Common use of Purchase Price and Closing Clause in Contracts

Purchase Price and Closing. The Company agrees to issue and sell to the Purchasers and, in consideration of and in express reliance upon the representations, warranties, covenants, terms and conditions of this Agreement, the Purchasers, severally but not jointly, agree to purchase that number of the Preferred Shares and Warrants set forth opposite their respective names on Exhibit A. The aggregate purchase price of the Preferred Shares and Warrants being acquired by each Purchaser is set forth opposite such Purchaser's name on Exhibit A (for each such Purchaser, the "Purchase Price" and collectively referred to as the "Purchase Prices"). The closing of the purchase and sale of the Preferred Shares and Warrants shall take place at the offices of Jenkens & Gilchrist Parker Chapin LLP, The Chrysler Building, 405 Lexington Avxxxx, Xxx Xxxx, Xxx Xxxk 10174 (the "Closing") at 1:00 x.x. (xxxxxxx xxxx) xxxx xxx xxxxxxxxxxxx xf each of the conditions set forth in Article IV hereof (the "Closing Date"). Funding with respect to the Closing shall take place by wire transfer of immediately available funds on or prior to the Closing Date.

Purchase Price and Closing. The Company agrees to issue and sell to the Purchasers and, in consideration of and in express reliance upon the representations, warranties, covenants, terms and conditions of this Agreement, the Purchasers, severally but not jointly, agree to purchase that number of the Preferred Shares and Warrants set forth opposite their respective names on Exhibit A. The aggregate purchase price of the Preferred Shares and Warrants being acquired by each Purchaser is set forth opposite such Purchaser's name on Exhibit A (for each such Purchaserpurchaser, the "Purchase Price" and collectively referred to as the "Purchase Prices"). The closing of under this Agreement (the purchase and sale of the Preferred Shares and Warrants "Closing") shall take place no later than September 30, 2002 at the offices of Jenkens & Gilchrist Parker Chapin LLP, The Chrysler Building, 405 Lexington AvxxxxAvexxx, Xxx XxxxYxxx, Xxx Xxxk Xxxx 10174 (the "Closing") at 1:00 x.x. p.m. (xxxxxxx eastern xxxx) xxxx xxx xxxxxxxxxxxx xf each of the conditions xx xxxx xx xxx xxxditions set forth in Article IV Section 4 hereof (the "Closing Date"). Funding with respect to the Closing shall take place by wire transfer of immediately available funds on or prior to the Closing Date.

Purchase Price and Closing. The Company agrees to issue and sell to the Purchasers and, in consideration of and in express reliance upon the representations, warranties, covenants, terms and conditions of this Agreement, the Purchasers, severally but not jointly, agree to purchase that number of the Preferred Shares and Warrants set forth opposite their respective names on Exhibit A. The aggregate purchase price of the Preferred Shares and Warrants being acquired by each Purchaser is set forth opposite such Purchaser's ’s name on Exhibit A (for each such Purchaser, the "“Purchase Price" ” and collectively referred to as the "“Purchase Prices"”). The closing of the purchase and sale of the Preferred Shares and Warrants shall take place at the offices of Jenkens & Gilchrist Parker Chapin Xxxxxxxxx Xxxxxx Xxxxxx LLP, The Chrysler Building, 405 Lexington Avxxxx000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxk 10174 Xxxx 00000 (the "“Closing"”) at 1:00 x.x. p.m. (xxxxxxx xxxxeastern time) xxxx xxx xxxxxxxxxxxx xf upon the satisfaction of each of the conditions set forth in Article IV hereof (the "“Closing Date"”). Funding with respect to the Closing shall take place by wire transfer of immediately available funds on or prior to the Closing Date.

Purchase Price and Closing. The Company agrees to issue and sell to the Purchasers and, in consideration of and in express reliance upon the representations, warranties, covenants, terms and conditions of this Agreement, the Purchasers, severally but not jointly, agree to purchase that number of the Preferred Shares and Warrants set forth opposite their respective names on Exhibit A. The aggregate purchase price of the Preferred Shares and Warrants being acquired by each Purchaser is set forth opposite such Purchaser's name on Exhibit A (for each such Purchaser, the "Purchase Price" and collectively referred to as the "Purchase Prices"). The closing of the purchase and sale of the Preferred Shares and Warrants shall take place at the offices of Jenkens & Gilchrist Parker Chapin Gxxxxxxxx Pxxxxx Xxxxxx LLP, The Chrysler Building, 405 Lexington Avxxxx400 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxk 10174 Xxxx 00000 (the "Closing") at 1:00 x.x. p.m. (xxxxxxx xxxxeastern time) xxxx xxx xxxxxxxxxxxx xf upon the satisfaction of each of the conditions set forth in Article IV hereof (the "Closing Date"). Funding with respect to the Closing shall take place by wire transfer of immediately available funds on or prior to the Closing Date...

