Common use of Offering Period Clause in Contracts

Offering Period. The offering period for the Placement will continue until the earlier of (a) 11:59 PM Eastern time on September 27, 2002 or (b)the sale of the Maximum Offering (the "Termination Date"). Provided the Minimum Offering shall have been subscribed for on or prior to the Termination Date, funds representing the sale thereof shall have cleared, and all conditions to closing in the Agency Agreement have been satisfied or waived and neither the Company nor the Placement Agent have notified the other that they do not intend to effect the closing of the Minimum Offering. The Initial Closing shall take place at the offices of counsel to the Placement Agent, Loeb & Loeb, 345 Park Avenue, New York, New York 10154, or such other location as muxxxxxx xxxxxx xx xx xxx Xxxxxxx xxx xxx Xlacement Agent within three business days thereafter. At the Initial Closing, payment for the Units issued and sold by the Company shall be made against delivery of the Notes and the Warrants comprising such Units. Subsequent closings (each of which shall be deemed a "Closing" hereunder) shall take place at any time prior to the Termination Date as may be mutually agreed to by the Company and the Placement Agent. The date of the last closing of the Placement is hereinafter referred to as the "Final Closing" and the date of any Closing hereunder is hereinafter referred to as a "Closing Date."

Offering Period. The offering period for the Placement will continue until the earlier of (a) 11:59 PM Eastern time on September 2730, 2002 or (b)the the sale of the Maximum Offering (the "Termination Date"); provided, however, that the offering period for the Minimum Offering will terminate on June 30, 2002 (the "Minimum Deadline"). Provided the Minimum Offering shall have been subscribed for on or prior to the Termination DateMinimum Deadline, funds representing the sale thereof shall have cleared, and all conditions to closing set forth in the Agency Agreement Section 4 have been satisfied or waived and neither by the Company nor Subscribers, the Placement Agent have notified the other that they do not intend to effect the closing of the Minimum Offering. The Initial Closing shall take place at the offices of counsel to the Placement AgentComVest, Loeb & Loeb, 345 Park Avenue000 Xxxx Xxxxxx, New YorkXxx Xxxx, New York 10154Xxx Xxxx 00000, or such other location as muxxxxxx xxxxxx xx xx xxx Xxxxxxx xxx xxx Xlacement Agent within three business days thereafter. At the Initial Closing, payment for the Units issued and sold by the Company shall be made against delivery of the Notes and the Warrants comprising such Units. Subsequent closings (each of which shall be deemed a "Closing" hereunder) shall take place at any time prior to the Termination Date as may be mutually agreed to by the Company and the Placement AgentComVest. The date of the last closing of the Placement is hereinafter referred to as the "Final Closing" and the date of any Closing hereunder is hereinafter referred to as a "Closing Date."

Offering Period. The offering period for the Placement will continue until the earlier of (a) 11:59 PM Eastern time on September 2730, 2002 or (b)the the sale of the Maximum Offering (the "Termination Date"); provided, however, that the offering period for the Minimum Offering will terminate on June 30, 2002 (the "Minimum Deadline"). Provided the Minimum Offering shall have been subscribed for on or prior to the Termination DateMinimum Deadline, funds representing the sale thereof shall have cleared, and all conditions to closing set forth in the Agency Agreement Section 4 have been satisfied or waived and neither by the Company nor Subscribers, the Placement Agent have notified the other that they do not intend to effect the closing of the Minimum Offering. The Initial Closing shall take place at the offices of counsel to the Placement AgentComVest, Loeb & Loeb, 345 Park Avenue, New York, New York 10154, or such other location as muxxxxxx xxxxxx xx xx xxx Xxxxxxx xxx xxx Xlacement Agent within three business days thereaftertxxxxxxxxx. At the Initial ClosingXx xxx Xxxxxxx Xxxxxxx, payment xxxxxxt for the Units issued and sold by the Company shall be made against delivery of the Notes and the Warrants comprising such Units. Subsequent closings (each of which shall be deemed a "Closing" hereunder) shall take place at any time prior to the Termination Date as may be mutually agreed to by the Company and the Placement AgentComVest. The date of the last closing of the Placement is hereinafter referred to as the "Final Closing" and the date of any Closing hereunder is hereinafter referred to as a "Closing Date."

