors; and (c) the accuracy of the representations and warranties made by each Investor and the fulfillment of those undertakings of each Investor to be fulfilled prior to the Closing. Each Investor’s obligation to purchase the Shares shall be subject to the condition that the Placement Agent Agents shall not have (a) terminated the Placement Agency Agreement dated as of March 27May 13, 2007, between the Fund and the Placement Agent 2010 (the “Placement Agency Agreement”) between the Company and the Placement Agents pursuant to the terms thereof or (b) determined that the conditions to closing in the Placement Agency Agreement have not been satisfiedsatisfied without waiver thereof.

Delivery of the Shares at Closing. The completion of the purchase and sale of the Shares (the “Closing”) shall occur on March 30December 9, 2007 at 10:00 a.m. 2003 (Eastern Time) or at such later date and time as the parties hereto may agree upon (such date and time of payment being herein called the “Closing TimeDate”), at the offices of the Placement AgentCompany’s counsel. At the Closing, the Fund Company shall deliver to each the Investor, using customary book-entry procedures, the number of Shares set forth on Schedule I to this Agreementthe signature page hereto, and each the Investor shall deliver to the Fund Company or as otherwise directed by the Placement Agent a certified or official bank check or wire transfer of funds Agents (as defined in the full amount of the aggregate purchase price for the Shares being purchased hereunder as set forth opposite such Investor’s name on Schedule I hereto to a bank account designated by the Fund. The Fund’s obligation to issue and sell the Shares to each Investor shall be subject to the following conditions, Registration Statement or any one or more of which may be waived by the Fund: (asupplement thereto) receipt by the Fund of a certified or official bank check or wire transfer of funds in the full amount of the purchase price for the Shares being purchased; purchased hereunder as set forth on the signature page hereto. The Company may accept or reject Agreements in its discretion. The Company’s obligation to issue and sell the Shares to the Investor shall be subject to the following conditions, any one or more of which may be waived by the Company: (ba) completion of the purchases and sales of Shares under the Agreements that may be executed with the Other Investors; and (cb) the accuracy of the representations and warranties made by each Investor the Investors and the fulfillment of those undertakings of each Investor the Investors to be fulfilled prior to the Closing. Each The Investor’s obligation to purchase the Shares shall be subject to the condition that the Placement Agent Agents shall not have (a) terminated the Placement Agency Agreement dated as of March 27December 3, 20072003, between the Fund Company and the Placement Agent (the “Placement Agency Agreement”) pursuant to the terms thereof or (b) determined that the conditions to closing in the Placement Agency Agreement have not been satisfied.

Delivery of the Shares at Closing. The completion of the purchase and sale of the Shares (the “Closing”) shall occur on March 30February 13, 2007 at 10:00 a.m. (Eastern Time) or at such later date and time as the parties hereto may agree upon (such date and time of payment being herein called the “Closing TimeDate”), at the offices of the Placement AgentCompany’s counsel. At the Closing, the Fund Company shall deliver to each Investor, Investor using customary book-entry procedures, the number of Shares set forth opposite such Investor’s name on Schedule I to this Agreement, hereto and each Investor shall deliver to the Fund or as otherwise directed by the Placement Agent a certified or official bank check or wire transfer of funds in the full amount of the aggregate purchase price for the Shares being purchased hereunder hereunder, as set forth opposite such Investor’s name on Schedule I hereto hereto, to a bank account designated by the FundCompany. The FundCompany’s obligation to issue and sell the Shares to each Investor shall be subject to the following conditions, any one or more of which may be waived by the FundCompany: (a) receipt by the Fund Company of a certified or official bank check or wire transfer of funds in the full amount of the purchase price for the Shares being purchased; (b) completion of the purchases and sales of Shares under the Agreements that may be executed with the Other Investors; and (c) the accuracy of the representations and warranties made by each Investor the Investors and the fulfillment of those undertakings of each Investor the Investors to be fulfilled prior to the Closing. Each The Investor’s obligation to purchase the Shares shall be subject to the condition that the Placement Agent shall not have (a) terminated the Placement Agency Agreement dated as of March 27February 7, 2007, between the Fund Company and the Placement Agent (the “Placement Agency Agreement”) pursuant to the terms thereof or (b) determined that the conditions to closing Closing in the Placement Agency Agreement have not been satisfied.

Delivery of the Shares at Closing. The completion of the purchase and sale of the Shares (the “"Closing”") shall occur on March 30January , 2007 at 10:00 a.m. 2002 (Eastern Time) or at such later date and time as the parties hereto may agree upon (such date and time of payment being herein called the “"Closing Time”Date"), at the offices of the Placement Agent’s Company's counsel. At the Closing, the Fund Company shall deliver to each the Investor, using customary book-entry procedures, the number of Shares set forth on Schedule I to this Agreementthe signature page hereto, and each the Investor shall deliver to the Fund or as otherwise directed by the Placement Agent a certified or official bank check or wire transfer of funds (as defined in the full amount of the aggregate purchase price for the Shares being purchased hereunder as set forth opposite such Investor’s name on Schedule I hereto to a bank account designated by the Fund. The Fund’s obligation to issue and sell the Shares to each Investor shall be subject to the following conditions, Registration Statement or any one or more of which may be waived by the Fund: (asupplement thereto) receipt by the Fund of a certified or official bank check or wire transfer of funds in the full amount of the purchase price for the Shares being purchased; purchased hereunder as set forth on the signature page hereto. The Company may accept or reject Agreements in its discretion. The Company's obligation to issue and sell the Shares to the Investor shall be subject to the following conditions, any one or more of which may be waived by the Company: (ba) completion of the purchases and sales of Shares under the Agreements that may be executed with the Other Investors; and (cb) the accuracy of the representations and warranties made by each Investor the Investors and the fulfillment of those undertakings of each Investor the Investors to be fulfilled prior to the Closing. Each The Investor’s 's obligation to purchase the Shares shall be subject to the condition that the Placement Agent shall not have (a) terminated the Placement Agency Agreement dated as of March 27January , 20072002, between the Fund Company and the Placement Agent (the “"Placement Agency Agreement”") pursuant to the terms thereof or (b) determined that the conditions to closing in the Placement Agency Agreement have not been satisfied.