Common use of Closing Date; Settlement Dates Clause in Contracts

Closing Date; Settlement Dates. This Agreement shall become effective and binding (the “Closing”) upon: (a) the payment of the Investor Expense Reimbursement to the Investor at or prior to the Closing pursuant to Sections 7.1 and 10.1(a); (b) the delivery of counterpart signature pages of this Agreement and the Registration Rights Agreement executed by each of the Parties; and (c) the delivery of all other documents, instruments and writings required to be delivered at the Closing, in each case as provided in Section 7.1, to the offices of Xxxxxxxxx Xxxxx Xxxxxxx & Xxxxx, P.C., 000 Xxxxxxx Xxxxxx Xxxxx, Xxxxxxx Xxxxx, Xxxxxxxxxx 00000, at 4:00 p.m., New York City time, or at such other time as the Parties may agree, on the Closing Date. In consideration of and in express reliance upon the representations, warranties and covenants contained in, and upon the terms and subject to the conditions of, this Agreement, during the Investment Period the Company shall issue and sell to the Investor, and the Investor shall purchase from the Company, the Shares in respect of each VWAP Purchase. The payment for, against simultaneous delivery of, the Shares in respect of each VWAP Purchase shall occur in accordance with Section 3.2, provided that all of the conditions precedent in Article VII shall have been fulfilled at the applicable times set forth in Article VII.

Closing Date; Settlement Dates. This Agreement shall become effective and binding (the “Closing”) upon: upon (a) the payment delivery by the Company to its Transfer Agent of irrevocable instructions to issue the Investor Expense Reimbursement Initial Commitment Shares to the Investor at or prior to the Closing pursuant to its designees as provided in Sections 7.1 6.1 and 10.1(a9.1(ii); , (b) the delivery of counterpart signature pages of this Agreement and the Registration Rights Agreement executed by each of the Parties; parties hereto and thereto, and (c) the delivery of all other documents, instruments and writings required to be delivered at the Closing, in each case as provided in Section 7.16.1, to the offices of Xxxxxxxxx Xxxxx Xxxxxxx & XxxxxLLP, P.C.0 Xxxxx Xxxxxx, 000 Xxxxxxx Xxxxxx XxxxxXxx Xxxx, Xxxxxxx Xxxxx, Xxxxxxxxxx XX 00000, at 4:00 1:00 p.m., New York City time, or at such other time as the Parties may agree, on the Closing Date, or such other time and place as the parties hereto shall agree. In consideration of of, and in express reliance upon upon, the representations, warranties and covenants contained in, and upon the terms and subject to the conditions of, this Agreement, during the Investment Period the Company shall Company, at its sole option and discretion, may issue and sell to the Investor, and, if the Company elects to so issue and sell, the Investor shall purchase from the Company, the Shares in respect of each Fixed Purchase, VWAP PurchasePurchase and Additional VWAP Purchase (each, a “Settlement”). The payment for, against simultaneous delivery of, for the Shares in respect of each Fixed Purchase, VWAP Purchase and Additional VWAP Purchase shall occur (i) on the third (3rd) Trading Day following delivery of the Shares by the Company, and (ii) in accordance with Section 3.2Article II hereof; provided, provided that all of the conditions precedent in Article VII VI shall have been fulfilled at the applicable times set forth in Article VIIVI.

