Common use of Settlement Dates Clause in Contracts

Settlement Dates. The closing, if any, of the purchase and sale ---------------- of the Shares under this Agreement will take place at the offices of Xxxxx Xxxx LLP ("XXXXX XXXX"), 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, on the settlement dates set forth below. Subject to the terms and conditions of this Agreement, the Shares will be issued, delivered and paid for on up to five settlement dates (if any). (1) The first settlement date (if any) will occur on the fourth (4th) Trading Day (as defined below) following (and including) the Press Release Date (the "FIRST SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the First Settlement Date, the Company will issue and deliver to the Purchaser and the Purchaser shall pay for 2,500,000 Shares (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or (3)). (2) The second settlement date (if any) will occur on the seventh (7th) Trading Day following (and including) the Press Release Date (the "SECOND SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Second Settlement Date, the Company will issue and deliver to the Purchaser and the Purchaser shall pay for 5,000,000 Shares less the number of any Shares purchased by the Purchaser on the First Settlement Date (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or (3)). (3) The third settlement date (if any) will occur on the tenth (10th) Trading Day following (and including) the Press Release Date (the "THIRD SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Third Settlement Date, the Company will issue and deliver to the Purchaser and the Purchaser shall pay for 7,500,000 Shares less the number of any Shares purchased by the Purchaser on the First Settlement Date and the Second Settlement Date (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or (3)). (4) The fourth settlement date (if any) will occur on the thirteenth (13th) Trading Day following (and including) the Press Release Date (the "FOURTH SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Fourth Settlement Date, the Company will issue and deliver to the Purchaser and the Purchaser shall pay for 10,000,000 Shares less the number of any Shares purchased by the Purchaser on the First Settlement Date, the Second Settlement Date and the Third Settlement Date (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or (3)). (5) The fifth settlement date (if any) will occur on the sixteenth (16th) Trading Day following (and including) the Press Release Date (the "FIFTH SETTLEMENT DATE" and together with the First Settlement Date, the Second Settlement Date, the Third Settlement Date and the Fourth Settlement Date, collectively, a "SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Fifth Settlement Date, the Company will issue and deliver to the Purchaser and the Purchaser shall pay for 12,500,000 Shares less the number of any Shares purchased by the Purchaser on the First Settlement Date, the Second Settlement Date, the Third Settlement Date and the Fourth Settlement Date (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or (3)).

Settlement Dates. The closing, if any, of the purchase and sale ---------------- of the Shares under this Agreement will take place at the offices of Xxxxx Xxxx LLP ("XXXXX XXXX"), 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, on the settlement dates set forth below. Subject to the terms and conditions of this Agreement, the Shares will be issued, delivered and paid for on up to five three settlement dates (if any). (1) The first settlement date (if any) will occur on the fourth (4th) Trading Day (as defined below) following (and including) the Press Release Date (the "FIRST SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the First Settlement Date, the Company will issue and deliver to the Purchaser and the Purchaser shall pay for 2,500,000 2,833,333 Shares (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or (3)). (2) The second settlement date (if any) will occur on the seventh (7th) Trading Day following (and including) the Press Release Date (the "SECOND SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Second Settlement Date, the Company will issue and deliver to the Purchaser and the Purchaser shall pay for 5,000,000 5,666,666 Shares less the number of any Shares purchased by the Purchaser on the First Settlement Date (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or (3)). (3) The third settlement date (if any) will occur on the tenth (10th) Trading Day following (and including) the Press Release Date (the "THIRD SETTLEMENT DATE" and together with the First Settlement Date and the Second Settlement Date, collectively, a "SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Third Settlement Date, the Company will issue and deliver to the Purchaser and the Purchaser shall pay for 7,500,000 8,500,000 Shares less the number of any Shares purchased by the Purchaser on the First Settlement Date and the Second Settlement Date (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or (3)). (4) The fourth settlement date (if any) will occur on the thirteenth (13th) Trading Day following (and including) the Press Release Date (the "FOURTH SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Fourth Settlement Date, the Company will issue and deliver to the Purchaser and the Purchaser shall pay for 10,000,000 Shares less the number of any Shares purchased by the Purchaser on the First Settlement Date, the Second Settlement Date and the Third Settlement Date (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or (3)). (5) The fifth settlement date (if any) will occur on the sixteenth (16th) Trading Day following (and including) the Press Release Date (the "FIFTH SETTLEMENT DATE" and together with the First Settlement Date, the Second Settlement Date, the Third Settlement Date and the Fourth Settlement Date, collectively, a "SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Fifth Settlement Date, the Company will issue and deliver to the Purchaser and the Purchaser shall pay for 12,500,000 Shares less the number of any Shares purchased by the Purchaser on the First Settlement Date, the Second Settlement Date, the Third Settlement Date and the Fourth Settlement Date (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or (3)).

