Common use of Delivery; Payment Clause in Contracts

Delivery; Payment. At each Closing, subject to the terms and conditions hereof, the Company will deliver to the Purchasers certificates representing the number of shares of Common Stock and corresponding Warrants to be purchased at such Closing by the Purchasers or the Subsequent Closing Purchasers, as the case may be, against payment of the full amount of the Purchase Price therefor in cash by wire transfer of immediately available funds. Unless otherwise requested by any Purchaser, each Purchaser will receive at such Closing, one (1) certificate registered in its name representing the shares of Common Stock included in the Units purchased by such Purchaser and one (1) A Warrant and one (1) B Warrant for each Unit purchased by such Purchaser or Subsequent Closing Purchaser, as the case may be, at such Closing. The Company and the Placement Agent, in their mutual discretion, may allow a Purchaser to purchase a partial Unit, in which case the Purchaser shall receive a certificate representing the appropriate number of shares of Common Stock included in such partial Unit and a partial A Warrant and partial B Warrant for the appropriate number of corresponding Warrant Shares.

Delivery; Payment. At each Closing, subject to the terms and conditions hereof, the Company Purchasers will deliver to the Purchasers certificates representing the number of shares of Common Stock and corresponding Warrants to be purchased at such Closing by the Purchasers or the Subsequent Closing Purchasers, as the case may be, against payment of the full amount of the Purchase Price therefor in cash by wire transfer of immediately available funds. Unless funds in accordance with instructions included herein, or as the Company shall otherwise requested by any Purchaser, each Purchaser direct and the Company will receive at such Closing, deliver (1) one (1) certificate registered in its such Purchaser’s name representing the for such number of shares of Common Stock included in the Units purchased by such Purchaser or Subsequent Closing Purchaser, as the case may be, at such Closing and (2) one (1) A Warrant, registered in such Purchaser’s name to purchase such number of Warrant and one (1) B Warrant for each Unit Shares included in the Units purchased by such Purchaser or Subsequent Closing Purchaser, as the case may be, at such Closing. The Company and the Placement Agent, in their mutual its sole discretion, may allow a Purchaser to purchase a partial Unit, in which case the Purchaser shall receive a certificate representing the appropriate number of shares of Common Stock included in such partial Unit and a partial A Warrant and partial B Warrant for the appropriate number of corresponding Warrant Shares.

Delivery; Payment. At each Closing, subject to the terms and conditions hereof, the Company Purchasers will deliver to the Purchasers certificates representing the number of shares of Common Stock and corresponding Warrants to be purchased at such Closing by the Purchasers or the Subsequent Closing Purchasers, as the case may be, against payment of the full amount of the Purchase Price therefor in cash by wire transfer of immediately available funds. Unless funds in accordance with instructions attached hereto as Exhibit D, or as the Company shall otherwise requested by any Purchaser, each Purchaser direct and the Company will receive at such Closing, deliver (1) one (1) certificate registered in its name representing the such Purchaser’s name, to purchase such number of shares of Common Stock (or Preferred Stock for any Purchasers that elect to purchase shares of our Preferred Stock in lieu of Common Stock) included in the Units purchased by such Purchaser or Subsequent Closing Purchaser, as the case may be, at such Closing and (2) one (1) A Warrant, registered in such Purchaser’s name to purchase such number of Warrant and one (1) B Warrant for each Unit Shares included in the Units purchased by such Purchaser or Subsequent Closing Purchaser, as the case may be, at such Closing. The Company and the Placement Agent, in their mutual discretion, may allow a Purchaser to purchase a partial Unit, in which case the Purchaser shall receive a certificate representing the appropriate number of shares of Common Stock (or Preferred Stock for any Purchasers that elect to purchase shares of our Preferred Stock in lieu of Common Stock) included in such partial Unit and a partial A Warrant and partial B Warrant for the appropriate number of corresponding Warrant Shares.