Purchase Price and Closing. The Company agrees to issue and sell to the Purchasers and, in consideration of and in express reliance upon the representations, warranties, covenants, terms and conditions of this Agreement, the Purchasers, severally but not jointly, agree to purchase that number of the Preferred Shares and Warrants set forth opposite their respective names on Exhibit A. The aggregate purchase price of the Preferred Shares and Warrants being acquired by each Purchaser is set forth opposite such Purchaser's name on Exhibit A (for each such Purchaserpurchaser, the "Purchase Price" and collectively referred to as the "Purchase Prices"). The closing of the purchase and sale of the Preferred Shares and Warrants shall take place at the offices of Jenkens & Gilchrist Parker Chapin Xxxxxxxxx Xxxxxx Xxxxxx LLP, The Chrysler Building, 405 Lexington Avxxxx000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxk 10174 Xxxx 00000 (the "Closing") at 1:00 x.x. p.m. (xxxxxxx xxxxeastern time) xxxx xxx xxxxxxxxxxxx xf upon the satisfaction of each of the conditions set forth in Article IV hereof (the "Closing Date"). Funding with respect to the Closing shall take place by wire transfer of immediately available funds on or prior to the Closing Date.

Purchase Price and Closing. The Company agrees to issue and sell to the Purchasers and, in consideration of and in express reliance upon the representations, warranties, covenants, terms and conditions of this Agreement, the Purchasers, severally but not jointly, agree to purchase that number of the Preferred Shares Notes and Warrants set forth opposite their respective names on Exhibit A. the Warrants. The aggregate purchase price of the Preferred Shares Notes and Warrants being acquired by each Purchaser is set forth opposite such Purchaser's name on Exhibit A (for each such Purchaser, the "Purchase Price" and collectively referred to as the "Purchase Prices"). The closing Notes and Warrants shall be sold and funded in multiple closings (each, a "Closing"); provided, that the final Closing under this Agreement occurs no later than the day immediately preceding the filing of the purchase and sale registration statement providing for the resale of the Preferred Conversion Shares and Warrants the Warrant Shares pursuant to the Registration Rights Agreement (as defined in Section 2.1(b) hereof). Each Closing shall take place at the offices of Jenkens & Gilchrist Parker Chapin Xxxxxxxxx Xxxxxx Xxxxxx LLP, The Chrysler Building, 405 Lexington Avxxxx000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxk 10174 (the "Closing") Xxxx 00000 at 1:00 x.x. p.m. (xxxxxxx xxxxeastern time) xxxx xxx xxxxxxxxxxxx xf or at such other time and place as the Purchasers and the Company may agree upon, upon the satisfaction of each of the conditions set forth in Article IV hereof (the each, a "Closing Date"). Funding with respect to the each Closing shall take place by wire transfer of immediately available funds on or prior to the applicable Closing Date.

Purchase Price and Closing. The Company agrees to issue and sell to the Purchasers and, in consideration of and in express reliance upon the representations, warranties, covenants, terms and conditions of this Agreement, the Purchasers, severally but not jointly, agree to purchase that number of the Preferred Shares and Warrants set forth opposite their respective names on Exhibit A. The aggregate purchase price of the Preferred Shares and Warrants being acquired by each Purchaser is set forth opposite such Purchaser's ’s name on Exhibit A (for each such Purchaser, the "“Purchase Price" ” and collectively referred to as the "“Purchase Prices"”). The closing of the purchase and sale of the Preferred Shares and Warrants shall take place at the offices of Jenkens & Gilchrist Parker Chapin Xxxxxxxxx Xxxxxx Xxxxxx LLP, The Chrysler Building, 405 Lexington Avxxxx000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxk 10174 Xxxx 00000 (the "“Closing"”) at 1:00 x.x. p.m. (xxxxxxx xxxxeastern time) xxxx xxx xxxxxxxxxxxx xf upon the satisfaction of each of the conditions set forth in Article IV hereof or such other date as the parties may mutually agree (the "“Closing Date"”). Funding with respect to the Closing shall take place by wire transfer of immediately available funds on or prior to the Closing Date.

