Common use of Purchase Price and Closing Clause in Contracts

Purchase Price and Closing. The Company agrees to issue and sell to the Purchasers and, in consideration of and in express reliance upon the representations, warranties, covenants, terms and conditions of this Agreement, the Purchasers, severally but not jointly, agree to purchase the Notes, Warrants and AIRs, in the amounts as set forth opposite their respective names on Exhibit A. The closing of the purchase and sale of the Notes, Warrants and AIRs to be acquired by the Purchasers from the Company under this Agreement shall take place at the offices of Xxxxxx X. Garden, P.C., 000 Xxxxxxxx Xxxxx, Xxxxx 000, Xxxxxx, Xxxxx 00000 (the "Closing") at 3:00 p.m., Central Time (i) on or before May 16, 2005, provided, that all of the conditions set forth in Article IV hereof and applicable to the Closing shall have been fulfilled or waived in accordance herewith, or (ii) at such other time and place or on such date as the Purchasers and the Company may agree upon (the "Closing Date"). The entire Purchase Price shall be paid by the Purchasers in cash, by wire transfer or in readily available funds.

Purchase Price and Closing. The Company agrees to issue and sell to the Purchasers and, in consideration of and in express reliance upon the representations, warranties, covenants, terms and conditions of this Agreement, the Purchasers, severally but not jointly, agree to purchase the Notes, number of Shares and Warrants and AIRs, in the amounts as set forth on the signature page hereof and opposite their respective names on Exhibit A. The closing of the purchase and sale of the Notes, Shares and Warrants and AIRs to be acquired by the Purchasers from the Company under this Agreement shall take place at the offices of Xxxxxx X. Gardenthe Company located at 00000 Xxxxxxx Xxxxxxxxx, P.C.0xx Xxxxx, 000 Xxxxxxxx Xxxxx, Xxxxx 000, Xxxxxx, Xxxxx Xxxxxxxxxx 00000 (the "“Closing"”) at 3:00 p.m.10:00 a.m., Central Pacific Time (i) on or before May 16March 18, 20052010, provided, that all of the conditions set forth in Article IV hereof and applicable to the Closing shall have been fulfilled or waived in accordance herewith, or (ii) at such other time and place or on such date as the Purchasers and the Company may agree upon (the "“Closing Date"”). The entire Purchase Price payable by each Purchaser shall be paid by the Purchasers payable in cash, by wire transfer or in readily immediately available funds, at the Closing.

Purchase Price and Closing. The Company agrees to issue and sell to the Purchasers and, in consideration of and in express reliance upon the representations, warranties, covenants, terms and conditions of this Agreement, the Purchasers, severally but not jointly, agree to purchase the Notesnumber of Shares and, with respect to the Non-Management Purchasers, the Warrants and AIRs, in the amounts as set forth opposite their respective names on Exhibit A. The closing of the purchase and sale of the Notes, Shares and Warrants and AIRs to be acquired by the Purchasers from the Company under this Agreement (the "Closing") shall take place at the offices of the Company located at 00000 Xxxxxx X. Garden, P.C., 000 Xxxxxxxx Xxxxx, Xxxxx 000, Xxxxxx, Xxxxx Xxxxxxxxxx 00000 (the "Closing") at 3:00 p.m.10:00 a.m., Central Pacific Time (i) on or before May 1631, 20052009, provided, that all of the conditions set forth in Article IV hereof and applicable to the Closing shall have been fulfilled or waived in accordance herewith, or (ii) at such other time and place or on such date as the Purchasers and the Company may agree upon (the "Closing Date"). The entire Purchase Price shall be paid by the Purchasers in cash, by wire transfer or in readily available funds.