Closing Date; Settlement Dates. This Agreement shall become effective and binding (the “Closing”) upon: upon (a) the payment of the Investor Expense Reimbursement to the Investor at or prior to the Closing pursuant to Sections 7.1 and 10.1(a10.1(i); , (b) the delivery of irrevocable instructions to issue the Commitment Shares to the Investor or its designees as provided in Sections 7.1 and 10.1(ii), (c) the delivery of counterpart signature pages of this Agreement and the Registration Rights Agreement executed by each of the Parties; parties hereto and thereto, and (cd) the delivery of all other documents, instruments and writings required to be delivered at the Closing, in each case as provided in Section 7.1, to the offices of Xxxxxxxxx Xxxxx Xxxxxxx Dxxxxx & XxxxxWxxxxxx LLP, P.C.50 Xxxx 00xx Xxxxxx, 000 Xxxxxxx Xxxxxx XxxxxXxx Xxxx, Xxxxxxx Xxxxx, Xxxxxxxxxx XX 00000-0000, at 4:00 p.m., New York City time, or at such other time as the Parties may agree, on the Closing Date. In consideration of and in express reliance upon the representations, warranties and covenants contained in, and upon the terms and subject to the conditions of, this Agreement, during the Investment Period Period, the Company shall Company, at its sole option and discretion, may issue and sell to the Investor, and, if the Company elects to so issue and sell, the Investor shall purchase from the Company, the Shares in respect of each Fixed Purchase, each VWAP Purchase and each Additional VWAP Purchase. The payment for, against simultaneous delivery of, the of Shares in respect of each Fixed Purchase, each VWAP Purchase and each Additional VWAP Purchase, and the payment for such Shares, shall occur in accordance with Section 3.23.4, provided that all of the conditions precedent in Article VII shall have been fulfilled at the applicable times set forth in Article VII.

Closing Date; Settlement Dates. This Agreement shall become effective and binding (the “Closing”) upon: upon (a) the payment delivery by the Company to its Transfer Agent of irrevocable instructions to issue the Investor Expense Reimbursement Commitment Shares to the Investor at or prior to the Closing pursuant to its designees as provided in Sections 7.1 6.1 and 10.1(a9.1(ii); , (b) the delivery of counterpart signature pages of this Agreement and the Registration Rights Agreement executed by each of the Parties; parties hereto and thereto, and (c) the delivery of all other documents, instruments and writings required to be delivered at the Closing, in each case as provided in Section 7.16.1, to the offices of Xxxxxxxxx Xxxxx Xxxxxxx & McMurdo Law Group, LLC, 0000 Xxxxxx xx xxx Xxxxxxxx, 0xx Xxxxx, P.C.Xxx Xxxx, 000 Xxxxxxx Xxxxxx Xxxxx, Xxxxxxx Xxxxx, Xxxxxxxxxx XX 00000, at 4:00 1:00 p.m., New York City time, or at such other time as the Parties may agree, on the Closing Date, or such other time and place as the parties hereto shall agree. In consideration of of, and in express reliance upon upon, the representations, warranties and covenants contained in, and upon the terms and subject to the conditions of, this Agreement, during the Investment Period the Company shall Company, at its sole option and discretion, may issue and sell to the Investor, and, if the Company elects to so issue and sell, the Investor shall purchase from the Company, the Shares in respect of each Fixed Purchase, VWAP PurchasePurchase and Additional VWAP Purchase (each, a “Settlement”). The payment for, against simultaneous delivery of, for the Shares in respect of each Fixed Purchase, VWAP Purchase and Additional VWAP Purchase shall occur (i) on the third (3rd) Trading Day following delivery of the Shares by the Company, and (ii) in accordance with Section 3.2Article II hereof; provided, provided that all of the conditions precedent in Article VII shall have been fulfilled at the applicable times set forth in Article VII. The Investor shall be entitled to deduct from such payment for the Shares an amount equal to $1,500 for each Fixed Purchase, VWAP Purchase and Additional VWAP Purchase to cover the standard fees and expenses (each, a “Review Fee”) for the review of the applicable notice and related deposit of the applicable Shares.