Settlement Dates. The closing, if any, of the purchase ---------------- and sale ---------------- of the Shares under this Agreement will take place at the offices of Xxxxx Xxxx LLP ("XXXXX XXXX")Proskauer Rose LLP, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, on the settlement dates set forth below. Subject to the terms and conditions of this Agreement, the Shares will be issued, delivered and paid for on up to five ten settlement dates (if any).) as follows: (1) The first settlement date (if any) will occur on the fourth (4th) Trading Day (as defined below) following (and including) the Press Release Date (the "FIRST SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the First Settlement Date, the Company will issue and deliver to the Purchaser Purchaser, and the Purchaser shall pay for 2,500,000 purchase from the Company, 142,857 Shares (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or and (3)). (2) The second settlement date (if any) will occur on the seventh (7th) Trading Day following (and including) the Press Release Date (the "SECOND SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Second Settlement Date, the Company will issue and deliver to the Purchaser Purchaser, and the Purchaser shall pay for 5,000,000 purchase from the Company, 285,714 Shares less the number of any Shares purchased by the Purchaser on the First Settlement Date (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or and (3)). (3) The third settlement date (if any) will occur on the tenth (10th) Trading Day following (and including) the Press Release Date (the "THIRD SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Third Settlement Date, the Company will issue and deliver to the Purchaser Purchaser, and the Purchaser shall pay for 7,500,000 purchase from the Company, 428,571 Shares less the aggregate number of any Shares purchased by the Purchaser on the First all previous Settlement Date and the Second Settlement Date Dates (as defined below) (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or and (3)). (4) The fourth settlement date (if any) will occur on the thirteenth (13th) Trading Day following (and including) the Press Release Date (the "FOURTH SETTLEMENT DATE", and together with the First Settlement Date, Second Settlement Date, Third Settlement Date and Fourth Settlement Date, collectively, the "SETTLEMENT DATES", and each individually, a "SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Fourth Settlement Date, the Company will issue and deliver to the Purchaser Purchaser, and the Purchaser shall pay for 10,000,000 purchase from the Company, 571,429 Shares less the aggregate number of any Shares purchased by the Purchaser on the First all previous Settlement Date, the Second Settlement Date and the Third Settlement Date Dates (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or and (3)). (5) The fifth settlement date (if any) will occur on the sixteenth (16th) Trading Day following (and including) the Press Release Date (the "FIFTH SETTLEMENT DATE" and together with the First Settlement Date, the Second Settlement Date, the Third Settlement Date and the Fourth Settlement Date, collectively, a "SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Fifth Settlement Date, the Company will issue and deliver to the Purchaser and the Purchaser shall pay for 12,500,000 Shares less the number of any Shares purchased by the Purchaser on the First Settlement Date, the Second Settlement Date, the Third Settlement Date and the Fourth Settlement Date (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or (3)).

Settlement Dates. The closing, if any, of the purchase and sale ---------------- of the Shares under this Agreement will take place at the offices of Xxxxx Xxxx LLP ("XXXXX XXXX"), 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, on the settlement dates set forth below. Subject to the terms and conditions of this Agreement, the Shares will be issued, delivered and paid for on up to five three settlement dates (if any). (1) The first settlement date (if any) will occur on the fourth (4th) Trading Day (as defined below) following (and including) the Press Release Date (the "FIRST SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the First Settlement Date, the Company will issue and deliver to the Purchaser and the Purchaser shall pay for 2,500,000 1,333,333 Shares (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or (3)). (2) The second settlement date (if any) will occur on the seventh (7th) Trading Day following (and including) the Press Release Date (the "SECOND SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Second Settlement Date, the Company will issue and deliver to the Purchaser and the Purchaser shall pay for 5,000,000 2,666,666 Shares less the number of any Shares purchased by the Purchaser on the First Settlement Date (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or (3)). (3) The third settlement date (if any) will occur on the tenth (10th) Trading Day following (and including) the Press Release Date (the "THIRD SETTLEMENT DATE" and together with the First Settlement Date and the Second Settlement Date, collectively, a "SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Third Settlement Date, the Company will issue and deliver to the Purchaser and the Purchaser shall pay for 7,500,000 4,000,000 Shares less the number of any Shares purchased by the Purchaser on the First Settlement Date and the Second Settlement Date (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or (3)). (4) The fourth settlement date (if any) will occur on the thirteenth (13th) Trading Day following (and including) the Press Release Date (the "FOURTH SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Fourth Settlement Date, the Company will issue and deliver to the Purchaser and the Purchaser shall pay for 10,000,000 Shares less the number of any Shares purchased by the Purchaser on the First Settlement Date, the Second Settlement Date and the Third Settlement Date (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or (3)). (5) The fifth settlement date (if any) will occur on the sixteenth (16th) Trading Day following (and including) the Press Release Date (the "FIFTH SETTLEMENT DATE" and together with the First Settlement Date, the Second Settlement Date, the Third Settlement Date and the Fourth Settlement Date, collectively, a "SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Fifth Settlement Date, the Company will issue and deliver to the Purchaser and the Purchaser shall pay for 12,500,000 Shares less the number of any Shares purchased by the Purchaser on the First Settlement Date, the Second Settlement Date, the Third Settlement Date and the Fourth Settlement Date (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or (3)).

