Common use of Form of Payment; Deliveries Clause in Contracts

Form of Payment; Deliveries. On the Closing Date, (i) the Buyer shall pay the Purchase Price (less the amount withheld pursuant to Section 4(g)) to the Company for the Common Shares and the Series M Warrants to be issued and sold to the Buyer at the Closing, by wire transfer of immediately available funds in accordance with the Flow of Funds Letter (as defined below) and (ii) the Company shall (A) cause Philadelphia Stock Transfer, Inc. (together with any subsequent transfer agent, the “Transfer Agent”) through the Depository Trust Company (“DTC”) Fast Automated Securities Transfer Program, to credit 1,205,400 Common Shares to the Buyer’s or its designee’s balance account with DTC through its Deposit/Withdrawal at Custodian system and (C) deliver to the Buyer the Series M Warrant pursuant to which the Buyer shall have the right to initially acquire an aggregate of up to 482,160 Series M Warrant Shares, duly executed on behalf of the Company and registered in the name of the Buyer or its designee.

Form of Payment; Deliveries. On the Closing Date, (i) the Buyer shall pay the Purchase Price (less the amount withheld pursuant to Section 4(g)) to the Company for the Common Shares and the Series M Warrants to be issued and sold to the Buyer at the Closing, by wire transfer of immediately available funds in accordance with the Flow of Funds Letter (as defined below) and (ii) the Company shall (A) cause Philadelphia Stock Transfer, Inc. (together with any subsequent transfer agent, the “Transfer Agent”) through the Depository Trust Company (“DTC”) Fast Automated Securities Transfer Program, to credit 1,205,400 904,970 Common Shares to the Buyer’s or its designee’s balance account with DTC through its Deposit/Withdrawal at Custodian system and system, (CB) deliver to the Buyer the Series M K Warrant pursuant to which the Buyer shall have the right to initially acquire an aggregate of up to 482,160 255,000 Series M K Warrant Shares, duly executed on behalf of the Company and registered in the name of the Buyer or its designee, and (C) deliver to the Buyer the Series L Warrant pursuant to which the Buyer shall have the right to initially acquire an aggregate of up to 1,159,970 Series L Warrant Shares, duly executed on behalf of the Company and registered in the name of the Buyer or its designee.

Form of Payment; Deliveries. On the Closing Date, (i) the Buyer shall pay the Purchase Price (less the amount withheld pursuant to Section 4(g)) to the Company for the Common Shares and the Series M Warrants to be issued and sold to the Buyer at the Closing, by wire transfer of immediately available funds in accordance with the Flow of Funds Letter (as defined below) and (ii) the Company shall (A) cause Philadelphia Stock Transfer, Inc. (together with any subsequent transfer agent, the “Transfer Agent”) through the Depository Trust Company (“DTC”) Fast Automated Securities Transfer Program, to credit 1,205,400 271,744 Common Shares to the Buyer’s or its designee’s balance account with DTC through its Deposit/Withdrawal at Custodian system and system, (CB) deliver to the Buyer the Series M E Warrant pursuant to which the Buyer shall have the right to initially acquire an aggregate of up to 482,160 456,058 Series M E Warrant Shares, duly executed on behalf of the Company and registered in the name of the Buyer or its designee, and (C) deliver to the Buyer the Series F Warrant pursuant to which the Buyer shall have the right to initially acquire an aggregate of up to 727,802 Series F Warrant Shares, duly executed on behalf of the Company and registered in the name of the Buyer or its designee.

Form of Payment; Deliveries. On the Closing Date, (i) the Buyer shall pay the Purchase Price (less the amount withheld pursuant to Section 4(g)) to the Company for the Common Shares and the Series M Warrants to be issued and sold to the Buyer at the Closing, by wire transfer of immediately available funds in accordance with the Flow of Funds Letter (as defined below) and (ii) the Company shall (A) cause Philadelphia Stock Transfer, Inc. (together with any subsequent transfer agent, the “Transfer Agent”) through the Depository Trust Company (“DTC”) Fast Automated Securities Transfer Program, to credit 1,205,400 800,000 Common Shares to the Buyer’s or its designee’s balance account with DTC through its Deposit/Withdrawal at Custodian system and system, (CB) deliver to the Buyer the Series M I Warrant pursuant to which the Buyer shall have the right to initially acquire an aggregate of up to 482,160 131,967 Series M I Warrant Shares, duly executed on behalf of the Company and registered in the name of the Buyer or its designee, and (C) deliver to the Buyer the Series J Warrant pursuant to which the Buyer shall have the right to initially acquire an aggregate of up to 931,967 Series J Warrant Shares, duly executed on behalf of the Company and registered in the name of the Buyer or its designee.

Form of Payment; Deliveries. On the Closing Date, (i) the Buyer shall pay the Purchase Price (less the amount withheld pursuant to Section 4(g)) to the Company for the Common Shares and the Series M Warrants to be issued and sold to the Buyer at the Closing, by wire transfer of immediately available funds in accordance with the Flow of Funds Letter (as defined below) and (ii) the Company shall (A) cause Philadelphia Stock Transfer, Inc. (together with any subsequent transfer agent, the “Transfer Agent”) through the Depository Trust Company (“DTC”) Fast Automated Securities Transfer Program, to credit 1,205,400 196,104 Common Shares to the Buyer’s or its designee’s balance account with DTC through its Deposit/Withdrawal at Custodian system and system, (CB) deliver to the Buyer the Series M C Warrant pursuant to which the Buyer shall have the right to initially acquire an aggregate of up to 482,160 261,911 Series M C Warrant Shares, duly executed on behalf of the Company and registered in the name of the Buyer or its designee, and (C) deliver to the Buyer the Series D Warrant pursuant to which the Buyer shall have the right to initially acquire an aggregate of up to 458,015 Series D Warrant Shares, duly executed on behalf of the Company and registered in the name of the Buyer or its designee.

Form of Payment; Deliveries. On the Closing Date, (i) the Buyer shall pay the Purchase Price (less the amount withheld pursuant to Section 4(g)) to the Company for the Common Shares and the Series M Warrants to be issued and sold to the Buyer at the Closing, by wire transfer of immediately available funds in accordance with the Flow of Funds Letter (as defined below) and (ii) the Company shall (A) cause Philadelphia Stock Transfer, Inc. (together with any subsequent transfer agent, the “Transfer Agent”) through the Depository Trust Company (“DTC”) Fast Automated Securities Transfer Program, to credit 1,205,400 225,813 Common Shares to the Buyer’s or its designee’s balance account with DTC through its Deposit/Withdrawal at Custodian system and system, (CB) deliver to the Buyer the Series M A Warrant pursuant to which the Buyer shall have the right to initially acquire an aggregate of up to 482,160 156,353 Series M A Warrant Shares, duly executed on behalf of the Company and registered in the name of the Buyer or its designee, and (C) deliver to the Buyer the Series B Warrant pursuant to which the Buyer shall have the right to initially acquire an aggregate of up to 382,166 Series B Warrant Shares, duly executed on behalf of the Company and registered in the name of the Buyer or its designee.