Common use of The Closing; Deliveries Clause in Contracts

The Closing; Deliveries. (a) The closing of the purchase and sale of the Preferred Shares hereunder (the "Closing") shall take place at the offices of Fried, Frank, Harris, Shriver & Jacobson, One New York Plaza, New York, New York 10000 xx 9:00 x.x. xn xxx xxxxx xxxxxxxx xxx xxxxxxxxx xxx xxxxxxxction or waiver of the conditions set forth in Article V (other than those conditions that by their nature are to be satisfied at the Closing, but subject to the satisfaction or waiver of those conditions) or at such other place, time and/or date as shall be mutually agreed by the Company and the Purchasers (the date of the Closing, the "Closing Date"). (b) At the Closing, the Company shall deliver to each Purchaser certificates representing the Preferred Shares being purchased by such Purchaser, each registered in the name of such Purchaser in such amounts as such Purchaser shall inform the Company prior to the Closing. Delivery of such certificates shall be made against receipt by the Company of the portion of the Purchase Price payable therefor (less an amount equal to $10,389,759, or such other amount not in excess of $15,000,000 as determined by the Purchasers no later than three days prior to the Closing, payable to certain of the Purchasers as a special dividend as set forth on the signature page hereto), which shall be paid by wire transfer to an account designated at least three business days prior to the Closing Date by the Company.

The Closing; Deliveries. (a) The closing of the purchase and sale of the Preferred Shares Stock and Warrants hereunder (the "Closing") shall take place at the offices of Friedthe Company at 9:00 a.m. on February 23, Frank2000 or such earlier date as may be specified by notice within two business days of the Closing and mutually agreed to by the Company and the Purchasers, Harrisin each case, Shriver & Jacobson, One New York Plaza, New York, New York 10000 xx 9:00 x.x. xn xxx xxxxx xxxxxxxx xxx xxxxxxxxx xxx xxxxxxxction subject to the satisfaction or waiver of the conditions to the Closing set forth in Article V (other than those conditions that by their nature are to be satisfied at the such Closing, but subject to the satisfaction or waiver of those conditions) or at such other place, time and/or date as shall be mutually agreed by the Company and the Purchasers (the date of the Closing, the a "Closing Date"). (b) At the Closing, the Company shall deliver to each Purchaser the Purchasers certificates representing the shares of Preferred Shares Stock and Warrants being purchased by such Purchaserthe Purchasers at the Closing, each registered in the name of such the Purchaser or its nominee or designee in such amounts as such each Purchaser shall inform the Company prior to the Closing. Delivery of such certificates shall be made against receipt by the Company of the portion of the Purchase Price payable therefor (less an amount equal to $10,389,759, or such other amount not in excess of $15,000,000 as determined by the Purchasers no later than three days prior to connection with the Closing, payable to certain of the Purchasers as a special dividend as set forth on the signature page hereto), which shall be paid by wire transfer of immediately available funds to an account designated at least three business days prior to the applicable Closing Date by the Company.. The Warrants shall be in the form attached as an exhibit to the Warrant Agreement (the "Warrant Agreement"), attached in the form of Exhibit 1.2(b)

The Closing; Deliveries. (a) The closing of the purchase and sale of the Preferred Shares hereunder (the "Closing") shall take place at the offices of Fried, Frank, Harris, Shriver & Jacobson, One New York Plaza, New York, New York 10000 Yorx 00000 at 0:00 x.m. xx 9:00 x.x. xn xxx xxxxx xxxxxxxx xxx xxxxxxxxx xxx xxxxxxxction xxxisfaction or waiver of the conditions set forth in Article V (other than those conditions that by their nature are to be satisfied at the Closing, but subject to the satisfaction or waiver of those conditions) ), but no earlier than June 30, 2000, or at such other place, time and/or date as shall be mutually agreed by the Company and the Purchasers (the date of the Closing, the "Closing Date"). (b) At the Closing, the Company shall deliver to each Purchaser certificates representing the Preferred Shares being purchased by such Purchaser, each registered in the name of such Purchaser or its nominee or designee in such amounts as such Purchaser shall inform specify to the Company prior to the Closing. Delivery of such certificates shall be made against receipt by the Company of the portion of the Purchase Price payable therefor (less an amount equal to $10,389,759, or such other amount not in excess of $15,000,000 as determined by the Purchasers no later than three days prior to the Closing, payable to certain of the Purchasers as a special dividend as set forth on the signature page hereto)therefor, which shall be paid by wire transfer to an account designated at least three business days prior to the Closing Date by the Company.