Settlement Dates. The closing, if any, of the purchase and sale ---------------- of the Shares under this Agreement will take place at the offices of Xxxxx Xxxx LLP ("XXXXX XXXX"), 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, on the settlement dates set forth below. Subject to the terms and conditions of this Agreement, the Shares will be issued, delivered and paid for on up to five three settlement dates (if any). (1) The first settlement date (if any) will occur on the fourth (4th) Trading Day (as defined below) following (and including) the Press Release Date (the "FIRST SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the First Settlement Date, the Company will issue and deliver to the Purchaser and the Purchaser shall pay for 2,500,000 1,333,334 Shares (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or (3)). (2) The second settlement date (if any) will occur on the seventh (7th) Trading Day following (and including) the Press Release Date (the "SECOND SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Second Settlement Date, the Company will issue and deliver to the Purchaser and the Purchaser shall pay for 5,000,000 2,666,666 Shares less the number of any Shares purchased by the Purchaser on the First Settlement Date (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or (3)). (3) The third settlement date (if any) will occur on the tenth (10th) Trading Day following (and including) the Press Release Date (the "THIRD SETTLEMENT DATE" and together with the First Settlement Date and the Second Settlement Date, collectively, a "SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Third Settlement Date, the Company will issue and deliver to the Purchaser and the Purchaser shall pay for 7,500,000 4,000,000 Shares less the number of any Shares purchased by the Purchaser on the First Settlement Date and the Second Settlement Date (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or (3)). (4) The fourth settlement date (if any) will occur on the thirteenth (13th) Trading Day following (and including) the Press Release Date (the "FOURTH SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Fourth Settlement Date, the Company will issue and deliver to the Purchaser and the Purchaser shall pay for 10,000,000 Shares less the number of any Shares purchased by the Purchaser on the First Settlement Date, the Second Settlement Date and the Third Settlement Date (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or (3)). (5) The fifth settlement date (if any) will occur on the sixteenth (16th) Trading Day following (and including) the Press Release Date (the "FIFTH SETTLEMENT DATE" and together with the First Settlement Date, the Second Settlement Date, the Third Settlement Date and the Fourth Settlement Date, collectively, a "SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Fifth Settlement Date, the Company will issue and deliver to the Purchaser and the Purchaser shall pay for 12,500,000 Shares less the number of any Shares purchased by the Purchaser on the First Settlement Date, the Second Settlement Date, the Third Settlement Date and the Fourth Settlement Date (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or (3)).

Settlement Dates. The closing, if any, of the purchase and ---------------- sale ---------------- of the Shares under this Agreement will take place at the offices of Xxxxx Xxxx LLP ("XXXXX XXXX")Proskauer Rose LLP, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, on the settlement dates set forth below. Subject to the terms and conditions of this Agreement, the Shares will be issued, delivered and paid for on up to five ten settlement dates (if any).) as follows: (1) The first settlement date (if any) will occur on the fourth (4th) Trading Day (as defined below) following (and including) the Press Release Date (the "FIRST SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the First Settlement Date, the Company will issue and deliver to the Purchaser Purchaser, and the Purchaser shall pay for 2,500,000 purchase from the Company, 133,333 Shares (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or and (3)). (2) The second settlement date (if any) will occur on the seventh (7th) Trading Day following (and including) the Press Release Date (the "SECOND SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Second Settlement Date, the Company will issue and deliver to the Purchaser Purchaser, and the Purchaser shall pay for 5,000,000 purchase from the Company, 266,666 Shares less the number of any Shares purchased by the Purchaser on the First Settlement Date (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or and (3)). (3) The third settlement date (if any) will occur on the tenth (10th) Trading Day following (and including) the Press Release Date (the "THIRD SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Third Settlement Date, the Company will issue and deliver to the Purchaser Purchaser, and the Purchaser shall pay for 7,500,000 purchase from the Company, 399,999 Shares less the aggregate number of any Shares purchased by the Purchaser on the First all previous Settlement Date and the Second Settlement Date Dates (as defined below) (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or and (3)). (4) The fourth settlement date (if any) will occur on the thirteenth (13th) Trading Day following (and including) the Press Release Date (the "FOURTH SETTLEMENT DATE", and together with the First Settlement Date, Second Settlement Date, Third Settlement Date and Fourth Settlement Date, collectively, the "SETTLEMENT DATES", and each individually, a "SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Fourth Settlement Date, the Company will issue and deliver to the Purchaser Purchaser, and the Purchaser shall pay for 10,000,000 purchase from the Company, 533,332 Shares less the aggregate number of any Shares purchased by the Purchaser on the First all previous Settlement Date, the Second Settlement Date and the Third Settlement Date Dates (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or and (3)). (5) The fifth settlement date (if any) will occur on the sixteenth (16th) Trading Day following (and including) the Press Release Date (the "FIFTH SETTLEMENT DATE" and together with the First Settlement Date, the Second Settlement Date, the Third Settlement Date and the Fourth Settlement Date, collectively, a "SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Fifth Settlement Date, the Company will issue and deliver to the Purchaser and the Purchaser shall pay for 12,500,000 Shares less the number of any Shares purchased by the Purchaser on the First Settlement Date, the Second Settlement Date, the Third Settlement Date and the Fourth Settlement Date (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or (3)).

Settlement Dates. The closing, if any, of the purchase ---------------- and sale ---------------- of the Shares under this Agreement will take place at the offices of Xxxxx Xxxx LLP ("XXXXX XXXX")Proskauer Rose LLP, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, on the settlement dates set forth below. Subject to the terms and conditions of this Agreement, the Shares will be issued, delivered and paid for on up to five ten settlement dates (if any).) as follows: (1) The first settlement date (if any) will occur on the fourth (4th) Trading Day (as defined below) following (and including) the Press Release Date (the "FIRST SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the First Settlement Date, the Company will issue and deliver to the Purchaser Purchaser, and the Purchaser shall pay for 2,500,000 purchase from the Company, 750,000 Shares (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or and (3)). (2) The second settlement date (if any) will occur on the seventh (7th) Trading Day following (and including) the Press Release Date (the "SECOND SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Second Settlement Date, the Company will issue and deliver to the Purchaser Purchaser, and the Purchaser shall pay for 5,000,000 purchase from the Company, 1,500,000 Shares less the number of any Shares purchased by the Purchaser on the First Settlement Date (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or and (3)). (3) The third settlement date (if any) will occur on the tenth (10th) Trading Day following (and including) the Press Release Date (the "THIRD SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Third Settlement Date, the Company will issue and deliver to the Purchaser Purchaser, and the Purchaser shall pay for 7,500,000 purchase from the Company, 2,250,000 Shares less the aggregate number of any Shares purchased by the Purchaser on the First all previous Settlement Date and the Second Settlement Date Dates (as defined below) (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or and (3)). (4) The fourth settlement date (if any) will occur on the thirteenth (13th) Trading Day following (and including) the Press Release Date (the "FOURTH SETTLEMENT DATE", and together with the First Settlement Date, Second Settlement Date, Third Settlement Date and Fourth Settlement Date, collectively, the "SETTLEMENT DATES", and each individually, a "SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Fourth Settlement Date, the Company will issue and deliver to the Purchaser Purchaser, and the Purchaser shall pay for 10,000,000 purchase from the Company, 3,000,000 Shares less the aggregate number of any Shares purchased by the Purchaser on the First all previous Settlement Date, the Second Settlement Date and the Third Settlement Date Dates (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or and (3)). (5) The fifth settlement date (if any) will occur on the sixteenth (16th) Trading Day following (and including) the Press Release Date (the "FIFTH SETTLEMENT DATE" and together with the First Settlement Date, the Second Settlement Date, the Third Settlement Date and the Fourth Settlement Date, collectively, a "SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Fifth Settlement Date, the Company will issue and deliver to the Purchaser and the Purchaser shall pay for 12,500,000 Shares less the number of any Shares purchased by the Purchaser on the First Settlement Date, the Second Settlement Date, the Third Settlement Date and the Fourth Settlement Date (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or (3)).