Offering Period. The offering subscription period for the Placement will continue until the earlier begin as of (a) December 13, 2001 and will terminate at 11:59 PM Eastern time on September 27February 11, 2002 or (b)the sale 2002, unless extended by mutual agreement of the Maximum Offering Company and the Placement Agent for up to an additional 30 days (the "Termination Date"). Provided the Minimum Offering shall have been subscribed for on or prior to the Termination Datefor, funds representing the sale thereof shall have cleared, and all conditions to closing set forth in the Agency Agreement have been satisfied or waived and neither the Company nor the Placement Agent have notified the other that they do not intend to effect the closing of the Minimum Offering. The , the Initial Closing shall take place at the offices of counsel to the Placement Agent, Loeb & Loeb, 345 Park Avenue000 Xxxx Xxxxxx, New YorkXxx Xxxx, New York 10154Xxx Xxxx 00000, or such other location as muxxxxxx xxxxxx xx xx xxx Xxxxxxx xxx xxx Xlacement Agent within three business days thereafterthereafter (but in no event later than three days following the Termination Date, which closing date may be accelerated or adjourned by agreement between the Company and the Placement Agent). At the Initial Closing, payment for the Units issued and sold by the Company shall be made against delivery of the Notes and the Warrants comprising such Units. Subsequent closings (each of which shall be deemed a "Closing" hereunder) shall take place at any time prior to the Termination Date as may be mutually agreed to by mutual agreement of the Company and the Placement Agent. The date of the last closing of the Placement Bridge is hereinafter referred to as the "Final Closing" and the date of any Closing hereunder is hereinafter referred to as a "Closing Date."as

Offering Period. The offering subscription period for the Placement will continue until the earlier begin as of (a) December 29, 2004 and will terminate at 11:59 PM Eastern time on September 27January 7, 2002 or (b)the sale 2004, unless extended by mutual agreement of the Maximum Offering Company and the Selling Agent for up to an additional 30 days (the "“Termination Date"”). Provided the Minimum Offering shall have been subscribed for on or prior to the Termination Date, that funds representing the sale thereof shall have cleared, and all conditions to closing set forth in the Agency Agreement have been satisfied or waived waived, and neither the Company nor the Placement Selling Agent have notified the other that they do not intend to effect the a closing of the Minimum Offering. The Offering (the “Initial Closing”), the Initial Closing shall take place at the offices of counsel to the Placement Escrow Agent, Loeb & LoebSichenzia Xxxx Xxxxxxxx Xxxxxxx LLP, 345 Park Avenue, New York, New York 10154, or such other location as muxxxxxx xxxxxx xx 0000 Xxxxxx xx xxx Xxxxxxx xxx xxx Xlacement Agent within Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000 (but in no event later than three business days thereafterfollowing the Termination Date, which closing date m ay be accelerated or adjourned by agreement between the Company and the Selling Agent). At the Initial Closing, payment for the Units to be issued and sold by the Company shall be made against issuance and delivery of the Notes Shares and the Warrants comprising such Units. Subsequent In addition, subsequent closings of the Offering (if applicable) may be scheduled at the discretion of the Company and Selling Agent, each of which shall be deemed a "“Closing" ” hereunder) shall take place at any time prior to the Termination Date as may be mutually agreed to by the Company and the Placement Agent. The date of the last closing of the Placement Offering is hereinafter referred to as the "“Final Closing" ” and the date of any Closing hereunder is hereinafter referred to as a "“Closing Date."”

Offering Period. The offering subscription period for the Placement will continue until the earlier begin as of (a) October 16, 2006 and will terminate at 11:59 PM Eastern time on September 27December 31, 2002 or (b)the sale 2006, unless extended by mutual agreement of the Maximum Offering Company and the Placement Agent for up to an additional 30 days (the "“Termination Date"”). Provided the Minimum Offering shall have been subscribed for on or prior to the Termination Datefor, funds representing the sale thereof shall have cleared, and all conditions to closing set forth in the Agency Agreement have been satisfied or waived and neither the Company nor the Placement Agent have notified the other that they do not intend to effect the closing of the Minimum Offering. The , the first Closing (the “Initial Closing Closing”) shall take place at the offices of counsel to the Placement Agent, Loeb & LoebLoeb LLP, 345 Park Avenue000 Xxxx Xxxxxx, New YorkXxx Xxxx, New York 10154Xxx Xxxx 00000, or such other location as muxxxxxx xxxxxx xx xx xxx Xxxxxxx xxx xxx Xlacement Agent within three business days thereafterthereafter (but in no event later than three days following the Termination Date, which closing date may be accelerated or adjourned by agreement between the Company and the Placement Agent). At the Initial Closing, payment for the Units Shares issued and sold by the Company shall be made against delivery of the Notes and the Warrants comprising such UnitsShares. Subsequent closings (each of which shall be deemed a "“Closing" ” hereunder) shall take place at any time prior to the Termination Date as may be mutually agreed to by mutual agreement of the Company and the Placement Agent. The date of the last closing of the Placement Offering is hereinafter referred to as the "“Final Closing" ” and the date of any Closing hereunder is hereinafter referred to as a "“Closing Date”."

