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 you shall distribute to the Company the funds in such account and issue shares of Additional Common Stock issuable with respect to Subscriptions which have been accepted. (b) advise the Company daily by email or telecopy and confirm by letter to the attention of Hugh C. O'Donnell (the "Company Representative"), as to txx xxxxx xxxxxx xf shares of Additional Common Stock Subscribed for and the amount of funds received, with cumulative totals for each; and in addition advise the Company Representative, by telephone at (513) 487-5982, confirmed by email or 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 you shall distribute to the Company the funds in such account and issue certificates for shares of Additional Common Series C Convertible Preferred Stock issuable with respect to Subscriptions which have been accepted. (b) advise the Company daily by email or telecopy and confirm by letter to the attention of Hugh C. O'Donnell Xxxxx Xxxxx, Esq. (the "Company Representative"), as to txx xxxxx xxxxxx xf the total number of shares of Additional Common Series C Preferred 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 at (513) 487000-5982, confirmed 000-0000,confirmed by email or telecopy, of the amount of funds received identified in accordance with (a) above, deposited, available or transferred in accordance with paragraph (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 timeTime, 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 Series C Preferred 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 you 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 email or telecopy via e-mail to and confirm by letter facsimile to the attention of Hugh C. O'Donnell Xxxx Xxxxx (the "Company Representative")) at (000) 000-0000, with copies to Xxxx Xxx, Esq. at (000) 000-0000, as to txx xxxxx xxxxxx xf the total number of shares of Additional Common Stock Subscribed subscribed for, total number of Rights partially exercised for and the amount of funds received, with cumulative totals for each; and in addition advise the Company Representative, by telephone at (513317) 487231-59827934, confirmed by email or telecopyfacsimile, 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 timeEastern Standard 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 subscribed for, the number of Subscription guarantees received and the number of shares of Additional Common Stock unsubscribed for.