Settlement Dates. The closing, if any, of the purchase and ---------------- sale ---------------- of the Shares under this Agreement will take place at the offices of Xxxxx Xxxx LLP ("XXXXX XXXX")Proskauer Rose LLP, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, on the settlement dates set forth below. Subject to the terms and conditions of this Agreement, the Shares will be issued, delivered and paid for on up to five ten settlement dates (if any).) as follows: (1) The first settlement date (if any) will occur on the fourth (4th) Trading Day (as defined below) following (and including) the Press Release Date (the "FIRST SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the First Settlement Date, the Company will issue and deliver to the Purchaser Purchaser, and the Purchaser shall pay for 2,500,000 purchase from the Company, 200,000 Shares (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or and (3)). (2) The second settlement date (if any) will occur on the seventh (7th) Trading Day following (and including) the Press Release Date (the "SECOND SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Second Settlement Date, the Company will issue and deliver to the Purchaser Purchaser, and the Purchaser shall pay for 5,000,000 purchase from the Company, 400,000 Shares less the number of any Shares purchased by the Purchaser on the First Settlement Date (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or and (3)). (3) The third settlement date (if any) will occur on the tenth (10th) Trading Day following (and including) the Press Release Date (the "THIRD SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Third Settlement Date, the Company will issue and deliver to the Purchaser Purchaser, and the Purchaser shall pay for 7,500,000 purchase from the Company, 600,000 Shares less the aggregate number of any Shares purchased by the Purchaser on the First all previous Settlement Date and the Second Settlement Date Dates (as defined below) (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or and (3)). (4) The fourth settlement date (if any) will occur on the thirteenth (13th) Trading Day following (and including) the Press Release Date (the "FOURTH SETTLEMENT DATE", and together with the First Settlement Date, Second Settlement Date, Third Settlement Date and Fourth Settlement Date, collectively, the "SETTLEMENT DATES", and each individually, a "SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Fourth Settlement Date, the Company will issue and deliver to the Purchaser Purchaser, and the Purchaser shall pay for 10,000,000 purchase from the Company, 800,000 Shares less the aggregate number of any Shares purchased by the Purchaser on the First all previous Settlement Date, the Second Settlement Date and the Third Settlement Date Dates (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or and (3)). (5) The fifth settlement date (if any) will occur on the sixteenth (16th) Trading Day following (and including) the Press Release Date (the "FIFTH SETTLEMENT DATE" and together with the First Settlement Date, the Second Settlement Date, the Third Settlement Date and the Fourth Settlement Date, collectively, a "SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Fifth Settlement Date, the Company will issue and deliver to the Purchaser and the Purchaser shall pay for 12,500,000 Shares less the number of any Shares purchased by the Purchaser on the First Settlement Date, the Second Settlement Date, the Third Settlement Date and the Fourth Settlement Date (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or (3)).

Settlement Dates. The closing, if any, of the ---------------- purchase and sale ---------------- of the Shares under this Agreement will take place at the offices of Xxxxx Xxxx LLP ("XXXXX XXXX")Proskauer Rose LLP, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, on the settlement dates set forth below. Subject to the terms and conditions of this Agreement, the Shares will be issued, delivered and paid for on up to five ten settlement dates (if any).) as follows: (1) The first settlement date (if any) will occur on the fourth (4th) Trading Day (as defined below) following (and including) the Press Release Date (the "FIRST SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the First Settlement Date, the Company will issue and deliver to the Purchaser Purchaser, and the Purchaser shall pay for 2,500,000 purchase from the Company, 190,476 Shares (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or and (3)). (2) The second settlement date (if any) will occur on the seventh (7th) Trading Day following (and including) the Press Release Date (the "SECOND SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Second Settlement Date, the Company will issue and deliver to the Purchaser Purchaser, and the Purchaser shall pay for 5,000,000 purchase from the Company, 380,952 Shares less the number of any Shares purchased by the Purchaser on the First Settlement Date (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or and (3)). (3) The third settlement date (if any) will occur on the tenth (10th) Trading Day following (and including) the Press Release Date (the "THIRD SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Third Settlement Date, the Company will issue and deliver to the Purchaser Purchaser, and the Purchaser shall pay for 7,500,000 purchase from the Company, 571,428 Shares less the aggregate number of any Shares purchased by the Purchaser on the First all previous Settlement Date and the Second Settlement Date Dates (as defined below) (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or and (3)). (4) The fourth settlement date (if any) will occur on the thirteenth (13th) Trading Day following (and including) the Press Release Date (the "FOURTH SETTLEMENT DATE", and together with the First Settlement Date, Second Settlement Date, Third Settlement Date and Fourth Settlement Date, collectively, the "SETTLEMENT DATES", and each individually, a "SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Fourth Settlement Date, the Company will issue and deliver to the Purchaser Purchaser, and the Purchaser shall pay for 10,000,000 purchase from the Company, 761,905 Shares less the aggregate number of any Shares purchased by the Purchaser on the First all previous Settlement Date, the Second Settlement Date and the Third Settlement Date Dates (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or and (3)). (5) The fifth settlement date (if any) will occur on the sixteenth (16th) Trading Day following (and including) the Press Release Date (the "FIFTH SETTLEMENT DATE" and together with the First Settlement Date, the Second Settlement Date, the Third Settlement Date and the Fourth Settlement Date, collectively, a "SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Fifth Settlement Date, the Company will issue and deliver to the Purchaser and the Purchaser shall pay for 12,500,000 Shares less the number of any Shares purchased by the Purchaser on the First Settlement Date, the Second Settlement Date, the Third Settlement Date and the Fourth Settlement Date (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or (3)).