Offering Period. The offering subscription period for the Placement will continue until the earlier begin as of (a) December 18, 2001 and will terminate at 11:59 PM Eastern time on September 27February 18, 2002 or (b)the sale 2002, unless extended by mutual agreement of the Maximum Offering Company and the Placement Agent for up to an additional 30 days (the "Termination Date"). Provided the Minimum Offering shall have been subscribed for on or prior to the Termination Datefor, funds representing the sale thereof shall have cleared, and all conditions to closing set forth in the Agency Agreement have been satisfied or waived and neither the Company nor the Placement Agent have notified the other that they do not intend to effect the closing of the Minimum Offering. The , a closing (the "Initial Closing Closing") shall take place at the offices of counsel to the Placement Agent, Loeb & LoebLoeb LLP, 345 Park Avenue000 Xxxx Xxxxxx, New YorkXxx Xxxx, New York 10154Xxx Xxxx 00000, or such other location as muxxxxxx xxxxxx xx xx xxx Xxxxxxx xxx xxx Xlacement Agent within three business days thereafterthereafter (but in no event later than three days following the Termination Date, which closing date may be accelerated or adjourned by agreement between the Company and the Placement Agent. At the Initial Closing, payment for the Units issued and sold by the Company shall be made against delivery of the Notes and the Warrants Shares comprising such Units. Subsequent closings (each of which shall be deemed a "Closing" hereunder) shall take place at any time prior to the Termination Date as may be mutually agreed to by mutual agreement of the Company and the Placement Agent. The date of the last closing of the Placement Offering is hereinafter referred to as the "Final Closing" and the date of any Closing hereunder is hereinafter referred to as a "Closing Date"."

Offering Period. The offering period for the Placement will continue until the earlier of (a) 11:59 PM Eastern time on September 27, 2002 or (b)the sale of the Maximum Offering (the "Termination Date"). Provided the Minimum Offering shall have been subscribed for on or prior to the Termination Date, funds representing the sale thereof shall have cleared, and all conditions to closing in the Agency Agreement have been satisfied or waived and neither the Company nor the Placement Agent have notified the other that they do not intend to effect the closing of the Minimum Offering. The Initial Closing shall take place at the offices of counsel to the Placement Agent, Loeb & Loeb, 345 Park Avenue, New York, New York 10154, or such other location as muxxxxxx xxxxxxxx xxxxxx xx xx xxx Xxxxxxx xxx xxx Xlacement xxe Placement Agent within three business days thereafter. At the Initial Closing, payment for the Units issued and sold by the Company shall be made against delivery of the Notes and the Warrants comprising such Units. Subsequent closings (each of which shall be deemed a "Closing" hereunder) shall take place at any time prior to the Termination Date as may be mutually agreed to by the Company and the Placement Agent. The date of the last closing of the Placement is hereinafter referred to as the "Final Closing" and the date of any Closing hereunder is hereinafter referred to as a "Closing Date."

Offering Period. The offering subscription period for the Placement will continue until the earlier begin as of (a) May 17, 2002 and will terminate at 11:59 PM Eastern time on September 27June 16, 2002 or (b)the sale 2002, unless extended by mutual agreement of the Maximum Offering Company and the Placement Agent for up to an additional 30 days (the "Termination Date"). Provided that at least the Minimum Offering shall have been subscribed for on or prior to the Termination Datefor, funds representing the sale thereof shall have cleared, and all conditions to closing set forth in the Agency Agreement have been satisfied or waived waived, and neither the Company nor the Placement Agent have notified the other that they do not intend to effect the a closing of the Minimum Offering. The Offering (the "Initial Closing"), the Initial Closing shall take place at the offices of counsel to the Placement Agent, Loeb & LoebXxxxxxxxx Xxxxxxx, 345 Park AvenueLLP, New York000 Xxxx Xxxxxx, New York 10154Xxx Xxxx, Xxx Xxxx 00000 (but in no event later than three days following the Termination Date, which closing date may be accelerated or such other location as muxxxxxx xxxxxx xx xx xxx Xxxxxxx xxx xxx Xlacement Agent within three business days thereafteradjourned by agreement between the Company and the Placement Agent). At the Initial Closing, payment for the Units to be issued and sold by the Company shall be made against issuance and delivery of the Notes Unit Shares and the Warrants comprising such Units. Subsequent In addition, subsequent closings of the Offering (if applicable) may be scheduled at the discretion of the Company and Placement Agent, each of which shall be deemed a "Closing" hereunder) shall take place at any time prior to the Termination Date as may be mutually agreed to by the Company and the Placement Agent. The date of the last closing of the Placement Offering is hereinafter referred to as the "Final Closing" and the date of any Closing hereunder is hereinafter referred to as a "Closing Date."

