Closing and Termination of Offering. Provided that the required conditions to closing set forth herein have been satisfied or waived, a closing (the “Initial Closing”) shall take place at the offices of the Company as set forth herein or at such place as may otherwise be agreed to by the Company within 30 days of the receipt of the first cleared subscriber’s funds. The Company may consummate subsequent closings of the Offering, upon mutual agreement only, each of which shall be subject to satisfaction or waiver of the conditions to closing set forth herein, and each of which shall be deemed a “Closing” hereunder.
Closing and Termination of Offering. Provided that the required conditions to closing set forth in Article V and Article VI hereof have been satisfied or waived, a closing (the “Initial Closing”) shall take place at the offices of the Company as set forth herein or at such place as may otherwise be agreed to by the Company within 30 days of the receipt of the first cleared subscriber’s funds. The Company may consummate subsequent closings of the Offering, upon mutual agreement only, each of which shall be subject to satisfaction or waiver of the conditions to closing set forth in Article V and Article VI hereof, and each of which shall be deemed a “Closing” hereunder. The date of the last closing of the Offering is hereinafter referred to as the “Final Closing” and the date of any Closing hereunder is hereinafter referred to as a “Closing Date.” The offering period for the Offering shall commence on the day the Offering Document is first delivered to prospective Subscribers by the Company for delivery in connection with the offering for sale of the Units and shall continue until the earlier to occur of: (i) the sale of the all of the Units being offered pursuant to this Offering; and (ii) 5:00 p.m. (New York time), December 30, 2008; provided, however, that (A) if all of the Units have not been sold on or prior to December 30, 2008, this Offering may be extended for an additional ninety (90) days by the Company in its sole discretion and (B) this Offering may be terminated prior to December 30, 2008, upon the sole action of the Company. The day that the Offering Period terminates is hereinafter referred to as the “Termination Date.”
Closing and Termination of Offering. Provided the Minimum Offering shall have been subscribed for, all conditions to closing set forth in Section 3 of this Agreement and Article V and Article VI of the Subscription Agreement have been satisfied or waived and neither the Company nor the Placement Agent have notified the other that they do not intend to effect the closing of the Minimum Offering, a closing (the "Initial Closing") shall take place at the offices of counsel to the Placement Agent, Gusrae, Kaplan & Bruno, PLLC, 120 Wall Stxxxx, New York, New Yoxx 00000 xxxxxx xxxxx (0) xxxxxxxx xxxx xhereafter (but in no event later than five (5) business days following the Termination Date), which closing date may be accelerated or adjourned by agreement between the Company and the Placement Agent. At the Initial Closing, payment for the Units issued and sold by the Company shall be made against delivery of the Notes, Shares and Warrants. The Company and the Placement Agent may consummate subsequent closings of the Offering, upon mutual agreement only, each of which shall be subject to satisfaction or waiver of the conditions to closing set forth in Article V and Article VI of the Subscription Agreement and in Section 3 of this Agreement, and each of which shall be deemed a "Closing" hereunder. The date of the last closing of the Offering is hereinafter referred to as the "Final Closing" and the date of any Closing hereunder is hereinafter referred to as a "Closing Date." The offering period for the Offering (the "Offering Period") shall commence on the day the Transaction Documents are first made available to the Placement Agent by the Company for delivery in connection with the Offering for sale of the Units and shall continue until the earlier to occur of: (i) the sale of the Maximum Offering (including the Over-Allotment Securities); and (ii) June 18, 2002 provided, however, that if the Initial Closing occurs on or prior to June 18, 2002, the Offering Period automatically shall be extended until August 18, 2002. The day that the Offering Period terminates is hereinafter referred to as the "Termination Date."
Closing and Termination of Offering. Provided the conditions to closing set forth in Article V and Article VI hereof have been satisfied or waived and neither the Company nor the Placement Agent have notified the other that they do not intend to effect an initial Closing, the Company may effectuate an initial Closing and subsequent Closings (as defined below) at such time and place as it so determines (but in no event later than five (5) business days following the Termination Date). At each closing, payment from the Escrow Account for the Units sold by the Company shall be made. The Company and the Placement Agent may consummate subsequent closings of the Offering, upon mutual agreement only, each of which shall be subject to satisfaction or waiver of the conditions to closing set forth in Article V and Article VI hereof, and each of which shall be deemed a "Closing" hereunder. The date of the last closing of the Offering is hereinafter referred to as the "Final Closing" and the date of any Closing hereunder is hereinafter referred to as a "Closing Date." The offering period for the Offering shall commence on the day the Offering Documents relating thereto are first made available to the Placement Agent by the Company for delivery in connection with the offering for sale of the Units and shall continue until the earlier to occur of: (i) the sale of the Maximum Offering; and (ii) 5:00 p.m. (New York time), June 15, 2004; provided, however, that the Placement Agent may extend the Offering Period for an additional sixty (60) days. The day that the Offering Period terminates is hereinafter referred to as the "Termination Date."
Closing and Termination of Offering. Provided that the required conditions to closing set forth in Article V and Article VI hereof have been satisfied or waived, a closing (the “Initial Closing”) shall take place at the offices of the Company as set forth herein or at such place as may otherwise be agreed to by the Company, within twenty (20) business days after the first funds have been deposited by the Company and have become cleared funds (but in no event later than five (5) business days following the Termination Date), which closing date may be accelerated or adjourned by the Company for any reasonable period not to exceed 30 days. The offering period for the Offering shall commence on the day the Offering Document is first delivered to prospective Subscribers by the Company for delivery in connection with the offering for sale of the Units and shall continue until the earlier to occur of: (i) the sale of the all of the Units being offered pursuant to this Offering; and (ii) 5:00 p.m. (Pacific Standard time), October 31, 2006; provided, however, that (A) if all of the Units have not been sold on or prior to October 31, 2006, this Offering may be extended for an additional thirty (30) days by the Company in its sole discretion and (B) this Offering may be terminated prior to October 31, 2006, upon the sole action of the Company. The day that the Offering Period terminates is hereinafter referred to as the “Termination Date.”