Purchase Price and Closing. The Company agrees to issue and sell to the Purchasers and, in consideration of and in express reliance upon the representations, warranties, covenants, terms and conditions of this Agreement, the Purchasers, severally but not jointly, agree to purchase that number of the Notes, Warrants and AIRs, in the amounts as shares of Common Stock set forth opposite their respective names on Exhibit A. A (the “Shares”). The aggregate purchase price of the Shares being acquired by each Purchaser is set forth opposite such Purchaser’s name on Exhibit A (for each such purchaser, the "Purchase Price" and collectively referred to as the "Purchase Prices"). The closing of the purchase and sale of the Notes, Warrants and AIRs Shares to be acquired by the Purchasers from the Company under this Agreement shall take place at the offices of Xxxxxx X. Garden, P.C.Xxxx Xxxxxxxxx LLP, 000 Xxxxxxxx Xxxxx, Xxxxx 000, Xxxxxx, Xxxxx Xxx Xxxx, XX 00000 (the "Closing") at 3:00 p.m.10:00 a.m., Central Time New York time on (i) the date on which the last to be fulfilled or before May 16, 2005, provided, that all waived of the conditions set forth in Article IV hereof and applicable to the such Closing shall have been be fulfilled or waived in accordance herewith, herewith or (ii) at such other time and place or on such date as the Purchasers and the Company may agree upon (the "Closing Date"). The entire Purchase Price shall be paid by the Purchasers in cash, by wire transfer or in readily available funds.

Purchase Price and Closing. The Company agrees to issue and sell to the Purchasers and, in consideration of and in express reliance upon the representations, warranties, covenants, terms and conditions of this Agreement, the Purchasers, severally but not jointly, agree to purchase the Notes, Warrants Notes and AIRsWarrants, in the amounts as set forth opposite their respective names on Exhibit A. The closing of the purchase and sale of the Notes, Notes and Warrants and AIRs to be acquired by the Purchasers from the Company under this Agreement shall take place at the offices of Xxxxxx X. Garden, P.C., 000 Xxxxxxxx Xxxxx, Xxxxx 000, Xxxxxx, Xxxxx 00000 (the "Closing") at 3:00 p.m.10:00 a.m., Central Time (i) on or before May 16April 27, 20052007, provided, that all of the conditions set forth in Article IV hereof and applicable to the Closing shall have been fulfilled or waived in accordance herewith, or (ii) at such other time and place or on such date as the Purchasers and the Company may agree upon (the "Closing Date"). The entire Purchase Price shall be paid by the Purchasers in cash, by wire transfer or in readily available funds.

Purchase Price and Closing. The Company agrees to issue and sell to the Purchasers and, in consideration of and in express reliance upon the representations, warranties, covenants, terms and conditions of this Agreement, the Purchasers, severally but not jointly, agree to purchase the Notes, number of Shares and Warrants and AIRs, in the amounts as set forth on the signature page hereof and opposite their respective names on Exhibit A. The closing of the purchase and sale of the Notes, Shares and Warrants and AIRs to be acquired by the Purchasers from the Company under this Agreement shall take place at the offices of Xxxxxx X. Gardenthe Company located at 00000 Xxxxxxx Xxxxxxxxx, P.C.0xx Xxxxx, 000 Xxxxxxxx Xxxxx, Xxxxx 000, Xxxxxx, Xxxxx Xxxxxxxxxx 00000 (the "“Closing"”) at 3:00 p.m.10:00 a.m., Central Pacific Time (i) on or before May 1612, 20052010, provided, that all of the conditions set forth in Article IV hereof and applicable to the Closing shall have been fulfilled or waived in accordance herewith, or (ii) at such other time and place or on such date as the Purchasers and the Company may agree upon (the "“Closing Date"”). The entire Purchase Price payable by each Purchaser shall be paid by the Purchasers payable in cash, by wire transfer or in readily immediately available funds, at the Closing.

