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 take place as provided in Section 3 of the Placement Agency Agreement and the Escrow Agreement. The Company’s obligation to issue and sell the Shares to the Investor shall be subject to the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing, including, but not limited to, delivery of immediately available funds in an amount equal to the Purchase Price. 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 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 take place as provided in Section 3 2 of the Placement Agency Agreement and the Escrow Agreement. The Company’s obligation to issue and sell the Shares to the Investor shall be subject to the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing, including, but not limited to, delivery of immediately available funds in an amount equal to the Purchase Price. 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 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 take place as provided in Section 3 2 of the Placement Agency Agreement and the Escrow Agreement. The Company’s obligation to issue and sell the Shares to the each Investor shall be subject to the accuracy of the representations and warranties made by the each Investor and the fulfillment of those undertakings of the each Investor to be fulfilled prior to the Closing, including, but not limited to, delivery of immediately available funds in an amount equal to the Purchase Price. The 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 pursuant to the terms thereof or (b) determined that the conditions to closing in the Placement Agency Agreement have not been satisfied. The Investor’s obligation to purchase the Shares also shall be subject to the condition that such Investor shall be entitled to rely on the legal opinions delivered to the Placement Agent as if such legal opinions had been addressed to such Investor.

Delivery of the Shares at Closing. The completion of the purchase and sale of the Shares (the “Closing”) shall take place as provided in Section 3 2 of the Placement Agency Agreement and the Escrow Agreement. The Company’s obligation to issue and sell the Shares to the each Investor shall be subject to the accuracy of the representations and warranties made by the each Investor and the fulfillment of those undertakings of the each Investor to be fulfilled prior to the Closing, including, but not limited to, delivery of immediately available funds in an amount equal to the Purchase Price. The 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 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 take place as provided in Section 3 2 of the Placement Agency Agreement and the Escrow Agreement. The Company’s obligation to issue and sell the Shares to the Investor shall be subject to the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing, including, but not limited to, delivery of immediately available funds in an amount equal to the Purchase Price. 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 pursuant to the terms thereof or (b) determined that the conditions to closing in the Placement Agency Agreement have not been satisfied.