Common use of Upon acceptance of a Subscription Clause in Contracts

Upon acceptance of a Subscription. (a) hold all monies received in a special account for the benefit of the Company. Promptly following the Expiration Time Mellon shall distribute to the Company the funds in such account and issue certificates for shares of Additional Common Stock issuable with respect to Subscriptions which have been accepted. (b) advise the Company daily by telecopy and confirm by letter to Mark Xxxxx, Xxce President and Controller (the "Company Representative"), with a copy to Guy Du Bose, Esq., General Counsel, (by telecopy) as to the total number of shares of Additional Common Stock Subscribed for, total number of Rights sold, total number of Rights partially Subscribed for and the amount of funds received, with cumulative totals for each; and in addition advise the Company Representative, by telephone to Mark Xxxxx xx (949) 000-0000 , xonfirmed by telecopy, of the amount of funds received identified in accordance with (a) above, deposited, available or transferred in accordance with (a) above, with cumulative totals; and (c) as promptly as possible but in any event on or before 3:30 p.m., New York City Time, on the first full business day following the Expiration Time, advise the Company Representative in accordance with (b) above of the number of shares Subscribed for, the number of Subscription guarantees received and the number of shares of Additional Common Stock unsubscribed for.

Upon acceptance of a Subscription. (a) hold all monies received in a special account for the benefit of the Company. Promptly following the Expiration Time Mellon shall distribute to the Company the funds in such account and issue certificates for shares of Additional Common Stock issuable with respect to Subscriptions which have been accepted. (b) advise the Company daily by telecopy and confirm by letter to Mark Xxxx Xxxxx, Xxce Vice President and Controller (the "Company Representative"), with a copy to Guy Du Bose, Esq., General Counsel, (by telecopy) as to the total number of shares of Additional Common Stock Subscribed for, total number of Rights sold, total number of Rights partially Subscribed for and the amount of funds received, with cumulative totals for each; and in addition advise the Company Representative, by telephone to Mark Xxxx Xxxxx xx at (949000) 000-0000 , xonfirmed confirmed by telecopy, of the amount of funds received identified in accordance with (a) above, deposited, available or transferred in accordance with (a) above, with cumulative totals; and (c) as promptly as possible but in any event on or before 3:30 p.m., New York City Time, on the first full business day following the Expiration Time, advise the Company Representative in accordance with (b) above of the number of shares Subscribed for, the number of Subscription guarantees received and the number of shares of Additional Common Stock unsubscribed for.

Upon acceptance of a Subscription. (a) hold all monies received in a special account for the benefit of the Company. Promptly following the Expiration Time Mellon ChaseMellon shall distribute to the Company the funds in such account and issue certificates for shares of Additional Common Stock issuable with respect to Subscriptions which have been accepted. (b) advise the Company daily by telecopy and confirm by letter to Mark Xxxxx, Xxce President and Controller (the "Company Representative"), with a copy to Guy Du Bose, Esq., General Counsel, (by telecopy) as to the total number of shares of Additional Common Stock Subscribed for, total number of Rights sold, total number of Rights partially Subscribed for and the amount of funds received, with cumulative totals for each; and in addition advise the Company Representative, by telephone to Mark Xxxxx xx (949) 000-0000 , xonfirmed by telecopy, of the amount of funds received identified in accordance with (a) above, deposited, available or transferred in accordance with (a) above, with cumulative totals; and (c) as promptly as possible but in any event on or before 3:30 p.m., New York City Time, on the first full business day following the Expiration Time, advise the Company Representative in accordance with (b) above of the number of shares Subscribed for, the number of Subscription guarantees received and the number of shares of Additional Common Stock unsubscribed for.