The Closing; Deliveries. (a) The closing of the purchase and sale of the Preferred Shares hereunder Securities (the "Closing") shall take place at the offices of FriedSkadden, FrankArps, HarrisSlate, Shriver Meagher & JacobsonFlom, One New York PlazaLLP, Four Time Square, New York, New York 10000 10030, xx 9:00 0:30 x.x. xn xxx xxxxx xxxxxxxx on the busxxxxx xxx xxxxxxxxx xxx xxxxxxxction or waiver xxxx xx xxxxx all of the conditions set forth in Article V to each party's obligations hereunder (other than those conditions that by their nature are to be Section 5.1(d)) have been satisfied or waived and on the same date and at the Closingsame time that the Restructuring is occurring, but subject to the satisfaction or waiver of those conditions) or at such other place, place or time and/or date as shall be mutually agreed by the Company and the Purchasers parties may agree (the date of the Closing, the "Closing Date"). (b) At the Closing, the Company shall deliver to each Purchaser (i) certificates representing the Preferred Shares and (ii) the Warrants being purchased by such Purchaser, each registered in the name of such Purchaser in such amounts as such Purchaser shall inform the Company prior to the Closing. Delivery of such certificates and Warrants shall be made against receipt by the Company of the portion of the Purchase Price payable therefor (less an amount equal to $10,389,759, or such other amount not in excess of $15,000,000 as determined by the Purchasers no later than three days prior to the Closing, payable to certain of the Purchasers as a special dividend as set forth on the signature page hereto)therefor, which shall be paid by wire transfer of immediately available funds to an account designated at least three business days prior to the Closing Date by the Company.

The Closing; Deliveries. (a) The closing of the purchase and sale of the Preferred New Common Shares hereunder and the other transactions contemplated hereby (the "Closing") shall take place at the offices of Fried, Frank, Harris, Shriver & Jacobson, One New York Plaza, New York, New York 10000 10004 xx 9:00 x.x0:00 a.x. xn xxx xxxxx xx xxe xxxxxx xxxxxxxx xxx xxxxxxxxx xxx xxxxxxxction xxxxxxxxxxon or waiver of the conditions set forth in Article V (other than those conditions that by their nature are to be satisfied at the Closing, but subject to the satisfaction or waiver of those conditions) ), but no earlier than 20 business days following the date hereof, or at such other place, time and/or date as shall be mutually agreed by the Company and the Purchasers Investors (the date of the Closing, the "Closing Date"). (b) At the Closing, the Company shall deliver to each Purchaser Equity VI certificates representing the Preferred New Common Shares being purchased by such PurchaserEquity VI, each registered in the name of such Purchaser Equity VI or its nominee or designee in such amounts as such Purchaser Equity VI shall inform specify to the Company prior to the Closing. Delivery of such certificates shall be made against receipt by the Company of the portion of the Purchase Price payable therefor (less an amount equal to $10,389,759, or such other amount not in excess of $15,000,000 as determined by the Purchasers no later than three days prior to the Closing, payable to certain of the Purchasers as a special dividend as set forth on the signature page hereto)Price, which shall be paid by wire transfer to an account designated at least three business days prior to the Closing Date by the Company.

The Closing; Deliveries. (a) The closing of the purchase and sale of the Preferred Shares hereunder Initial Purchase (the "Initial Closing") and the closing of the Second Purchase (the "Second Closing", and together with the Initial Closing, individually, a "Closing" and collectively, the "Closings") shall take place at the offices of Fried, Frank, Harris, Shriver & Jacobson, One New York Plaza, New York, New York 10000 10004 at 0:00 x.m. xx 9:00 x.x. xn xxx xxxxx foxxxx xxxxxxxx xxx xxxxxxxxx xxx xxxxxxxction xxxxxxxxxxxx or waiver of the conditions to each such Closing set forth in Article V (other than those conditions that by their nature are to be satisfied at the such Closing, but subject to the satisfaction or waiver of those conditions) or at on such other place, time and/or date as shall be mutually agreed by the Company and the Purchasers Purchaser (the date of the such Closing, the a "Closing Date"). (b) At the each Closing, the Company shall deliver to each the Purchaser certificates representing the shares of Preferred Shares Stock and the Warrants being purchased by the Purchaser at such PurchaserClosing, each registered in the name of such the Purchaser or its nominee or designee in such amounts as such Purchaser shall inform the Company prior to the such Closing. Delivery of such certificates shall be made against receipt by the Company of the portion of the Purchase Price payable therefor (less an amount equal to $10,389,759, or in connection with such other amount not in excess of $15,000,000 as determined by the Purchasers no later than three days prior to the Closing, payable to certain of the Purchasers as a special dividend as set forth on the signature page hereto), which shall be paid by wire transfer of immediately available funds to an account designated at least three business days prior to the applicable Closing Date by the Company. The Warrants shall be in the forms of Exhibit 1.2(b).