Closing Date; Settlement Dates. This Agreement shall become effective and binding (the “Closing”) upon: upon (a) the payment delivery by the Company to its Transfer Agent of irrevocable instructions to issue the Investor Expense Reimbursement Initial Commitment Shares to the Investor at or prior to the Closing pursuant to its designees as provided in Sections 7.1 6.1 and 10.1(a9.1(ii); , (b) the delivery of counterpart signature pages of this Agreement and the Registration Rights Agreement executed by each of the Parties; parties hereto and thereto, and (c) the delivery of all other documents, instruments and writings required to be delivered at the Closing, in each case as provided in Section 7.16.1, to the offices of Xxxxxxxxx Xxxxx Xxxxxxx & XxxxxLLP, P.C.0 Xxxxx Xxxxxx, 000 Xxxxxxx Xxxxxx XxxxxXxx Xxxx, Xxxxxxx Xxxxx, Xxxxxxxxxx XX 00000, at 4:00 1:00 p.m., New York City time, or at such other time as the Parties may agree, on the Closing Date, or such other time and place as the parties hereto shall agree. In consideration of of, and in express reliance upon upon, the representations, warranties and covenants contained in, and upon the terms and subject to the conditions of, this Agreement, during the Investment Period Period, the Company shall Company, at its sole option and discretion, may issue and sell to the Investor, and, if the Company elects to so issue and sell, the Investor shall purchase from the Company, the Shares in respect of each Fixed Purchase, VWAP PurchasePurchase and Additional VWAP Purchase (each, a “Settlement”). The payment for, against simultaneous delivery of, for the Shares in respect of each Fixed Purchase, VWAP Purchase and Additional VWAP Purchase shall occur (i) on the second (2nd) Trading Day following the applicable Fixed Purchase Date, VWAP Purchase Date and Additional VWAP Purchase Date, and (ii) in accordance with Section 3.2Article II hereof; provided, provided that all of the conditions precedent in Article VII VI shall have been fulfilled at the applicable times set forth in Article VII.VI. The Company shall issue such Shares as directed by the Investor on (i) the same Trading Day that payment for such Fixed Purchase, VWAP Purchase, or Additional VWAP Purchase, as applicable, is received if such payment is received by 2:00 p.m., New York City time, or (ii) the next Trading Day if payment for such Fixed Purchase, VWAP Purchase, or Additional VWAP Purchase, as applicable, is received after 2:00 p.m., New York City time (each of such date, the “Share Settlement Date”). If the Company or the Transfer Agent shall fail for any reason, other than a failure of the Investor or its Broker-Dealer to set up a DWAC and required instructions, to electronically transfer any Shares as DWAC Shares in respect of a Fixed Purchase, a VWAP Purchase, and an Additional VWAP Purchase on the Share Settlement Date in compliance with this Section 1.2, and if on or after the Trading Day immediately following such Share Settlement Date the Investor purchases (in an open market transaction or otherwise) Common Shares to deliver in satisfaction of a sale by the Investor of such Shares that the Investor anticipated receiving from the Company in respect of such Fixed Purchase, VWAP Purchase, or Additional VWAP Purchase (as applicable), then the Company shall, within two (2) Trading Days after the Investor’s request, either (1) pay cash to the Investor in an amount equal to the Investor’s total purchase price (including brokerage commissions, if any) for the Common Shares so purchased (the “Cover Price”), at which point the Company’s obligation to deliver such Shares as DWAC Shares shall terminate, or (ii) promptly honor its obligation to deliver to the Investor such Shares as DWAC Shares and pay cash to the Investor in an amount equal to the excess (if any) of the Cover Price over the total purchase price paid by the Investor pursuant to this Agreement for all of the Shares to be purchased by the Investor in connection with such Fixed Purchase or VWAP Purchase (as applicable). The Company shall not issue any fraction of a Common Share upon any Fixed Purchase, VWAP

Closing Date; Settlement Dates. This Agreement shall become effective and binding (the “Closing”) upon: upon (a) the payment delivery by the Company to its Transfer Agent of irrevocable instructions to issue the Investor Expense Reimbursement Commitment Shares to the Investor at or prior to the Closing pursuant to its designees as provided in Sections 7.1 6.1 and 10.1(a9.1(ii); , (b) the delivery of counterpart signature pages of this Agreement and the Registration Rights Agreement executed by each of the Parties; parties hereto and thereto, and (c) the delivery of all other documents, instruments and writings required to be delivered at the Closing, in each case as provided in Section 7.16.1, to the offices of Xxxxxxxxx Xxxxx Xxxxxxx & McMurdo Law Group, LLC, 0000 Xxxxxx xx xxx Xxxxxxxx, 0xx Xxxxx, P.C.Xxx Xxxx, 000 Xxxxxxx Xxxxxx Xxxxx, Xxxxxxx Xxxxx, Xxxxxxxxxx XX 00000, at 4:00 1:00 p.m., New York City time, or at such other time as the Parties may agree, on the Closing Date, or such other time and place as the parties hereto shall agree. In consideration of of, and in express reliance upon upon, the representations, warranties and covenants contained in, and upon the terms and subject to the conditions of, this Agreement, during the Investment Period the Company shall Company, at its sole option and discretion, may issue and sell to the Investor, and, if the Company elects to so issue and sell, the Investor shall purchase from the Company, the Shares in respect of each Fixed Purchase, VWAP PurchasePurchase and Additional VWAP Purchase (each, a “Settlement”). The payment for, against simultaneous delivery of, the Shares in respect of each Fixed Purchase, VWAP Purchase and Additional VWAP Purchase shall occur in accordance with Section 3.2Article II hereof; provided, provided that all of the conditions precedent in Article VII shall have been fulfilled at the applicable times set forth in Article VII.