Purchase Price and Closing. The Company agrees to issue and sell to the Purchasers and, in consideration of and in express reliance upon the representations, warranties, covenants, terms and conditions of this Agreement, the Purchasers, severally but not jointly, agree to purchase the Notes, Warrants and AIRs, in the amounts as set forth opposite their respective names on Exhibit A. The closing of the purchase and sale of the Notes, Warrants and AIRs to be acquired by the Purchasers from the Company under this Agreement shall take place at the offices of the Company located at 9000 Xxxx Xxxxxx X. Garden, P.C., 000 Xxxxxxxx XxxxxXxxx, Xxxxx 000, XxxxxxXxxxx Xxxxxxx, Xxxxx Xxxxxxx 00000 (the "Closing") at 3:00 p.m.10:00 a.m., Central Eastern Time (i) on or before May 16February 25, 2005, provided, that all of the conditions set forth in Article IV hereof and applicable to the Closing shall have been fulfilled or waived in accordance herewith, or (ii) at such other time and place or on such date as the Purchasers and the Company may agree upon (the "Closing Date"). The entire Purchase Price shall be paid by the Purchasers in cash, by wire transfer or in readily available funds.

Purchase Price and Closing. The Company agrees to issue and sell to the Purchasers and, in consideration of and in express reliance upon the representations, warranties, covenants, terms and conditions of this Agreement, the Purchasers, severally but not jointly, agree to purchase the Notes, number of Shares and Warrants and AIRs, in the amounts as set forth opposite their respective names on Exhibit A. The closing of the purchase and sale of the Notes, Shares and Warrants and AIRs (the "Closing") to be acquired by the Purchasers from the Company under this Agreement shall take place at the offices of Xxxxxx X. Garden, P.C., 000 Xxxxxxxx the Company located at 00000 Xxxxxxx Xxxxx, Xxxxx 000, Xxxxxx, Xxxxx Xxxxxxxxxx 00000 (the "Closing") at 3:00 p.m.10:00 a.m., Central Pacific Time (i) on or before May 16August 5, 20052003, provided, that all of the conditions set forth in Article IV hereof and applicable to the Closing shall have been fulfilled or waived in accordance herewith, or (ii) at such other time and place or on such date as the Purchasers and the Company may agree upon (such date is hereinafter referred to as the "Closing Date"). The entire Purchase Price shall be paid by the Purchasers in cash, by wire transfer or in of readily available funds., to the following account:

Purchase Price and Closing. The Company agrees to issue and sell to the Purchasers and, in consideration of and in express reliance upon the representations, warranties, covenants, terms and conditions of this Agreement, the Purchasers, severally but not jointly, agree to purchase the Notes, number of Shares and Warrants and AIRs, in the amounts as set forth opposite their respective names on Exhibit A. The closing of the purchase and sale of the Notes, Shares and Warrants and AIRs (the "Closing") to be acquired by the Purchasers from the Company under this Agreement shall take place at the offices of Xxxxxx X. Garden, P.C., 000 Xxxxxxxx the Company located at 00000 Xxxxxxx Xxxxx, Xxxxx 000, Xxxxxx, Xxxxx Xxxxxxxxxx 00000 (the "Closing") at 3:00 2:00 p.m., Central Pacific Time (i) on or before May 16September 12, 20052003, provided, that all of the conditions set forth in Article IV hereof and applicable to the Closing shall have been fulfilled or waived in accordance herewith, or (ii) at such other time and place or on such date as the Purchasers and the Company may agree upon (such date is hereinafter referred to as the "Closing Date"). The entire Purchase Price shall be paid by the Purchasers in cash, by wire transfer or in of readily available funds., to the following account:

Purchase Price and Closing. The (a) Subject to the terms and conditions hereof, the Company agrees to issue and sell to the Purchasers and, in consideration of and in express reliance upon the representations, warranties, covenants, terms and conditions of this Agreement, the Purchasers, severally but and not jointly, agree to purchase the NotesSecurities (as defined in Section 1.3(b)) for an aggregate initial purchase price of $6,003,113.04, without giving effect to the potential mandatory exercise of the Cash Warrants and AIRs(the “Purchase Price”). At the Closing, in each Purchaser shall deliver the amounts applicable portion of the Purchase Price as set forth opposite their respective names indicated on Exhibit A. A hereto by wire transfer of immediately available funds to the Company. (b) The closing of the purchase and sale of the Notes, Warrants and AIRs to be acquired by the Purchasers from the Company under this Agreement (the “Closing”) shall take place at the offices of Xxxxxx X. Garden, P.C., 000 Xxxxxxxx Xxxxx, Xxxxx 000, Xxxxxx, Xxxxx 00000 (the "Closing") at 3:00 p.m., Central Time (i) on or before May 1628, 20052010 (the “Closing Date”), provided, that all of the conditions set forth in Article IV 5 hereof and applicable to the Closing shall have been fulfilled or waived in accordance herewith. The Closing shall take place at the offices of the Company, 0000 Xxxxxxxxx Xxxxx, 0xx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx 00000 at 2:00 p.m. Pacific Standard Time, or (ii) at such other time and place or on such date as the Purchasers parties may agree. Subject to the terms and conditions of this Agreement, at the Closing, each Purchaser shall purchase and the Company may agree upon (shall issue and deliver or cause to be delivered to each Purchaser Securities in the "Closing Date"). The entire Purchase Price shall be paid by amounts set forth opposite the Purchasers in cash, by wire transfer or in readily available fundsname of such Purchaser on Exhibit A hereto.

Purchase Price and Closing. The Company agrees to issue and sell to the Purchasers and, in consideration of and in express reliance upon the representations, warranties, covenants, terms and conditions of this Agreement, the Purchasers, severally but not jointly, agree to purchase the Notesnumber of Shares, Warrants and AIRs, in the amounts as AIRs set forth opposite their respective names on Exhibit A. The closing of the purchase and sale of the NotesShares, Warrants and AIRs to be acquired by the Purchasers from the Company under this Agreement shall take place at the offices of Xxxxxx X. Garden, P.C., the Company located at 000 Xxxxxxxx Xxxxx, Xxxxx 000, Xxxxxxx Xxxxxx, Xxxxx Xxxxxxxxxx, Xxxxxxxxxxxxx 00000 (the "“Closing"”) at 3:00 p.m.10:00 a.m., Central Eastern Time (i) on or before May 16December 22, 20052004, provided, that all of the conditions set forth in Article IV hereof and applicable to the Closing shall have been fulfilled or waived in accordance herewith, or (ii) at such other time and place or on such date as the Purchasers and the Company may agree upon (the "“Closing Date"”). The entire Purchase Price shall be paid by the Purchasers in cash, by wire transfer or in readily available funds.

Purchase Price and Closing. The Company agrees to issue and sell to the Purchasers and, in consideration of and in express reliance upon the representations, warranties, covenants, terms and conditions of this Agreement, the Purchasers, severally but not jointly, agree to purchase the Notes, number of Shares and Warrants and AIRs, in the amounts as set forth on the signature page hereof and opposite their respective names on Exhibit A. The closing of the purchase and sale of the Notes, Shares and Warrants and AIRs to be acquired by the Purchasers from the Company under this Agreement shall take place at the offices of Xxxxxx X. Gardenthe Company located at 00000 Xxxxxxx Xxxxxxxxx, P.C.0xx Xxxxx, 000 Xxxxxxxx Xxxxx, Xxxxx 000, Xxxxxx, Xxxxx Xxxxxxxxxx 00000 (the "“Closing"”) at 3:00 p.m.10:00 a.m., Central Pacific Time (i) on or before May 16November __, 20052013, provided, that all of the conditions set forth in Article IV hereof and applicable to the Closing shall have been fulfilled or waived in accordance herewith, or (ii) at such other time and place or on such date as the Purchasers and the Company may agree upon (the "“Closing Date"”). The entire Purchase Price payable by each Purchaser shall be paid by the Purchasers payable in cash, by wire transfer or in readily immediately available funds, at the Closing.