Purchase Price and Closing. The Company agrees to issue and sell to the Purchasers and, in consideration of and in express reliance upon the representations, warranties, covenants, terms and conditions of this Agreement, the Purchasers, severally but not jointly, agree to purchase that number of the Preferred Shares and Warrants set forth opposite their respective names on Exhibit A. The aggregate purchase price of the Preferred Shares and Warrants being acquired by each Purchaser is set forth opposite such Purchaser's name on Exhibit A (for each such Purchaserpurchaser, the "Purchase Price" and collectively referred to as the "Purchase Prices"). The closing of the purchase and sale of the Preferred Shares and Warrants shall take place at the offices of Jenkens & Gilchrist Parker Chapin LLP, The Chrysler Building, 405 Lexington AvxxxxLexingtox Xxxxxx, Xxx Xxxx, Xxx Xxxk York 10174 (the "Closing") at 1:00 0:00 x.x. (xxxxxxx xxxx) xxxx xxx xxxxxxxxxxxx xf of each of the conditions set forth in Article IV hereof (the "Closing Date"). Funding with respect to the Closing shall take place by wire transfer of immediately available funds on or prior to the Closing Date.

Purchase Price and Closing. The Company agrees to issue and sell to the Purchasers and, in consideration of and in express reliance upon the representations, warranties, covenants, terms and conditions of this Agreement, the Purchasers, severally but not jointly, agree to purchase that number of the Preferred Shares and Warrants set forth opposite their respective names on Exhibit A. A attached hereto. The aggregate purchase price of the Preferred Shares and Warrants being acquired by each Purchaser is set forth opposite such Purchaser's name on Exhibit A attached hereto (for each such Purchaser, the "Purchase Price" and collectively referred to as the "Purchase Prices"). The closing of the purchase and sale of the Preferred Shares and Warrants shall take place at the offices of Jenkens & Gilchrist Parker Chapin LLP, The Chrysler Building, 405 Lexington AvxxxxAvexxx, Xxx XxxxYxxx, Xxx Xxxk Xxxx 10174 (the "Closing") at 1:00 x.x. (xxxxxxx xxxx) xxxx xxx xxxxxxxxxxxx xf xx each of the conditions set forth in Article IV hereof (the "Closing Date"). Funding with respect to the Closing shall take place by wire transfer of immediately available funds on or prior to the Closing Date.

Purchase Price and Closing. The Company agrees to issue and sell to the Purchasers and, in consideration of and in express reliance upon the representations, warranties, covenants, terms and conditions of this Agreement, the Purchasers, severally but not jointly, agree to purchase that number of the Preferred Shares and Warrants set forth opposite their respective names on Exhibit A. The aggregate purchase price of the Preferred Shares and Warrants being acquired by each Purchaser is set forth opposite such Purchaser's ’s name on Exhibit A (for each such Purchaserpurchaser, the "“Purchase Price" ” and collectively referred to as the "“Purchase Prices"”). The closing of the purchase and sale of the Preferred Shares and Warrants shall take place at the offices of Jenkens & Gilchrist Parker Chapin Xxxxxxxxx Xxxxxx Xxxxxx LLP, The Chrysler Building, 405 Lexington Avxxxx000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxk 10174 Xxxx 00000 (the "“Closing"”) at 1:00 x.x. p.m. (xxxxxxx xxxxeastern time) xxxx xxx xxxxxxxxxxxx xf upon the satisfaction of each of the conditions set forth in Article IV hereof (the "“Closing Date"”). Funding with respect to the Closing shall take place by wire transfer of immediately available funds on or prior to the Closing Date.

Purchase Price and Closing. The Company agrees to issue and sell to the Purchasers and, in consideration of and in express reliance upon the representations, warranties, covenants, terms and conditions of this Agreement, the Purchasers, severally but not jointly, agree to purchase that number of the Preferred Shares and Warrants set forth opposite their respective names on Exhibit A. The aggregate purchase price of the Preferred Shares and Warrants being acquired by each Purchaser is set forth opposite such Purchaser's name on Exhibit A (for each such Purchaser, the "Purchase Price" and collectively referred to as the "Purchase Prices"). The closing of the purchase and sale of the Preferred Shares and Warrants shall take place at the offices of Jenkens & Gilchrist Parker Chapin Xxxxxxxxx Xxxxxx Xxxxxx LLP, The Chrysler Building, 405 Lexington Avxxxx000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxk 10174 Xxxx 00000 (the "Closing") at 1:00 x.x. p.m. (xxxxxxx xxxxeastern time) xxxx xxx xxxxxxxxxxxx xf or at such other time and place as the Purchasers and the Company may agree upon, upon the satisfaction of each of the conditions set forth in Article IV hereof (the "Closing Date"). Funding with respect to the Closing shall take place by wire transfer of immediately available funds on or prior to the Closing Date.