Payment of Purchase Price; Deliveries. On the Closing Date, (i) each Buyer shall pay its respective Purchase Price to the Company for the Common Shares and the Warrants to be issued and sold to such Buyer at the Closing, by wire transfer of immediately available funds in accordance with the Company’s written wire instructions, (less, in the case of Cranshire (as defined below), the amounts withheld pursuant to Section 4(g)) and (ii) the Company shall (A) cause OTC 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 such aggregate number of Common Shares that such Buyer is purchasing as is set forth opposite such Buyer’s name in column (3) of the Schedule of Buyers to such Buyer’s or its designee’s balance account with DTC through its Deposit/Withdrawal at Custodian system, (B) deliver to each Buyer a Warrant pursuant to which such Buyer shall have the right to initially acquire up to the aggregate number of Warrant Shares as is set forth opposite such Buyer’s name in column (4) of the Schedule of Buyers, duly executed on behalf of the Company and registered in the name of such Buyer or its designee and (C) deliver to such Buyer the other documents, instruments and certificates set forth in Section 6, duly executed on behalf of the Company.
Payment of Purchase Price; Deliveries. On the Closing Date, (x) each Buyer shall pay its respective Purchase Price to the Company for the Convertible Notes to be issued and sold to such Buyer at the Closing, by wire transfer of immediately available funds in accordance with the Company’s written wire instructions, (less, in the case of any applicable Buyer, the amounts withheld pursuant to Section 4(j)), and (y) the Company shall (A) deliver to each Buyer notes representing such aggregate number of Convertible Notes as is set forth opposite such Buyer’s name in column (2) of the Schedule of Buyers, and (B) deliver to each such Buyer the other documents, instruments and certificates set forth in Section 6 duly executed on behalf of the Company.
Payment of Purchase Price; Deliveries. On the Closing Date, (x) each Buyer shall pay its respective Purchase Price to the Company for the Preferred Shares and the Warrants to be issued and sold to such Buyer at the Closing, by wire transfer of immediately available funds in accordance with the Company’s written wire instructions, (less, in the case of any applicable Buyer, the amounts withheld pursuant to Section 4(j)), and (y) the Company shall (A) deliver to each Buyer certificates representing such aggregate number of Preferred Shares as is set forth opposite such Buyer’s name in column (3) of the Schedule of Buyers, (B) deliver to each Buyer a Warrant to initially acquire up to the aggregate number of Warrant Shares as is set forth opposite such Buyer’s name in column (4) on the Schedule of Buyers, duly executed on behalf of the Company and registered in the name of such Buyer or its designee, (C) deliver to each Buyer certificates representing such aggregate number of Commitment Shares as is set forth opposite such Buyer’s name in column (6) of the Schedule of Buyers, and (D) deliver to each such Buyer the other documents, instruments and certificates set forth in Section 6 duly executed on behalf of the Company.
Payment of Purchase Price; Deliveries. On the Closing Date, (i) each Buyer shall pay its respective Purchase Price to the Company for the Common Shares and the Warrants to be issued and sold to such Buyer at the Closing, by wire transfer of immediately available funds in accordance with the Company’s written wire instructions (less, in the case of Cranshire (as defined below), the amounts withheld pursuant to Section 4(g)) and (ii) the Company shall (A) cause Interwest Transfer Company, Inc. (together with any subsequent transfer agent, the “Transfer Agent”) through the Depository Trust Company (“DTC”) Fast Automated Securities Transfer Program, to credit such aggregate number of Common Shares that such Buyer is purchasing as is set forth opposite such Buyer’s name in column (3) on the Schedule of Buyers to such Buyer’s or its designee’s balance account with DTC through its Deposit/Withdrawal at Custodian system and (B) the Company shall deliver to such Buyer (1) (I) Series A Warrants pursuant to which such Buyer shall have the right to initially acquire up to the aggregate number of Series A Warrant Shares as is set forth opposite such Buyer’s name in column (4) on the Schedule of Buyers, (II) Series B Warrants pursuant to which such Buyer shall have the right to initially acquire up to the aggregate number of Series B Warrant Shares as is set forth opposite such Buyer’s name in column (5) on the Schedule of Buyers and (III) Series C Warrants pursuant to which such Buyer shall have the right to initially acquire up to the aggregate number of Series C Warrant Shares as is set forth opposite such Buyer’s name in column (6) on the Schedule of Buyers, in all cases, duly executed on behalf of the Company and registered in the name of such Buyer or its designee and (2) the other documents, instruments and certificates set forth in Section 6 duly executed on behalf of the Company.
