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 certificates for shares of Preferred Stock issuable with respect to Subscriptions which have been accepted. It is hereby agreed immediately following the effective date of the Subscription, immediately available funds, represented by certified check, money order, or wire transfer but not personal check, will be deposited with you and interest shall accrue on such funds ("Payment Fund") prior to any payment date (date of distribution to the Rights Holder) for the benefit of the Rights Holder in accordance with the "Investment Provision" described below: Mellon Bank, N.A. shall pay interest to the Rights Holder on the average daily balance of the Payment Fund at the Dreyfus General Money Market Class B Rate, less an investment service fee equal to $2,500.00 plus 1.00% per annum of the average daily balance of the Payment Fund for a period up to but not including the date of transfer of funds to the Company following the expiration of the Subscription. Immediately available funds must be received prior to 12:00 p.m. Noon Eastern Daylight Time. Funds received after this time will not earn interest for the Rights Holder until the following business day. Interest shall be paid immediately following the expiration and acceptance of the Rights Subscription by the Company. Interest shall not be paid unless all outstanding invoices have been paid by the Company. (b) advise the Company daily by telecopy and confirm by letter [ to the attention of ] (the "Company Representative"), with copies to [Underwriter, Address and Attention Party] as to the total number of shares of 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 [telephone number], 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 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 Preferred Additional Common Stock issuable with respect to Subscriptions which that have been accepted. It is hereby agreed immediately following the effective date of the Subscription, immediately available funds, represented by certified check, money order, or wire transfer but not personal check, will be deposited with you and interest shall accrue on such funds ("Payment Fund") prior to any payment date (date of distribution to the Rights Holder) for the benefit of the Rights Holder in accordance with the "Investment Provision" described below: Mellon Bank, N.A. shall pay interest to the Rights Holder on the average daily balance of the Payment Fund at the Dreyfus General Money Market Class B Rate, less an investment service fee equal to $2,500.00 plus 1.00% per annum of the average daily balance of the Payment Fund for a period up to but not including the date of transfer of funds to the Company following the expiration of the Subscription. Immediately available funds must be received prior to 12:00 p.m. Noon Eastern Daylight Time. Funds received after this time will not earn interest for the Rights Holder until the following business day. Interest shall be paid immediately following the expiration and acceptance of the Rights Subscription by the Company. Interest shall not be paid unless all outstanding invoices have been paid by the Company. (b) advise the Company daily by telecopy and confirm by letter [ to the attention of ] Patrick Grady (the "Company RepresentativeCompanx Xxxxxxxxxxtive"), with copies to [UnderwriterRaymond James, Address and Attention Party] as to the txxxx xxmxxx xf shares of Additional Common Stock Subscribed for pursuant to the Basic Subscription Privilege, the total number of shares of Preferred Additional Common Stock Subscribed for, total number of Rights sold, total number of Rights partially Subscribed for pursuant to the Over-Subscription Privilege and the amount of funds received, with cumulative totals for each; and in addition advise the Company Representative, by telephone [telephone number], 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 total number of shares of Additional Common Stock Subscribed forfor pursuant to the Basic Subscription Privilege, the number of shares of Additional Common Stock Subscribed for pursuant to the Over-Subscription Privilege, the number of Subscription guarantees received and the number of shares of Preferred 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 but after the determination as to the identity of persons to receive and the number of shares of Additional Common Stock to be issued pursuant to the Over-Subscription Privilege, you shall distribute to the Company the funds in such account and issue certificates for shares of Preferred Additional Common Stock issuable with respect to Subscriptions which have been accepted. It is hereby agreed immediately following the effective date of the Subscription, immediately available funds, represented by certified check, money order, or wire transfer but not personal check, will be deposited with you and interest shall accrue on such funds ("Payment Fund") prior to any payment date (date of distribution to the Rights Holder) for the benefit of the Rights Holder in accordance with the "Investment Provision" described below: Mellon Bank, N.A. shall pay interest to the Rights Holder on the average daily balance of the Payment Fund at the Dreyfus General Money Market Class B Rate, less an investment service fee equal to $2,500.00 plus 1.00% per annum of the average daily balance of the Payment Fund for a period up to but not including the date of transfer of funds to the Company following the expiration of the Subscription. Immediately available funds must be received prior to 12:00 p.m. Noon Eastern Daylight Time. Funds received after this time will not earn interest for the Rights Holder until the following business day. Interest shall be paid immediately following the expiration and acceptance of the Rights Subscription by the Company. Interest shall not be paid unless all outstanding invoices have been paid by the Company. (b) advise the Company daily by telecopy and confirm by letter [ to the attention of ] Davix X. Xxxxxxx (the xxe "Company Representative"), with copies to [Underwriter, Address and Attention Party] as to the total number of shares of Preferred Additional Common Stock Subscribed forfor pursuant to the Basic Subscription Privilege, the total number of Rights sold, total number shares of Rights partially Additional Common Stock Subscribed for pursuant to the Over-Subscription Privilege and the amount of funds received, with cumulative totals for each; and and, in addition addition, advise the Company Representative, by telephone [telephone number]at (817) 491-2992, 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 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 Preferred Additional Common Stock unsubscribed for.Subscribed

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 but after the determination as to the identity of persons to receive and the number of shares of Additional Common Stock to be issued pursuant to the Over- Subscription Privilege, you shall distribute to the Company the funds in such account and issue certificates for shares of Preferred Additional Common Stock issuable with respect to Subscriptions which have been accepted. It is hereby agreed immediately following the effective date of the Subscription, immediately available funds, represented by certified check, money order, or wire transfer but not personal check, will be deposited with you and interest shall accrue on such funds ("Payment Fund") prior to any payment date (date of distribution to the Rights Holder) for the benefit of the Rights Holder in accordance with the "Investment Provision" described below: Mellon Bank, N.A. shall pay interest to the Rights Holder on the average daily balance of the Payment Fund at the Dreyfus General Money Market Class B Rate, less an investment service fee equal to $2,500.00 plus 1.00% per annum of the average daily balance of the Payment Fund for a period up to but not including the date of transfer of funds to the Company following the expiration of the Subscription. Immediately available funds must be received prior to 12:00 p.m. Noon Eastern Daylight Time. Funds received after this time will not earn interest for the Rights Holder until the following business day. Interest shall be paid immediately following the expiration and acceptance of the Rights Subscription by the Company. Interest shall not be paid unless all outstanding invoices have been paid by the Company. (b) advise the Company daily by telecopy and confirm by letter [ to the attention of ] Larrx X. Xxxs (the "Company Representative"), with copies to [Underwriter, Address and Attention Party] as to the total number of shares of Preferred Additional Common Stock Subscribed forfor pursuant to the Basic Subscription Privilege, the total number of Rights sold, total number shares of Rights partially Additional Common Stock Subscribed for pursuant to the Over-Subscription Privilege and the amount of funds received, with cumulative totals for each; and and, in addition addition, advise the Company Representative, by telephone [telephone number]at (972) 000-0000, confirmed xxnfirmed 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 of Additional Common Stock Subscribed forfor pursuant to the Basic Subscription Privilege, the number of shares of Additional Common Stock Subscribed for pursuant to the Over-Subscription Privilege, the number of Subscription guarantees received and the number of shares of Preferred Additional Common Stock unsubscribed for.