Settlement Dates. The closing, if any, of the purchase ---------------- and sale ---------------- of the Shares under this Agreement will take place at the offices of Xxxxx Xxxx LLP ("XXXXX XXXX")Proskauer Rose LLP, 0000 Xxxxxx xx xxx Xxxxxxxx1585 Broadway, Xxx XxxxNew York, Xxx Xxxx 00000New York 10036, on the settlement dates set forth belowxxx xxxxx xxxxx. Subject to the terms and Xxxxxxx xx xxx xxxxx xnd conditions of this Agreement, the Shares will be issued, delivered and paid for on up to five ten settlement dates (if any).) as follows: (1) The first settlement date (if any) will occur on the fourth (4th) Trading Day (as defined below) following (and including) the Press Release Date (the "FIRST SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the First Settlement Date, the Company will issue and deliver to the Purchaser Purchaser, and the Purchaser shall pay for 2,500,000 purchase from the Company, 190,476 Shares (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or and (3)). (2) The second settlement date (if any) will occur on the seventh (7th) Trading Day following (and including) the Press Release Date (the "SECOND SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Second Settlement Date, the Company will issue and deliver to the Purchaser Purchaser, and the Purchaser shall pay for 5,000,000 purchase from the Company, 380,952 Shares less the number of any Shares purchased by the Purchaser on the First Settlement Date (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or and (3)). (3) The third settlement date (if any) will occur on the tenth (10th) Trading Day following (and including) the Press Release Date (the "THIRD SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Third Settlement Date, the Company will issue and deliver to the Purchaser Purchaser, and the Purchaser shall pay for 7,500,000 purchase from the Company, 571,428 Shares less the aggregate number of any Shares purchased by the Purchaser on the First all previous Settlement Date and the Second Settlement Date Dates (as defined below) (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or and (3)). (4) The fourth settlement date (if any) will occur on the thirteenth (13th) Trading Day following (and including) the Press Release Date (the "FOURTH SETTLEMENT DATE", and together with the First Settlement Date, Second Settlement Date, Third Settlement Date and Fourth Settlement Date, collectively, the "SETTLEMENT DATES", and each individually, a "SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Fourth Settlement Date, the Company will issue and deliver to the Purchaser Purchaser, and the Purchaser shall pay for 10,000,000 purchase from the Company, 761,905 Shares less the aggregate number of any Shares purchased by the Purchaser on the First all previous Settlement Date, the Second Settlement Date and the Third Settlement Date Dates (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or and (3)). (5) The fifth settlement date (if any) will occur on the sixteenth (16th) Trading Day following (and including) the Press Release Date (the "FIFTH SETTLEMENT DATE" and together with the First Settlement Date, the Second Settlement Date, the Third Settlement Date and the Fourth Settlement Date, collectively, a "SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Fifth Settlement Date, the Company will issue and deliver to the Purchaser and the Purchaser shall pay for 12,500,000 Shares less the number of any Shares purchased by the Purchaser on the First Settlement Date, the Second Settlement Date, the Third Settlement Date and the Fourth Settlement Date (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or (3)).

