Common use of Payment of Purchase Price; Deliveries Clause in Contracts

Payment of Purchase Price; Deliveries. On the Closing Date, (x) each Buyer shall pay its respective Purchase Price to the Company for the Preferred Shares and the Warrants to be issued and sold to such Buyer at the Closing, by wire transfer of immediately available funds in accordance with the Company’s written wire instructions, (less, in the case of any applicable Buyer, the amounts withheld pursuant to Section 4(j)), and (y) the Company shall (A) deliver to each Buyer certificates representing such aggregate number of Preferred Shares as is set forth opposite such Buyer’s name in column (3) of the Schedule of Buyers, (B) deliver to each Buyer a Warrant to initially acquire up to the aggregate number of Warrant Shares as is set forth opposite such Buyer’s name in column (4) on the Schedule of Buyers, duly executed on behalf of the Company and registered in the name of such Buyer or its designee, (C) deliver to each Buyer certificates representing such aggregate number of Commitment Shares as is set forth opposite such Buyer’s name in column (6) of the Schedule of Buyers, and (D) deliver to each such Buyer the other documents, instruments and certificates set forth in Section 6 duly executed on behalf of the Company.

Payment of Purchase Price; Deliveries. On the Closing Date, (xi) each Buyer shall pay its respective Purchase Price to the Company for the Preferred Common Shares and the Warrants to be issued and sold to such Buyer at the Closing, by wire transfer of immediately available funds in accordance with the Company’s written wire instructions, instructions (less, in the case of any applicable Buyer, less the amounts withheld pursuant to Section 4(j4(g)), ) and (yii) the Company shall (A) deliver cause Interwest Transfer Company (together with any subsequent transfer agent, the “Transfer Agent”) through the Depository Trust Company (“DTC”) Fast Automated Securities Transfer Program, to each Buyer certificates representing credit such aggregate number of Preferred Common Shares that such Buyer is purchasing as is set forth opposite such Buyer’s name in column (3) of on the Schedule of BuyersBuyers to such Buyer’s or its designee’s balance account with DTC through its Deposit/Withdrawal at Custodian system, (B) deliver to each Buyer a Warrant Warrants to initially acquire up to the aggregate number of Warrant Shares as is set forth opposite such Buyer’s name in column (4) on the Schedule of Buyers, Buyers duly executed on behalf of the Company and registered in the name of such Buyer or its designee, designee and (C) deliver to each Buyer certificates representing such aggregate number of Commitment Shares as is set forth opposite such Buyer’s name in column (6) of the Schedule of Buyers, and (D) deliver to each such Buyer the other documents, instruments and certificates set forth in Section 6 duly executed on behalf of the Company.

Payment of Purchase Price; Deliveries. On the Closing Date, (xi) each Buyer shall pay its respective Purchase Price to the Company for the Preferred Common Shares and the Warrants Subscription Units to be issued and sold to such Buyer at the Closing, by wire transfer of immediately available funds in accordance with the Company’s written wire instructions, (less, in the case of any applicable Buyer(as defined below) and (as defined below), as applicable, the amounts withheld pursuant to Section 4(j4(g)), ) and (yii) the Company shall (A) deliver cause American Stock Transfer & Trust Company, LLC (together with any subsequent transfer agent, the “Transfer Agent”) through the Depository Trust Company (“DTC”) Fast Automated Securities Transfer Program, to each Buyer certificates representing credit such aggregate number of Preferred Common Shares that such Buyer is purchasing as is set forth opposite such Buyer’s name in column (3) of the Schedule of Buyers, Buyers to such Buyer’s or its designee’s balance account with DTC through its Deposit/Withdrawal at Custodian system and (B) deliver to each Buyer a Warrant Subscription Unit to initially acquire up to the aggregate number of Warrant Unit Shares as is set forth opposite such Buyer’s name in column (4) on the Schedule of Buyers, duly executed on behalf of the Company and registered in the name of such Buyer or its designee, designee and (C) deliver to each Buyer certificates representing such aggregate number of Commitment Shares as is set forth opposite such Buyer’s name in column (6) of the Schedule of Buyers, and (D) deliver to each such Buyer the other documents, instruments and certificates set forth in Section 6 duly executed on behalf of the Company6.

Payment of Purchase Price; Deliveries. On the Closing Date, (xi) each Buyer shall pay its respective Purchase Price to the Company for the Preferred Registered Shares and the Warrants to be issued and sold to such Buyer at the Closing, by wire transfer of immediately available funds in accordance with the Company’s written wire instructions, instructions (less, in the case of any applicable the lead Buyer, the amounts withheld pursuant to Section 4(j4(i)), ) and (yii) the Company shall (A) deliver cause Computershare, Inc. (together with any subsequent transfer agent, the “Transfer Agent”) through the Depository Trust Company (“DTC”) Fast Automated Securities Transfer Program, to each Buyer certificates representing credit such aggregate number of Preferred Registered Shares that such Buyer is purchasing as is set forth opposite such Buyer’s name in column (3) of the Schedule of Buyers, Buyers to such Buyer’s or its designee’s balance account with DTC through its Deposit/Withdrawal at Custodian system and (B) deliver to each Buyer a Warrant pursuant to which such Buyer shall have the right to initially acquire up to the that aggregate number of Warrant Shares as is set forth opposite such Buyer’s name in column (4) on of the Schedule of Buyers, duly executed on behalf of the Company and registered in the name of such Buyer or its designee, (C) deliver to each Buyer certificates representing such aggregate number of Commitment Shares as is set forth opposite such Buyer’s name in column (6) of the Schedule of Buyers, and (D) deliver to each such Buyer the other documents, instruments and certificates set forth in Section 6 duly executed on behalf of the Company.