Common use of The First Closing Date Clause in Contracts

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [●], 2021, or such other time and date not later than 1:30 p.m. New York City time, on [●], 2021 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 000 Xxxx Xxxxx Xxxxxx Xxxxx, Xxx 00xx Xxxxx, Xxxxx Xxxx, Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [●·], 2021, or such other time and date not later than 1:30 p.m. New York City time, on [●·], 2021 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

The First Closing Date. Delivery of certificates for the Firm Shares Offered Securities to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx Cxxxxxxxx & Xxxxxxx Bxxxxxx LLP, 00000 Xxxx Xxxxx Xxxxx600 Xxxxxx Xxxxxx, Xxx XxxxxXxxx, Xxxxxxxxxx XX 00000 (or such other place or in such other manner as may be agreed to by the Company and the RepresentativesRepresentative) against payment therefor, at 9:00 a.m. New York City time, on [●]December 21, 2021, or such other time and date not later than 1:30 p.m. New York City time, on [●]December 30, 2021 as the Representatives Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 12670 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [●], 20212018, or such other time and date not later than 1:30 p.m. New York City time, on [●], 2021 2018 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

The First Closing Date. Delivery of certificates for the Firm Shares Offered Notes to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx Skadden, Arps, Slate, Xxxxxxx & Xxxxxxx Xxxx LLP, 00000 Xxxx 0 Xxxxx XxxxxXxxxxx, Xxx XxxxxXxxx, Xxxxxxxxxx Xxx Xxxx 00000 (or such other place as may be agreed to by the Company and the Representatives) at 9:00 7:00 a.m. New York City San Francisco time, on [●]November 28, 20212017, or at such other time on the same or such other time and date date, not later than 1:30 p.m. New York City timetwo business days after the foregoing date, on [●], 2021 as the Representatives shall designate by notice to the Company (the time and date of such closing are is called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not in no way limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1110.

The First Closing Date. Delivery of certificates for the Firm Shares Units to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx Stifxx, Xxxxxxxx & Xxxxxxx LLPXompany, 00000 Xxxx Incorporated, 500 Xxxxx Xxxxxxxx, Xxxxx 0000, Xx. Xxxxx, Xxx Xxxxx, Xxxxxxxxxx 00000 Xxxxxxxx (or xx such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [●___], 2021, or such other time and date not later than 1:30 p.m. New York City time, on [●], 2021 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “"First Closing Date”"). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not in no way limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1110.

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 000 Xxxx Xxxxx Xxxxxx Xxxxx, Xxx 00xx Xxxxx, Xxxxx Xxxx, Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [●]March 1, 2021, or such other time and date not later than 1:30 p.m. New York City time, on [●]March 15, 2021 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.Sections 11 and 19. 15

The First Closing Date. Delivery of certificates for the Firm Shares and the Pre-Funded Warrants to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx Xxxxxxxxx & Xxxxxxx LLP, 00000 Xxxx Xxxxx Xxxxx000 Xxxxxx Xxxxxx, Xxx XxxxxXxxx, Xxxxxxxxxx XX 00000 (or such other place as may be agreed to by the Company and the Representatives) Representative at 9:00 a.m. New York City time, on [●]June 30, 20212014, or such other time and date not later than 1:30 p.m. New York City time, on [●]July 15, 2021 2014 as the Representatives Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

The First Closing Date. Delivery of certificates for the Firm Shares Securities to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 000 Xxxx Xxxxx Xxxxxx Xxxxx, Xxx 00xx Xxxxx, Xxxxx Xxxx, Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [●]March 1, 2021, or such other time and date not later than 1:30 p.m. New York City time, on [●]March 15, 2021 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11Sections 11 and 19.

The First Closing Date. Delivery of certificates for the Firm Common Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx Xxxxxxxx & Xxxxxxx Xxxxx, LLP, 00000 000 Xxxx Xxxxx 00xx Xxxxxx, 00xx Xxxxx, Xxx XxxxxXxxx, Xxxxxxxxxx XX 00000 (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. a.m., New York City time, on [●]., 20212003, or such other time and date not later than 1:30 p.m. p.m., New York City time, on [●]., 2021 2003 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “"First Closing Date”"). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not in no way limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1110.

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx Xxxxxx, Xxxxxxxx & Xxxxxxx LLPCompany, 00000 Xxxx Incorporated, 000 Xxxxx Xxxxxxxx, Xxxxx 0000, Xx. Xxxxx, Xxx Xxxxx, Xxxxxxxxxx 00000 Xxxxxxxx (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [●___], 2021, or such other time and date not later than 1:30 p.m. New York City time, on [●], 2021 ___] as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “"First Closing Date”"). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not in no way limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1110.

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 000 Xxxx Xxxxx Xxxxxx Xxxxx, Xxx 00xx Xxxxx, Xxxxx Xxxx, Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [●]November 15, 20212012, or such other time and date not later than 1:30 p.m. New York City time, on [●]November 15, 2021 2012, as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 Xxxx Xxxxx Xxxxx0000 Xxxxxxxx Xxxx, Xxx Xxxxx, Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 9:00 a.m. New York City time, on [●]September 13, 20212016, or such other time and date not later than 1:30 p.m. New York City time, on [●]September 27, 2021 2016 as the Representatives Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company and the Selling Shareholders hereby acknowledges acknowledge that circumstances under which the Representatives Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company Company, the Selling Shareholders or the Representatives Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11Sections 11 and 19.

