Common use of Form of Payment; Deliveries Clause in Contracts

Form of Payment; Deliveries. On the Closing Date, (i) the Buyers shall pay the Purchase Price (less the amount withheld pursuant to Section 4(g)) to the Company for the Common Shares, the Series E Stock and the Series N Warrants to be issued and sold to the Buyer at the Closing, by wire transfer of immediately available funds in accordance with the Flow of Funds Letter (as defined below) and (ii) the Company shall (A) cause Philadelphia Stock Transfer, Inc. (together with any subsequent transfer agent, the “Transfer Agent”) through the Depository Trust Company (“DTC”) Fast Automated Securities Transfer Program, to credit such number of Common Shares as set forth on the signature page hereto for each Buyer’s or its respective designee’s balance account with DTC through its Deposit/Withdrawal at Custodian system, (B) deliver to each Buyer such number of shares of Series E Stock as set forth on the signature page hereto and (C) deliver to the Buyers the Series N Warrants pursuant to which each Buyer shall have the right to initially acquire such number of Series N Warrant Shares as set forth on the signature page hereto, duly executed on behalf of the Company and registered in the name of each Buyer or its respective designee.

Form of Payment; Deliveries. On the Closing Date, (i) the Buyers Buyer shall pay the Purchase Price (less the amount withheld pursuant to Section 4(g)) to the Company for the Common Shares, the Series E B Stock and the Series N Warrants to be issued and sold to the Buyer at the Closing, by wire transfer of immediately available funds in accordance with the Flow of Funds Letter (as defined below) and (ii) the Company shall (A) cause Philadelphia American Stock Transfer, Inc. Transfer & Trust Company (together with any subsequent transfer agent, the “Transfer Agent”) through the Depository Trust Company (“DTC”) Fast Automated Securities Transfer Program, to credit such number of Common Shares as set forth on the signature page hereto for each the Buyer’s or its respective designee’s balance account with DTC through its Deposit/Withdrawal at Custodian system, (B) deliver to each the Buyer such number of shares of Series E B Stock as set forth on the signature page hereto and (C) deliver to the Buyers Buyer the Series N Warrants pursuant to which each the Buyer shall have the right to initially acquire such number of Series N Warrant Shares as set forth on the signature page hereto, duly executed on behalf of the Company and registered in the name of each the Buyer or its respective designee.

Form of Payment; Deliveries. On the Closing Date, (i) the Buyers each Purchaser shall pay the its respective Purchase Price (less the amount withheld pursuant to Section 4(g)) to the Company for the Common Shares, the Series E Stock Shares and the Series N Warrants (if applicable) to be issued and sold to the Buyer such Purchaser at the Closing, by wire transfer of immediately available funds in accordance with the Flow of Funds Letter (as defined below) Company’s written wire instructions, and (ii) the Company shall (A) cause Philadelphia American Stock TransferTransfer & Trust Company, Inc. LLC (together with any subsequent transfer agent, the “Transfer Agent”), upon the election of the Purchaser as set forth on such Purchaser’s signature page hereto, either, (1) physically deliver a stock certificate, or (2) credit through the Depository Trust Company (“DTC”) Fast Automated Securities Transfer Program, Program to credit such number of Common Shares as set forth on the signature page hereto for each BuyerPurchaser’s or its respective designee’s balance account with DTC through its Deposit/Withdrawal at Custodian system, in each case, such aggregate number of Shares that such Purchaser is purchasing as is set forth on such Purchaser’s signature page hereto, (B) if applicable, deliver to each Buyer such number of shares of Series E Stock as set forth on the signature page hereto and (C) deliver to the Buyers the Series N Warrants Purchaser a Warrant pursuant to which each Buyer such Purchaser shall have the right to initially acquire up to such number of Series N Warrant Shares as is set forth on the such Purchaser’s signature page hereto, hereto duly executed on behalf of the Company and registered in the name of each Buyer such Purchaser or its respective designeedesignee and (C) deliver to such Purchaser the other documents, instruments and certificates set forth in ARTICLE 7.

Form of Payment; Deliveries. On the Closing Date, (i) the Buyers each Buyer shall pay the its respective Purchase Price (less the amount withheld pursuant to Section 4(g)) to the Company for the Common Shares, the Series E Stock Purchased Shares and the Series N Warrants to be issued and sold to the such Buyer at the Closing, by wire transfer of immediately available funds in accordance with the Flow of Funds Letter (as defined below) (less, in the case of the lead Buyer, the amounts withheld pursuant to Section 4(j)) and (ii) the Company shall (A) cause Philadelphia Stock Transfer, Inc. Transhare Corporation (together with any subsequent transfer agent, the “Transfer Agent”) through the Depository Trust Company (“DTC”) Fast Automated Securities Transfer Program, to credit such aggregate number of Common Purchased Shares that each Buyer is purchasing as is set forth on the signature page of such Buyer attached hereto for each to such Buyer’s or its respective designee’s balance account with DTC through its Deposit/Withdrawal at Custodian system, and (B) deliver to each Buyer such number of shares of Series E Stock as set forth on the signature page hereto and (C) deliver to the Buyers the Series N Warrants a Warrant pursuant to which each such Buyer shall have the right to initially acquire up to such aggregate number of Series N Warrant Shares as is set forth on the signature page of such Buyer attached hereto, in each case, duly executed on behalf of the Company and registered in the name of each such Buyer or its respective designee.

Form of Payment; Deliveries. On the Closing Date, (i) the Buyers Purchaser shall pay the Purchase Price (less the amount withheld pursuant to Section 4(g)) to the Company for the Common Shares, the Series E Stock Shares and the Series N Warrants to be issued and sold to the Buyer Purchaser at the Closing, by wire transfer of immediately available funds in accordance with the Flow of Funds Letter (as defined below) Company’s written wire instructions, and (ii) the Company shall (A) cause Philadelphia American Stock TransferTransfer & Trust Company, Inc. LLC (together with any subsequent transfer agent, the “Transfer Agent”), upon the election of the Purchaser as set forth on the Purchaser’s signature page hereto, either, (1) physically deliver a stock certificate, or (2) credit through the Depository Trust Company (“DTC”) Fast Automated Securities Transfer Program, Program to credit such number of Common Shares as set forth on the signature page hereto for each BuyerPurchaser’s or its respective designee’s balance account with DTC through its Deposit/Withdrawal at Custodian system, in each case, the aggregate number of Shares that the Purchaser is purchasing as is set forth on the Purchaser’s signature page hereto, (B) deliver to each Buyer such number of shares of Series E Stock as set forth on the signature page hereto and (C) deliver to the Buyers the Series N Warrants Purchaser a Warrant pursuant to which each Buyer the Purchaser shall have the right to initially acquire up to such number of Series N Warrant Shares as is set forth on the Purchaser’s signature page hereto, hereto duly executed on behalf of the Company and registered in the name of each Buyer the Purchaser or its respective designeedesignee and (C) deliver to the Purchaser the other documents, instruments and certificates set forth in ARTICLE 7.