The Closing; Deliveries. (a) The closing of the purchase and ----------------------- sale of the Preferred Shares hereunder (the "Closing") shall take place at the ------- offices of Fried, Frank, Harris, Shriver Xxxxxxx & JacobsonXxxxxxxx, One New York PlazaXxx Xxx Xxxx Xxxxx, New YorkXxx Xxxx, New York 10000 xx Xxx Xxxx 00000 at 9:00 x.x. xn xxx xxxxx xxxxxxxx xxx xxxxxxxxx xxx xxxxxxxction a.m. on the fifth business day following the satisfaction or waiver of the conditions set forth in Article V (other than those conditions that by their nature are to be satisfied at the Closing, but subject to the satisfaction or waiver of those conditions) or at such other place, time and/or date as shall be mutually agreed by the Company and the Purchasers (the date of the Closing, the "Closing Date").. ------------ (b) At the Closing, the Company shall deliver to each Purchaser certificates representing the Preferred Shares being purchased by such Purchaser, each registered in the name of such Purchaser in such amounts as such Purchaser shall inform the Company prior to the Closing. Delivery of such certificates shall be made against receipt by the Company of the portion of the Purchase Price payable therefor (less an amount equal to $10,389,759, or such other amount not in excess of $15,000,000 as determined by the Purchasers no later than three days prior to the Closing, payable to certain of the Purchasers as a special dividend as set forth on the signature page hereto), which shall be paid by wire transfer to an account designated at least three business days prior to the Closing Date by the Company.

The Closing; Deliveries. (a) The closing of the purchase and sale of the Preferred Shares hereunder Securities (the "Closing") shall take place at the offices of FriedSkadden, FrankArps, HarrisSlate, Shriver Meagher & JacobsonFlom, One New York PlazaLLP, Four Time Square, New York, New York 10000 10036, at 0:00 x.m. xx 9:00 x.x. xn xxx xxxxx xxxxxxxx the business xxx xxxxxxxxx xxx xxxxxxxction or waiver xxxx xx xxxxx xxx of the conditions set forth in Article V to each party's obligations hereunder (other than those conditions that by their nature are to be Section 5.1(d)) have been satisfied or waived and on the same date and at the Closingsame time that the Restructuring is occurring, but subject to the satisfaction or waiver of those conditions) or at such other place, place or time and/or date as shall be mutually agreed by the Company and the Purchasers parties may agree (the date of the Closing, the "Closing Date"). (b) At the Closing, the Company shall deliver to each Purchaser (i) certificates representing the Common Stock and Preferred Shares Stock and (ii) the Warrants being purchased by such Purchaser, each registered in the name of such Purchaser in such amounts as such Purchaser shall inform the Company prior to the Closing. Delivery of such certificates and Warrants shall be made against receipt by the Company of the portion of the Purchase Price payable therefor (less an amount equal to $10,389,759, or such other amount not in excess of $15,000,000 as determined by the Purchasers no later than three days prior to the Closing, payable to certain of the Purchasers as a special dividend as set forth on the signature page hereto)therefor, which shall be paid by wire transfer of immediately available funds to an account designated at least three business days prior to the Closing Date by the Company.

The Closing; Deliveries. (a) The closing of the purchase and sale of the Preferred Shares hereunder Securities (the "Closing") shall take place at the offices of FriedSkadden, FrankArps, HarrisSlate, Shriver Xxxxxxx & JacobsonXxxx, One New York PlazaLLP, New YorkFour Xxxx Xxxxxx, New York 10000 xx 9:00 x.x. xn xxx xxxxx xxxxxxxx xxx xxxxxxxxx xxx xxxxxxxction or waiver Xxx Xxxx, Xxx Xxxx 00000, at 9:30 a.m. on the business day following the date on which all of the conditions set forth in Article V to each party's obligations hereunder (other than those conditions that by their nature are to be Section 5.1(d)) have been satisfied or waived and on the same date and at the Closingsame time that the Restructuring is occurring, but subject to the satisfaction or waiver of those conditions) or at such other place, place or time and/or date as shall be mutually agreed by the Company and the Purchasers parties may agree (the date of the Closing, the "Closing Date"). (b) At the Closing, the Company shall deliver to each Purchaser (i) certificates representing the Preferred Shares and (ii) the Warrants being purchased by such Purchaser, each registered in the name of such Purchaser in such amounts as such Purchaser shall inform the Company prior to the Closing. Delivery of such certificates and Warrants shall be made against receipt by the Company of the portion of the Purchase Price payable therefor (less an amount equal to $10,389,759, or such other amount not in excess of $15,000,000 as determined by the Purchasers no later than three days prior to the Closing, payable to certain of the Purchasers as a special dividend as set forth on the signature page hereto)therefor, which shall be paid by wire transfer of immediately available funds to an account designated at least three business days prior to the Closing Date by the Company.