Closing Date; Settlement Dates. This Agreement shall become effective and binding (the “Closing”) upon: upon (a) the payment delivery by the Company to its Transfer Agent of irrevocable instructions to issue the Investor Expense Reimbursement Initial Commitment Shares to the Investor at or prior to the Closing pursuant to its designees as provided in Sections 7.1 6.1 and 10.1(a9.1(ii); , (b) the delivery of counterpart signature pages of this Agreement and the Registration Rights Agreement executed by each of the Parties; parties hereto and thereto, and (c) the delivery of all other documents, instruments and writings required to be delivered at the Closing, in each case as provided in Section 7.16.1, to the offices of Xxxxxxxxx Xxxxx Xxxxxxx & XxxxxLLP, P.C.0 Xxxxx Xxxxxx, 000 Xxxxxxx Xxxxxx XxxxxXxx Xxxx, Xxxxxxx Xxxxx, Xxxxxxxxxx XX 00000, at 4:00 1:00 p.m., New York City time, or at such other time as the Parties may agree, on the Closing Date, or such other time and place as the parties hereto shall agree. In consideration of of, and in express reliance upon upon, the representations, warranties and covenants contained in, and upon the terms and subject to the conditions of, this Agreement, during the Investment Period the Company shall Company, at its sole option and discretion, may issue and sell to the Investor, and, if the Company elects to so issue and sell, the Investor shall purchase from the Company, the Shares in respect of each Fixed Purchase, VWAP PurchasePurchase and Additional VWAP Purchase (each, a “Settlement”). The payment for, against simultaneous delivery of, for the Shares in respect of each Fixed Purchase, VWAP Purchase and Additional VWAP Purchase shall occur (i) on the second (2nd) Trading Day following delivery of the Shares by the Company, and (ii) in accordance with Section 3.2Article II hereof; provided, provided that all of the conditions precedent in Article VII shall have been fulfilled at the applicable times set forth in Article VII.

Closing Date; Settlement Dates. This Agreement shall become effective and binding (the “Closing”) upon: upon (a) the payment of the Investor Expense Reimbursement to the Investor at or prior to the Closing pursuant to Sections 7.1 and 10.1(a10.1(i); , (b) the delivery of counterpart signature pages of this Agreement and the Registration Rights Agreement executed by each of the Parties; parties hereto and thereto, and (c) the delivery of all other documents, instruments and writings required to be delivered at the Closing, in each case as provided in Section 7.1, to the offices of Xxxxxxxxx Xxxxx Xxxxxxx Dxxxxx & XxxxxWxxxxxx LLP, P.C.50 Xxxx 00xx Xxxxxx, 000 Xxxxxxx Xxxxxx XxxxxXxx Xxxx, Xxxxxxx Xxxxx, Xxxxxxxxxx XX 00000-0000, at 4:00 p.m., New York City time, or at such other time as the Parties may agree, on the Closing Date. In consideration of and in express reliance upon the representations, warranties and covenants contained in, and upon the terms and subject to the conditions of, this Agreement, during the Investment Period Period, the Company shall Company, at its sole option and discretion, may issue and sell to the Investor, and, if the Company elects to so issue and sell, the Investor shall purchase from the Company, the Shares in respect of each Fixed Purchase, each VWAP Purchase and each Additional VWAP Purchase. The payment for, against simultaneous delivery of, the of Shares in respect of each Fixed Purchase, each VWAP Purchase and each Additional VWAP Purchase, and the payment for such Shares, shall occur in accordance with Section 3.23.4, provided that all of the conditions precedent in Article VII shall have been fulfilled at the applicable times set forth in Article VII.