Settlement Dates. The closing, if any, of the ---------------- purchase and sale ---------------- of the Shares under this Agreement will take place at the offices of Xxxxx Xxxx LLP ("XXXXX XXXX")Proskauer Rose LLP, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, on the settlement dates set forth below. Subject to the terms and conditions of this Agreement, the Shares will be issued, delivered and paid for on up to five ten settlement dates (if any).) as follows: (1) The first settlement date (if any) will occur on the fourth (4th) Trading Day (as defined below) following (and including) the Press Release Date (the "FIRST SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the First Settlement Date, the Company will issue and deliver to the Purchaser Purchaser, and the Purchaser shall pay for 2,500,000 purchase from the Company, 1,142,857 Shares (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or and (3)). (2) The second settlement date (if any) will occur on the seventh (7th) Trading Day following (and including) the Press Release Date (the "SECOND SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Second Settlement Date, the Company will issue and deliver to the Purchaser Purchaser, and the Purchaser shall pay for 5,000,000 purchase from the Company, 2,285,714 Shares less the number of any Shares purchased by the Purchaser on the First Settlement Date (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or and (3)). (3) The third settlement date (if any) will occur on the tenth (10th) Trading Day following (and including) the Press Release Date (the "THIRD SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Third Settlement Date, the Company will issue and deliver to the Purchaser Purchaser, and the Purchaser shall pay for 7,500,000 purchase from the Company, 3,428,571 Shares less the aggregate number of any Shares purchased by the Purchaser on the First all previous Settlement Date and the Second Settlement Date Dates (as defined below) (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or and (3)). (4) The fourth settlement date (if any) will occur on the thirteenth (13th) Trading Day following (and including) the Press Release Date (the "FOURTH SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Fourth Settlement Date, the Company will issue and deliver to the Purchaser Purchaser, and the Purchaser shall pay for 10,000,000 purchase from the Company, 4,571,428 Shares less the aggregate number of any Shares purchased by the Purchaser on the First all previous Settlement Date, the Second Settlement Date and the Third Settlement Date Dates (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or and (3)). (5) The fifth settlement date (if any) will occur on the sixteenth (16th) Trading Day following (and including) the Press Release Date (the "FIFTH SETTLEMENT DATE" and together with the First Settlement Date, the Second Settlement Date, the Third Settlement Date and the Fourth Settlement Date, collectively, a "SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Fifth Settlement Date, the Company will issue and deliver to the Purchaser Purchaser, and the Purchaser shall pay for 12,500,000 purchase from the Company, 5,714,286 Shares less the aggregate number of any Shares purchased by the Purchaser on the First all previous Settlement Date, the Second Settlement Date, the Third Settlement Date and the Fourth Settlement Date Dates (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or and (3)). (6) The sixth settlement date (if any) will occur on the nineteenth (19th) Trading Day following (and including) the Press Release Date (the "SIXTH SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Sixth Settlement Date, the Company will issue and deliver to the Purchaser, and the Purchaser shall purchase from the Company, 6,857,143 Shares less the aggregate number of Shares purchased by the Purchaser on all previous Settlement Dates (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) and (3)). (7) The seventh settlement date (if any) will occur on the twenty-second (22nd) Trading Day following (and including) the Press Release Date (the "SEVENTH SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Seventh Settlement Date, the Company will issue and deliver to the Purchaser, and the Purchaser shall purchase from the Company, 8,000,000 Shares less the aggregate number of Shares purchased by the Purchaser on all previous Settlement Dates (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) and (3)). (8) The eighth settlement date (if any) will occur on the twenty-fifth (25th) Trading Day following (and including) the Press Release Date (the "EIGHTH SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Eighth Settlement Date, the Company will issue and deliver to the Purchaser, and the Purchaser shall purchase from the Company, 9,142,857 Shares less the aggregate number of Shares purchased by the Purchaser on all previous Settlement Dates (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) and (3)). (9) The ninth settlement date (if any) will occur on the twenty-eighth (28th) Trading Day following (and including) the Press Release Date (the "NINTH SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Ninth Settlement Date, the Company will issue and deliver to the Purchaser, and the Purchaser shall purchase from the Company, 10,285,714 Shares less the aggregate number of Shares purchased by the Purchaser on all previous Settlement Dates (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) and (3)). (10) The tenth settlement date (if any) will occur on the thirty-first (31st) Trading Day following (and including) the Press Release Date (the "TENTH SETTLEMENT DATE", and together with the First Settlement Date, Second Settlement Date, Third Settlement Date, Fourth Settlement Date, Fifth Settlement Date, Sixth Settlement Date, Seventh Settlement Date, Eighth Settlement Date and Ninth Settlement Date, collectively, the "SETTLEMENT DATES", and each individually, a "SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Tenth Settlement Date, the Company will issue and deliver to the Purchaser, and the Purchaser shall purchase from the Company, 11,428,571 Shares less the aggregate number of Shares purchased by the Purchaser on all previous Settlement Dates (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) and (3)).

Settlement Dates. The closing, if any, of the ---------------- purchase and sale ---------------- of the Shares under this Agreement will take place at the offices of Xxxxx Xxxx LLP ("XXXXX XXXX")Proskauer Rose LLP, 0000 Xxxxxx xx xxx Xxxxxxxx1585 Broadway, Xxx XxxxNew York, Xxx Xxxx 00000New York 10036, on the settlement dates set forth belowxxx xxxxx xxxxx. Subject to the terms and Xxxxxxx xx xxx xxxxx xnd conditions of this Agreement, the Shares will be issued, delivered and paid for on up to five ten settlement dates (if any).) as follows: (1) The first settlement date (if any) will occur on the fourth (4th) Trading Day (as defined below) following (and including) the Press Release Date (the "FIRST SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the First Settlement Date, the Company will issue and deliver to the Purchaser Purchaser, and the Purchaser shall pay for 2,500,000 purchase from the Company, 571,429 Shares (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or and (3)). (2) The second settlement date (if any) will occur on the seventh (7th) Trading Day following (and including) the Press Release Date (the "SECOND SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Second Settlement Date, the Company will issue