Offering Period. The offering period for this Offering and the Concurrent Placement will continue until the earlier of (a) 11:59 PM Eastern time on September 27, 2002 or (b)the b) the sale of the Maximum Offering (the "Termination Date"). Provided the Minimum Offering shall have been subscribed for on or prior to the Termination Date, funds representing the sale thereof shall have cleared, and all conditions to closing in the Agency Agreement have been satisfied or waived and neither the Company nor the Placement Agent have notified the other that they do not intend to effect the closing of the Minimum Offering. The Initial Closing shall take place at the offices of counsel to the Placement Agent, Loeb & Loeb, 345 Park Avenue, New York, New York 10154, or such other location as muxxxxxx xxxxxxxx xxxxxx xx xx xxx Xxxxxxx xxx xxx Xlacement xxe Placement Agent within three business days thereafter. At the Initial Closing, payment for the Units Note Securities issued and sold by the Company shall be made against delivery of the Senior Notes and the Warrants comprising such UnitsSenior Note Warrants. Subsequent closings (each of which shall be deemed a "Closing" hereunder) shall take place at any time prior to the Termination Date as may be mutually agreed to by the Company and the Placement Agent. The date of the last closing of this Offering and the Concurrent Placement is hereinafter referred to as the "Final Closing" and the date of any Closing hereunder is hereinafter referred to as a "Closing Date."

Offering Period. The offering period for the Placement will continue until the earlier of (a) 11:59 PM Eastern time on September 27March 12, 2002 2004 or (b)the b) the sale of the Maximum Offering (the "“Termination Date"”). Provided the Minimum Offering shall have been subscribed for on or prior to the Termination Date, funds representing the sale thereof shall have cleared, and all conditions to closing in the Agency Agreement have been satisfied or waived and neither the Company nor the Placement Agent have notified the other that they do not intend to effect the closing of the Minimum Offering. The , the Initial Closing shall take place at the offices of counsel to the Placement AgentCompany, Loeb & LoebXxxxxxxxx Xxxxxxx LLP, 345 Park Avenue000 Xxxx Xxxxxx, New YorkXxx Xxxx, New York 10154Xxx Xxxx 00000, or such other location as muxxxxxx xxxxxx xx xx xxx Xxxxxxx xxx xxx Xlacement mutually agreed to by the Company and the Placement Agent within three business days thereafter. At the Initial Closing, payment for the Units issued and sold by the Company shall be made against delivery of the Notes and the Warrants comprising such Units. Subsequent closings (each of which shall be deemed a "“Closing" ” hereunder) shall take place at any time prior to the Termination Date as may be mutually agreed to by the Company and the Placement Agent. The date of the last closing of the Placement is hereinafter referred to as the "“Final Closing" ” and the date of any Closing hereunder is hereinafter referred to as a "“Closing Date."”

Offering Period. The offering subscription period for will begin as of June __, 2005 and will terminate at 11:59 PM New York time on October 31, 2005, unless extended by mutual agreement of the Company and the Placement will continue until the earlier of (a) 11:59 PM Eastern time on September 27, 2002 or (b)the sale of the Maximum Offering Agent for up to an additional 60 days (the "Termination Date"). Provided the Minimum Offering shall have been subscribed for on or prior to the Termination Date, funds representing the sale thereof shall have cleared, and that all conditions to closing set forth in the Agency Agreement have been satisfied or waived waived, and neither the Company nor the Placement Agent have notified the other that they do not intend to effect the a closing of the Minimum Offering. The Initial Offering (a "Closing"), a Closing shall take place at the offices of counsel to the Placement Agent, Loeb & LoebSichenzia Ross Friedman ference LLP, 345 Park Avenue1065 Axxxxx xx xxx Xxxxxxxx Avenux, New YorkXxx Xxxx, New York 10154, or such other location as muxxxxxx xxxxxx Xxx Xxxx 00000 (xxx xx xx xxx Xxxxxxx xxx xxx Xlacement Agent within three business xxxxx xxxxx xxxx xxree days thereafterfollowing the Termination Date, which closing date may be accelerated or adjourned by agreement between the Company and the Placement Agent). At the Initial Closing, payment for the Units Securities to be issued and sold by the Company shall be made against issuance and delivery of the Bridge Notes and the Warrants Shares comprising such UnitsSecurities. Subsequent In addition, subsequent closings of the Offering (if applicable) may be scheduled at the discretion of the Company and Placement Agent, each of which shall be deemed a "Closing" hereunder) shall take place at any time prior to the Termination Date as may be mutually agreed to by the Company and the Placement Agent. The date of the last closing of the Placement Offering is hereinafter referred to as the "Final Closing" and the date of any Closing hereunder is hereinafter referred to as a "Closing Date."