Common use of Subsequent Closing Deliveries Clause in Contracts

Subsequent Closing Deliveries. (a) On or prior to the Subsequent Closing Date, the Company shall deliver or cause to be delivered to the Escrow Agent the following: (i) bring down legal opinion of Company Counsel to the legal opinion delivered at the Initial Closing; (ii) a certificate evidencing a number of Shares equal to such Purchaser’s Subsequent Closing Subscription Amount divided by the Per Share Purchase Price, registered in the name of such Purchaser; and (iii) Warrants registered in the name of such Purchaser to purchase up to a number of shares of Common Stock equal to one hundred percent (100%) of such Purchaser’s Shares acquired pursuant to the Exercise Notice, with an initial exercise price equal to the then in effect Exercise Price of the Warrants delivered at the Initial Closing, subject to adjustment therein. (b) On or prior to the Subsequent Closing Date, each Purchaser shall deliver or cause to be delivered to the Escrow Agent, the following: (i) the Subsequent Closing Escrow Agreement duly executed by such Purchaser; and (ii) to Escrow Agent, such Purchaser’s Subscription Amount by wire transfer to the account specified in the Subsequent Closing Escrow Agreement.

Subsequent Closing Deliveries. (a) On or prior to the any Subsequent Closing DateClosing, the Company shall deliver or cause to be delivered to the Escrow Agent the following: (i) bring down legal opinion of Company Counsel to this Agreement duly executed by the legal opinion delivered at the Initial ClosingCompany; (ii) a certificate evidencing a number of Shares Note in the principal amount equal to such Purchaser’s Subsequent Closing Subscription Amount divided by the Per Share Purchase Price, registered in the name of such Purchaser. The maturity date on the Notes issued on any Subsequent Closing will be identical to the maturity date of the Notes issued on the Initial Closing Date; and (iii) Warrants registered in the name names of such Purchaser to purchase up to a number of shares of Common Stock with an aggregate exercise price equal to one hundred percent (100%) of such Purchaser’s Shares acquired pursuant to the Exercise Notice, with an initial exercise price equal to the then in effect Exercise Price of the Warrants delivered at the Initial ClosingSubscription Amount, subject to adjustment as provided therein; and (iv) the Security Agreement executed by the Company and, if applicable, its Subsidiaries. (b) On or prior to the Subsequent Closing Date, each Purchaser shall deliver or cause to be delivered to the Escrow Agent, the following: (i) this Agreement dub, executed by such Purchaser; (ii) the Security Agreement executed by the Purchaser; (iii) the Subsequent Closing Escrow Agreement duly executed by such Purchaser; and (iiiv) to Escrow Agent, such Purchaser’s Subscription Amount by wire transfer to the account specified in the Subsequent Closing Escrow Agreement.

Subsequent Closing Deliveries. (a) On or prior to the any Subsequent Closing DateClosing, the Company shall deliver or cause to be delivered to the Escrow Agent the following: (i) bring down legal opinion of Company Counsel to this Agreement duly executed by the legal opinion delivered at the Initial ClosingCompany; (ii) a certificate evidencing a number of Shares Note in the principal amount equal to such Purchaser’s Subsequent Closing Subscription Amount divided by the Per Share Purchase Price, registered in the name of such Purchaser. The maturity date on the Notes issued on any Subsequent Closing will be identical to the maturity date of the Notes issued on the initial Closing Date; and (iii) Warrants registered in the name names of such Purchaser to purchase up to a number of shares of Common Stock with an aggregate exercise price equal to one hundred fifty percent (10050%) of such Purchaser’s Shares acquired pursuant to the Exercise Notice, with an initial exercise price equal to the then in effect Exercise Price of the Warrants delivered at the Initial ClosingSubscription Amount, subject to adjustment as provided therein; and (iv) the Security Agreement executed by the Company and, if applicable, its Subsidiaries. (b) On or prior to the Subsequent Closing Date, each Purchaser shall deliver cxxxxxx or cause to be delivered to the Escrow Agent, the following: (i) this Agreement duly executed by such Purchaser; (ii) the Security Agreement executed by the Purchaser, (iii) the Subsequent Closing Escrow Agreement duly executed by such Purchaser; and (iiiv) to Escrow Agent, such Purchaser’s Subscription Amount by wire transfer to the account specified in the Subsequent Closing Escrow Agreement.

Subsequent Closing Deliveries. (a) On or prior to the Subsequent Closing Date, the Company shall deliver or cause to be delivered to the Escrow Agent the following: (i) bring down legal opinion opinions of Company Counsel Counsels to the legal opinion opinions delivered at the Initial Closing; (ii) a certificate evidencing a number of Shares equal to such Purchaser’s Subsequent Closing Subscription Amount divided by the Per Share Purchase Price, registered in the name of such Purchaser; and (iii) Warrants registered in the name of such Purchaser to purchase up to a number of shares of Common Stock equal to one hundred percent (100%) of such Purchaser’s Shares acquired pursuant to the Exercise Notice, with an initial exercise price equal to the then in effect Exercise Price of the Warrants delivered at the Initial Closing, subject to adjustment therein. (b) On or prior to the Subsequent Closing Date, each Purchaser shall deliver or cause to be delivered to the Escrow Agent, the following: (i) the Subsequent Closing Escrow Agreement duly executed by such Purchaser; and (ii) to Escrow Agent, such Purchaser’s Subscription Amount by wire transfer to the account specified in the Subsequent Closing Escrow Agreement.

Subsequent Closing Deliveries. (a) On or prior to the Subsequent any subsequent Closing Date, the Company shall deliver or cause to be delivered to the Escrow Agent the following: (i) bring down legal opinion opinions of Company Counsel to the legal opinion delivered at the Initial Closing; (ii) a certificate evidencing a number of Shares shares of Preferred Stock equal to such Purchaser’s Subsequent subsequent Closing Subscription Amount divided by the Per Share Purchase Price, Stated Value registered in the name of such Purchaser; and (iii) Warrants a Warrant registered in the name of such Purchaser to purchase up to a number of shares of Common Stock equal to one hundred percent (100%) of such Purchaser’s Shares acquired pursuant to subsequent Closing Subscription Amount divided by the Exercise Notice, Conversion Price in effect on such subsequent Closing date with an initial exercise price equal to the then in effect Exercise Price of the Warrants delivered at the Initial Closing, subject to adjustment therein. (b) On or prior to the Subsequent subsequent Closing Date, each Purchaser shall deliver or cause to be delivered to the Escrow Agent, the following: (i) the Subsequent subsequent Closing Escrow Agreement duly executed by such Purchaser; and (ii) to Escrow Agent, such Purchaser’s subsequent Subscription Amount by wire transfer to the account specified in the Subsequent subsequent Closing Escrow Agreement.