and deliver to the Purchaser Purchaser, and the Purchaser shall pay for 5,000,000 purchase from the Company, 1,142,857 Shares less the number of any Shares purchased by the Purchaser on the First Settlement Date (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or and (3)). (3) The third settlement date (if any) will occur on the tenth (10th) Trading Day following (and including) the Press Release Date (the "THIRD SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Third Settlement Date, the Company will issue and deliver to the Purchaser Purchaser, and the Purchaser shall pay for 7,500,000 purchase from the Company, 1,714,286 Shares less the aggregate number of any Shares purchased by the Purchaser on the First all previous Settlement Date and the Second Settlement Date Dates (as defined below) (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or and (3)). (4) The fourth settlement date (if any) will occur on the thirteenth (13th) Trading Day following (and including) the Press Release Date (the "FOURTH SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Fourth Settlement Date, the Company will issue and deliver to the Purchaser Purchaser, and the Purchaser shall pay for 10,000,000 purchase from the Company, 2,285,714 Shares less the aggregate number of any Shares purchased by the Purchaser on the First all previous Settlement Date, the Second Settlement Date and the Third Settlement Date Dates (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or and (3)). (5) The fifth settlement date (if any) will occur on the sixteenth (16th) Trading Day following (and including) the Press Release Date (the "FIFTH SETTLEMENT DATE" and together with the First Settlement Date, the Second Settlement Date, the Third Settlement Date and the Fourth Settlement Date, collectively, a "SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Fifth Settlement Date, the Company will issue and deliver to the Purchaser Purchaser, and the Purchaser shall pay for 12,500,000 purchase from the Company, 2,857,143 Shares less the aggregate number of any Shares purchased by the Purchaser on the First all previous Settlement Date, the Second Settlement Date, the Third Settlement Date and the Fourth Settlement Date Dates (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or and (3)). (6) The sixth settlement date (if any) will occur on the nineteenth (19th) Trading Day following (and including) the Press Release Date (the "SIXTH SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Sixth Settlement Date, the Company will issue and deliver to the Purchaser, and the Purchaser shall purchase from the Company, 3,428,571 Shares less the aggregate number of Shares purchased by the Purchaser on all previous Settlement Dates (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) and (3)). (7) The seventh settlement date (if any) will occur on the twenty-second (22nd) Trading Day following (and including) the Press Release Date (the "SEVENTH SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Seventh Settlement Date, the Company will issue and deliver to the Purchaser, and the Purchaser shall purchase from the Company, 4,000,000 Shares less the aggregate number of Shares purchased by the Purchaser on all previous Settlement Dates (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) and (3)). (8) The eighth settlement date (if any) will occur on the twenty-fifth (25th) Trading Day following (and including) the Press Release Date (the "EIGHTH SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Eighth Settlement Date, the Company will issue and deliver to the Purchaser, and the Purchaser shall purchase from the Company, 4,571,429 Shares less the aggregate number of Shares purchased by the Purchaser on all previous Settlement Dates (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) and (3)). (9) The ninth settlement date (if any) will occur on the twenty-eighth (28th) Trading Day following (and including) the Press Release Date (the "NINTH SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Ninth Settlement Date, the Company will issue and deliver to the Purchaser, and the Purchaser shall purchase from the Company, 5,142,857 Shares less the aggregate number of Shares purchased by the Purchaser on all previous Settlement Dates (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) and (3)). (10) The tenth settlement date (if any) will occur on the thirty-first (31st) Trading Day following (and including) the Press Release Date (the "TENTH SETTLEMENT DATE", and together with the First Settlement Date, Second Settlement Date, Third Settlement Date, Fourth Settlement Date, Fifth Settlement Date, Sixth Settlement Date, Seventh Settlement Date, Eighth Settlement Date and Ninth Settlement Date, collectively, the "SETTLEMENT DATES", and each individually, a "SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Tenth Settlement Date, the Company will issue and deliver to the Purchaser, and the Purchaser shall purchase from the Company, 5,714,286 Shares less the aggregate number of Shares purchased by the Purchaser on all previous Settlement Dates (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) and (3)).

Settlement Dates. The closing, if any, of the ---------------- purchase and sale ---------------- of the Shares under this Agreement will take place at the offices of Xxxxx Xxxx LLP ("XXXXX XXXX")Proskauer Rose LLP, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, on the settlement dates set forth below. Subject to the terms and conditions of this Agreement, the Shares will be issued, delivered and paid for on up to five ten settlement dates (if any).) as follows: (1) The first settlement date (if any) will occur on the fourth (4th) Trading Day (as defined below) following (and including) the Press Release Date (the "FIRST SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the First Settlement Date, the Company will issue and deliver to the Purchaser Purchaser, and the Purchaser shall pay for 2,500,000 purchase from the Company, 571,429 Shares (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or and (3)). (2) The second settlement date (if any) will occur on the seventh (7th) Trading Day following (and including) the Press Release Date (the "SECOND SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Second Settlement Date, the Company will issue and deliver to the Purchaser Purchaser, and the Purchaser shall pay for 5,000,000 purchase from the Company, 1,142,857 Shares less the number of any Shares purchased by the Purchaser on the First Settlement Date (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or and (3)). (3) The third settlement date (if any) will occur on the tenth (10th) Trading Day following (and including) the Press Release Date (the "THIRD SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Third Settlement Date, the Company will issue and deliver to the Purchaser Purchaser, and the Purchaser shall pay for 7,500,000 purchase from the Company, 1,714,286 Shares less the aggregate number of any Shares purchased by the Purchaser on the First all previous Settlement Date and the Second Settlement Date Dates (as defined below) (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or and (3)). (4) The fourth settlement date (if any) will occur on the thirteenth (13th) Trading Day following (and including) the Press Release Date (the "FOURTH SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Fourth Settlement Date, the Company will issue and deliver to the Purchaser Purchaser, and the Purchaser shall pay for 10,000,000 purchase from the Company, 2,285,714 Shares less