The First Closing Date. Delivery of certificates for the Firm Common Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx Sidley Austin Brown & Xxxxxxx Wood LLP, 00000 Xxxx Xxxxx Xxxxx787 Seventh Avenue, Xxx XxxxxNew York, Xxxxxxxxxx 00000 NY 10019 (or such other place as xxxx xxxxx xlacx xx may be agreed to by the Company and the Representativesbx xxxxxx xx xx xxx Xxxxxxx xxx xxx Xxxresentatives) at 9:00 a.m. New York City time, on [●]May 9, 2021, 2005 or such other time and date not later than 1:30 p.m. New York City time, on [●]May 16, 2021 2005 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “"First Closing Date”"). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not in no way limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1110.

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [●], 20212020, or such other time and date not later than 1:30 p.m. New York City time, on [●], 2021 2020 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx Xxxxx Xxxx & Xxxxxxx Xxxxxxxx LLP, 00000 Xxxx 0000 Xx Xxxxxx Xxxx, Xxxxx Xxxxx, Xxx XxxxxXxxx, Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the Representatives) at 9:00 10:00 a.m. New York City time, on [●]May 25, 20212018, or such other time and date not later than 1:30 p.m. New York City time, on [●]June 8, 2021 2018 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section Sections 11.

The First Closing Date. Delivery of certificates for the Firm Shares and Firm Warrants to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx Ropes & Xxxxxxx Gray LLP, 00000 Xxxx Xxxxx Xxxxx000 Xxxxxxxx Xxxxxx, Xxx XxxxxXxxxxx, Xxxxxxxxxx Xxxxxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 9:00 a.m. New York City time, on [●]September 15, 20212022, or such other time and date not later than 1:30 p.m. New York City time, on [●]September 15, 2021 2022 as the Representatives Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

The First Closing Date. Delivery of certificates the book-entry positions for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx Xxxxxxxxx & Xxxxxxx LLP, 00000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx 00000 LLP (or such other place as may be agreed to by the Company and the Representatives) at 9:00 [9:00] a.m. New York City time, on [●], 20212018, or such other time and date not later than 1:30 p.m. New York City time, on [●], 2021 the date that is 10 business days following the initial contemplated closing date] as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 Xxxx Xxxxx Xxxxx0000 Xxxxxxxx Xxxx, Xxx Xxxxx, Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the Representatives) at 9:00 [ ] [a.m. / p.m.] New York City time, on [●[ ], 20212014, or such other time and date not later than 1:30 [ ] p.m. New York City time, on [●[ ], 2021 2014 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx Xxxxx Xxxx & Xxxxxxx Xxxxxxxx LLP, 00000 Xxxx 0000 Xx Xxxxxx Xxxx, Xxxxx Xxxxx, Xxx XxxxxXxxx, Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the Representatives) at 9:00 10:00 a.m. New York City time, on [●]December 9, 20212019, or such other time and date not later than 1:30 p.m. New York City time, on [●]December 23, 2021 2019 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section Sections 11.

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 000 Xxxx Xxxxx Xxxxxx Xxxxx, Xxx 00xx Xxxxx, Xxxxx Xxxx, Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [●]September 20, 20212016, or such other time and date not later than 1:30 p.m. New York City time, on [●]October 4, 2021 2016 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 000 Xxxx Xxxxx Xxxxxx Xxxxx, Xxx 00xx Xxxxx, Xxxxx Xxxx, Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [●]August 9, 2021, or such other time and date not later than 1:30 p.m. New York City time, on [●]August 23, 2021 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.Sections 11 and 19. 15

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 Xxxx Xxxxx 000 Xxxxxxxxxx Xxxxxx, 0xx Xxxxx, Xxx XxxxxXxxxxxxxx, Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the Lead Representatives) at 9:00 a.m. New York City time, on [●]January 12, 20212015, or such other time and date not later than 1:30 p.m. 11:00 a.m. New York City time, on [●]January 12, 2021 2015 as the Lead Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Lead Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Lead Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 Xxxx Xxxxx Xxxxx, Xxxxx 000, Xxx Xxxxx, Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [●]October 29, 20212013, or such other time and date not later than 1:30 p.m. New York City time, on [●]November 12, 2021 2013, as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

The First Closing Date. Delivery of certificates for the Firm Shares ADSs to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx Xxxxx Xxxx & Xxxxxxx LLP, 00000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx 00000 Xxxxxxxx LLP (or such other place as may be agreed to by the Company Selling Shareholders and the Representatives) at 9:00 [9:00] a.m. New York City time, on February [●•], 2021, or such other time and date not later than 1:30 [1:30] p.m. New York City time, on February [●•], 2021 as the Representatives shall designate by notice to the Company Selling Shareholders (the time and date of such closing are called the “First Closing Date”). The Company Selling Shareholders hereby acknowledges acknowledge that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [●], 20212018, or such other time and date not later than 1:30 p.m. New York City time, on [●], 2021 2018 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.