Sale and Delivery of the Units Clause Samples

Sale and Delivery of the Units. On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth (including, without limitation, acceptance of this subscription by the company), the Company agrees to sell to the Purchaser, and the Purchaser agrees to purchase from the Company, the number of Units set forth in Section 3 of this Agreement for the aggregate purchase price set forth in Section 3. The completion of the issue and sale of the Units by the Company to the Purchaser pursuant to this Agreement (the "Closing") shall take place at 10:00 a.m. (Mountain time) on October 31, 2005, at the principal offices of the Company in Dragoon Arizona, or at such later time and/or date, and/or at such other place, as the Company may elect in its sole discretion by notice in writing (the "Extension Notice") to the Purchaser; provided that the Election Notice is sent to the Purchaser not less than twenty-four hours prior to the scheduled time for Closing. For greater certainty, the Company may provide successive Extension Notices to the Purchaser. Certificates representing the aggregate number of shares of Common Stock and Purchase Warrants will be delivered to the Purchaser at Closing, subject to receipt by the Company of the purchase price for the Units, in United States Dollars, in immediately available funds. Payment may be effected by certified check or bank draft drawn on a major United States bank or by electronic transfer of immediately available funds to a bank account nominated by the Company pursuant to wire instructions to be provided to the Purchaser by the Company upon written request.