Subscription Acceptance. The Purchase Price will be paid into the accounts of SELLER, not into an escrow or other segregated account, at the time of PURCHASER’s subscription and payment for the Shares issued and sold by SELLER pursuant to this Agreement. The funds paid by the PURCHASERS to SELLER pursuant to the terms of this Agreement will be subject to the creditors of SELLER upon payment by PURCHASER to SELLER. The purchase, sale and issuance of the Shares pursuant to this Agreement shall take place at the offices of Sheppard, Mullin, Xxxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxxx Xxxxxx, Xxxxx-Xxxxx Xxxxx, Xxx Xxxxxxx, Xxxxxxxxxx 00000, or such other location as the parties shall mutually agree, no later than the second business day following the satisfaction or waiver of the conditions provided in Articles 5 and 6 of this Agreement.
Subscription Acceptance. The Shares are being sold on a rolling basis, which means that the Company may accept a subscription for the sale of Shares to one or more Buyers from time to time, individually or in groups of subscriptions. The Purchase Price will be paid into the accounts of the Company, not into an escrow or other segregated account, at the time of each Buyer’s subscription and payment for Shares issued and sold by the Company pursuant to this Agreement. The funds paid by the Buyers to the Company pursuant to the terms of this Agreement will be subject to the creditors of the Company upon payment by the Buyer to the Company, even if the subscription is not yet accepted by the Company. Each subscription will be irrevocable once submitted by each Buyer; provided, however, that the Company may reject any subscription of any Buyer in the Company’s sole discretion. If the Company rejects a subscription from a Buyer, it will return the Purchase Price paid in respect thereof promptly, without deduction or interest. The purchase, sale and issuance of the Shares pursuant to this Agreement shall take place at the offices of Golenbock Exxxxxx Axxxx Bxxx & Pxxxxx LLP, 700 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, or such other location as the parties shall mutually agree, no later than the second business day following the satisfaction or waiver of the conditions provided in Articles VIII and IX of this Agreement.
Subscription Acceptance. The acceptance of subscriptions for Units tendered by Investors will be conditional upon (i) the tendering of Subscriptions for at least 1,000,000 Units (“Minimum Subscriptions”) by the Escrow Date, and (ii) the receipt, on the Closing Date, of the net proceeds from subscribers for the Minimum Subscriptions (“Minimum Payments”) less commissions due the Placement Agent as provided hereinafter. If subscriptions are received for more than 3,334,000 2,335,000 Units, the Company may (a) accept subscriptions for up to an additional 666,000 Units, and/or (b) accept one subscription over another and/or (c) allocate available Units among subscribers as it deems appropriate.
Subscription Acceptance. The Shares are being sold on a rolling basis, which means that the Company may accept a subscription for the sale of Shares to one or more Buyers from time to time, individually or in groups of subscriptions. The Purchase Price will be paid into the accounts of the Company, not into an escrow or other segregated account, at the time of each Buyer’s subscription and payment for Shares issued and sold by the Company pursuant to this Agreement. The funds paid by the Buyers to the Company pursuant to the terms of this Agreement will be subject to the creditors of the Company upon payment by the Buyer to the Company, even if the subscription is not yet accepted by the Company. Each subscription will be irrevocable once submitted by each Buyer; provided, however, that the Company may reject any subscription of any Buyer in the Company’s sole discretion. If the Company rejects a subscription from a Buyer, it will return the Purchase Price paid in respect thereof promptly, without deduction or interest. The purchase, sale and issuance of the Shares pursuant to this Agreement shall take place at the location as the parties shall mutually agree, no later than the second business day following the satisfaction or waiver of the conditions provided in Articles VIII and IX of this Agreement.
Subscription Acceptance. 4.1 This subscription may be accepted or rejected in whole or in part by the Company, in its sole discretion.
4.2 Except as otherwise required by law, this subscription is and shall be irrevocable except that (i) the Subscriber's execution and delivery of this Agreement shall not constitute an agreement between the Company and the Subscriber until this Agreement is accepted on behalf of the Company and, of not so accepted, the Subscriber's subscription and obligations hereunder shall terminate, and (ii) the Subscriber may, at any time prior to acceptance of this Agreement, request in writing that the Subscriber be released from the obligations hereunder (and the Company may, but need not, in its discretion, elect to release the Subscriber from the subscription and from such obligations).