Payment of Purchase Price; Deliveries. At the Closing, the Purchaser shall pay the Purchase Price in accordance with Section 2.6 above, and the parties hereto shall deliver such documents as required by Article VIII and Article IX hereof.
Payment of Purchase Price; Deliveries. On the Closing Date, (i) each Buyer shall pay its respective Purchase Price to the Company for the Common Shares and the Warrants to be issued and sold to such Buyer at the Closing, by wire transfer of immediately available funds in accordance with the Company’s written wire instructions (less, in the case of Cranshire (as defined below), the amounts withheld pursuant to Section 4(g)) and (ii) the Company shall deliver to each Buyer (A) one or more stock certificates, free and clear of all restrictive and other legends (except as expressly provided in Section 5(c) hereof), evidencing the number of Common Shares such Buyer is purchasing as is set forth opposite such Buyer’s name in column (3) of the Schedule of Buyers, and (B) Warrants to initially acquire up to the aggregate number of Series A Warrant Shares as is set forth opposite such Buyer’s name in column (4) on the Schedule of Buyers, in all cases, duly executed on behalf of the Company and registered in the name of such Buyer or its designee.
Payment of Purchase Price; Deliveries. At the Closing (i) the Buyer shall pay the aggregate Purchase Price to the Company for the Warrants by wire transfer of immediately available funds to the Company and (ii) the Company shall deliver or cause to be delivered to the Buyer physical warrant certificates evidencing the Warrants.
Payment of Purchase Price; Deliveries. On each Closing Date, (x) each Buyer shall pay its respective Purchase Price to the Company for the Convertible Notes to be issued and sold to such Buyer at such Closing, by wire transfer of immediately available funds in accordance with the Company’s written wire instructions less, in the case of any applicable Buyer, any applicable amounts withheld pursuant to Section 4(j), and (y) the Company shall deliver to each Buyer a Convertible Note in the aggregate principal amount set forth opposite such Buyer’s name in column (2) of the Schedule of Buyers.
Payment of Purchase Price; Deliveries. On the Closing Date, as to each Buyer, (i) such Buyer shall pay the aggregate Purchase Price to the Company for the Purchased ADSs and the Purchased Warrants by wire transfer of immediately available funds to an account designated by the Company not less than two (2) business days prior to the Closing Date and (ii) the Company shall, as to each Buyer, deliver or cause to be delivered to the Placement Agent on behalf of such Buyer the ADSs to be purchased by such Buyer by authorizing the release of the ADSs to the Placement Agent’s clearing firm via DWAC delivery prior to the release of the federal funds wire to the Company for payment of such ADSs and by delivering physical warrant certificates evidencing the Purchased Warrants. Thereafter, the Placement Agent shall deliver, or cause to be delivered to each such Buyer, the Purchased ADSs and the Purchased Warrants to be purchased by such Buyer in accordance with the instructions provided by the Buyer on its executing broker’s account and the Placement Agent shall deliver, or cause to be delivered, to the Company, the aggregate purchase price for the Purchased ADSs and Purchased Warrants purchased by such Buyer, minus any applicable fees and disbursements (including the any commissions payable to the Placement Agent pursuant to the Placement Agent Agreement). The Company acknowledges and agrees that the settlement procedure described above is being provided to the Company as an accommodation solely upon the Company’s request.
Payment of Purchase Price; Deliveries. At the Closing, the Transferee shall pay and deliver, or cause to be paid or delivered, the Closing Proceeds in accordance with Section 2.7 above, and the parties hereto shall deliver such documents as required by Article IX and Article X hereof.
