Common use of The Closing; Deliveries Clause in Contracts

The Closing; Deliveries. (a) The closing of the purchase and sale of the Securities (the "Closing") shall take place at the offices of Skadden, Arps, Slate, Meagher & Flom, LLP, Four Time Square, New York, New York 10036, at 0:00 x.m. xx the business xxx xxxxxxxxx xxx xxxx xx xxxxx xxx of the conditions to each party's obligations hereunder (other than Section 5.1(d)) have been satisfied or waived and on the same date and at the same time that the Restructuring is occurring, or at such other place or time as the 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 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, which shall be paid by wire transfer of immediately available funds to an account designated by the Company.

The Closing; Deliveries. (a) The closing of the purchase and sale of the Securities (the "Closing") shall take place at the offices of Skadden, Arps, Slate, Meagher & Flom, LLP, Four Time Square, New York, New York 1003610030, at 0:00 x.mxx 0:30 x.x. xx on the business busxxxxx xxx xxxxxxxxx xxx xxxx xx xxxxx xxx all of the conditions to each party's obligations hereunder (other than Section 5.1(d)) have been satisfied or waived and on the same date and at the same time that the Restructuring is occurring, or at such other place or time as the 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 Stock 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, which shall be paid by wire transfer of immediately available funds to an account designated by the Company.

The Closing; Deliveries. (a) The closing of the purchase and sale of the Securities (the "Closing") shall take place at the offices of Skadden, Arps, Slate, Meagher Xxxxxxx & FlomXxxx, LLP, Four Time SquareXxxx Xxxxxx, New YorkXxx Xxxx, New York 10036Xxx Xxxx 00000, at 0:00 x.m. xx 9:30 a.m. on the business xxx xxxxxxxxx xxx xxxx xx xxxxx xxx day following the date on which all of the conditions to each party's obligations hereunder (other than Section 5.1(d)) have been satisfied or waived and on the same date and at the same time that the Restructuring is occurring, or at such other place or time as the 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 Stock 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, which shall be paid by wire transfer of immediately available funds to an account designated by the Company.

The Closing; Deliveries. (a) The closing of the purchase and sale of the Securities Preferred Shares hereunder (the "Closing") shall take place at the offices of SkaddenFried, ArpsFrank, SlateHarris, Meagher Shriver & FlomJacobson, LLP, Four Time SquareOne New York Plaza, New York, New York 10036, at 0:00 x.m10000 xx 9:00 x.x. xx the business xn xxx xxxxx xxxxxxxx xxx xxxxxxxxx xxx xxxx xx xxxxx xxx xxxxxxxction or waiver of the conditions to each party's obligations hereunder set forth in Article V (other than Section 5.1(d)) have been those conditions that by their nature are to be satisfied or waived and on the same date and at the same time that Closing, but subject to the Restructuring is occurring, satisfaction or waiver of those conditions) or at such other place or place, time and/or date as shall be mutually agreed by the parties may agree Company and the Purchasers (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 Stock and (ii) the Warrants 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 and Warrants shall be made against receipt by the Company of the portion of the Purchase Price payable therefortherefor (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 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 Securities (the "Closing") shall take place at the offices of Skadden, Arps, Slate, Meagher & Flom, LLP, Four Time Square, New York, New York 10036, at xx 0:00 x.ma.x. xx xn the business businexx xxx xxxxxxxxx xxx xxxx xx xxxxx xxx xxl of the conditions to each party's obligations hereunder (other than Section 5.1(d)) have been satisfied or waived and on the same date and at the same time that the Restructuring is occurring, or at such other place or time as the 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 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, which shall be paid by wire transfer of immediately available funds to an account designated by the Company.