Subscription Acceptance. The acceptance of subscriptions for Units tendered by Investors will be conditional upon (i) the tendering of Subscriptions and receipt of payment for such Subscriptions for at least 250,000 Units (“Minimum Subscriptions”) by February 29, 2008 (which date may be extended by the Company and the Finder) to March 31, 2008)(the “Escrow Date”) and (ii) the receipt, on the First Closing Date, of the net proceeds from subscribers for the Minimum Subscriptions (“Minimum Payments”) less the Finder’s Fees due the Finder as described below. If subscriptions are received for more than 1,750,000 Units, the Company may (i) accept one subscription over another (ii) accept subscriptions for up to an additional 125,000 Units, and/or (iii) allocate available Units among subscribers as it deems appropriate. If the Minimum Subscriptions and/or Minimum Payments are not received by the Escrow Date, all proceeds will be returned to Investors, without deduction and without interest.
Subscription Acceptance. Purchaser understands that the Company will notify the Purchaser whether the offered Agreement has been accepted, in whole or in part, or rejected, in whole or in part. Unless rejected within ten (10) days of its receipt or on the day of the final date of the Offering, whichever comes later, by the Company, the Agreement shall be deemed to be accepted. If this Agreement is rejected by the Company, all funds tendered by the Purchaser will be returned, without interest or deduction. It is understood that the Company will have the sole discretion to determine which of the Agreements should be accepted or rejected, if any, and whether any of such Agreements should be accepted or rejected in whole or in part.
Subscription Acceptance. (a) This subscription may be accepted or rejected in whole or in part by the Company, in its sole discretion.
(b) This subscription is and shall be irrevocable except that (i) the Investor's execution and delivery of this Subscription Agreement will not constitute an agreement between the Company and the Investor until this Subscription Agreement is accepted on behalf of the Company and, if not so accepted, the Investor's subscription and obligations hereunder will terminate and (ii) the Investor can, at any time prior to acceptance of this Subscription Agreement, request in writing that the Investor be released from the obligations hereunder (and the Company may, but need not, in its discretion, elect to release the Investor from the subscription and from such obligations).
Subscription Acceptance. Subject to the terms and conditions set forth herein, each Equity Investor, severally and not jointly, irrevocably subscribes for and agrees to purchase on the Closing Date, such Equity Investor's Share of Units, at a purchase price of $1,000 per Unit. Bargx xxxeby accepts such subscription subject to either (i) the Tranche A Equity Subscription Date occurring prior to the Expiration Date or (ii) if there are any amounts outstanding under the Tranche A Term Loan on December 1, 2000 and, on or prior to the Expiration Date the Administrative Agent directs the Escrow Agent to deliver a Purchase Notice to the Equity Investors. On the Tranche A Equity Subscription Date or, after December 1, 2000, as directed by the Administrative Agent, Bargx xxxll deliver, or cause to be delivered, to each Equity Investor a Purchase Notice in the form of Exhibit A duly completed and executed by Bargx. Xxe Purchase Notice shall set forth the Aggregate Purchase Price, the Total Number of Units, the Equity Investor's Share of Units, the number of shares of Common Stock being purchased by the Equity Investor, the Closing Date and wire transfer instructions for payment of the purchase price of the Units on the Closing Date. If, at any time on or prior to the Expiration Date, Bargx xxxivers or causes to be delivered to an Equity Investor a Purchase Notice such Equity Investor shall, on the Closing Date, fund the purchase price of its Units by wire transfer of immediately available funds to the account set forth in the Purchase Notice. Notwithstanding anything else set forth herein, no Equity Investor shall be obligated to purchase Units unless a Purchase Notice is given to the Equity Investor on or prior to the Expiration Date. If Bargx xxxivers or causes to be delivered a Purchase Notice to one Equity Investor, Bargx xxxll deliver or cause to be delivered a Purchase Notice to all of the Equity Investors.
Subscription Acceptance. The acceptance of subscriptions for Units tendered by Investors will be conditional upon (i) the tendering of Subscriptions for at least 2,000,000 Units ("Minimum Subscriptions") by the Escrow Date; (ii) the receipt, on the Closing Date, of the net proceeds from subscribers for the Minimum Subscriptions ($2,000,000)("Minimum Payments") less commissions due the Placement Agents as provided hereinafter; (iii) the fulfillment of the Additional Conditions. If subscriptions are received for more than $4,000,000, the Companies may accept up to an additional $800,000, and/or it may, in its own discretion, accept one subscription over another and/or allocate available Units among subscribers as it deems appropriate.