the aggregate number of any Shares purchased by the Purchaser on the First all previous Settlement Date, the Second Settlement Date and the Third Settlement Date Dates (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or and (3)). (5) The fifth settlement date (if any) will occur on the sixteenth (16th) Trading Day following (and including) the Press Release Date (the "FIFTH SETTLEMENT DATE" and together with the First Settlement Date, the Second Settlement Date, the Third Settlement Date and the Fourth Settlement Date, collectively, a "SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Fifth Settlement Date, the Company will issue and deliver to the Purchaser Purchaser, and the Purchaser shall pay for 12,500,000 purchase from the Company, 2,857,143 Shares less the aggregate number of any Shares purchased by the Purchaser on the First all previous Settlement Date, the Second Settlement Date, the Third Settlement Date and the Fourth Settlement Date Dates (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or and (3)). (6) The sixth settlement date (if any) will occur on the nineteenth (19th) Trading Day following (and including) the Press Release Date (the "SIXTH SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Sixth Settlement Date, the Company will issue and deliver to the Purchaser, and the Purchaser shall purchase from the Company, 3,428,571 Shares less the aggregate number of Shares purchased by the Purchaser on all previous Settlement Dates (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) and (3)). (7) The seventh settlement date (if any) will occur on the twenty-second (22nd) Trading Day following (and including) the Press Release Date (the "SEVENTH SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Seventh Settlement Date, the Company will issue and deliver to the Purchaser, and the Purchaser shall purchase from the Company, 4,000,000 Shares less the aggregate number of Shares purchased by the Purchaser on all previous Settlement Dates (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) and (3)). (8) The eighth settlement date (if any) will occur on the twenty-fifth (25th) Trading Day following (and including) the Press Release Date (the "EIGHTH SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Eighth Settlement Date, the Company will issue and deliver to the Purchaser, and the Purchaser shall purchase from the Company, 4,571,429 Shares less the aggregate number of Shares purchased by the Purchaser on all previous Settlement Dates (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) and (3)). (9) The ninth settlement date (if any) will occur on the twenty-eighth (28th) Trading Day following (and including) the Press Release Date (the "NINTH SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Ninth Settlement Date, the Company will issue and deliver to the Purchaser, and the Purchaser shall purchase from the Company, 5,142,857 Shares less the aggregate number of Shares purchased by the Purchaser on all previous Settlement Dates (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) and (3)). (10) The tenth settlement date (if any) will occur on the thirty-first (31st) Trading Day following (and including) the Press Release Date (the "TENTH SETTLEMENT DATE", and together with the First Settlement Date, Second Settlement Date, Third Settlement Date, Fourth Settlement Date, Fifth Settlement Date, Sixth Settlement Date, Seventh Settlement Date, Eighth Settlement Date and Ninth Settlement Date, collectively, the "SETTLEMENT DATES", and each individually, a "SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Tenth Settlement Date, the Company will issue and deliver to the Purchaser, and the Purchaser shall purchase from the Company, 5,714,286 Shares less the aggregate number of Shares purchased by the Purchaser on all previous Settlement Dates (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) and (3)).

Settlement Dates. The closing, if any, of the ---------------- purchase and sale ---------------- of the Shares under this Agreement will take place at the offices of Xxxxx Xxxx LLP ("XXXXX XXXX")Proskauer Rose LLP, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, on the settlement dates set forth below. Subject to the terms and conditions of this Agreement, the Shares will be issued, delivered and paid for on up to five ten settlement dates (if any).) as follows: (1) The first settlement date (if any) will occur on the fourth (4th) Trading Day (as defined below) following (and including) the Press Release Date (the "FIRST SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the First Settlement Date, the Company will issue and deliver to the Purchaser Purchaser, and the Purchaser shall pay for 2,500,000 purchase from the Company, 250,000 Shares (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or and (3)). (2) The second settlement date (if any) will occur on the seventh (7th) Trading Day following (and including) the Press Release Date (the "SECOND SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Second Settlement Date, the Company will issue and deliver to the Purchaser Purchaser, and the Purchaser shall pay for 5,000,000 purchase from the Company, 500,000 Shares less the number of any Shares purchased by the Purchaser on the First Settlement Date (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or and (3)). (3) The third settlement date (if any) will occur on the tenth (10th) Trading Day following (and including) the Press Release Date (the "THIRD SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Third Settlement Date, the Company will issue and deliver to the Purchaser Purchaser, and the Purchaser shall pay for 7,500,000 purchase from the Company, 750,000 Shares less the aggregate number of any Shares purchased by the Purchaser on the First all previous Settlement Date and the Second Settlement Date Dates (as defined below) (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or and (3)). (4) The fourth settlement date (if any) will occur on the thirteenth (13th) Trading Day following (and including) the Press Release Date (the "FOURTH SETTLEMENT DATE", and together with the First Settlement Date, Second Settlement Date, Third Settlement Date and Fourth Settlement Date, collectively, the "SETTLEMENT DATES", and each individually, a "SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Fourth Settlement Date, the Company will issue and deliver to the Purchaser Purchaser, and the Purchaser shall pay for 10,000,000 purchase from the Company, 1,000,000 Shares less the aggregate number of any Shares purchased by the Purchaser on the First all previous Settlement Date, the Second Settlement Date and the Third Settlement Date Dates (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or and (3)). (5) The fifth settlement date (if any) will occur on the sixteenth (16th) Trading Day following (and including) the Press Release Date (the "FIFTH SETTLEMENT DATE" and together with the First Settlement Date, the Second Settlement Date, the Third Settlement Date and the Fourth Settlement Date, collectively, a "SETTLEMENT DATE"). Subject to the terms and conditions of this Agreement, on the Fifth Settlement Date, the Company will issue and deliver to the Purchaser and the Purchaser shall pay for 12,500,000 Shares less the number of any Shares purchased by the Purchaser on the First Settlement Date, the Second Settlement Date, the Third Settlement Date and the Fourth Settlement Date (subject to adjustment, at the sole option of the Purchaser, in accordance with and subject to the provisions of Sections 1(b)(2) or (3)).