Common use of CLOSING AND SETTLEMENT Clause in Contracts

CLOSING AND SETTLEMENT. Subject to the terms and conditions hereof, payment of the purchase price for, and delivery of, the Shares shall be made at one or more closings (each a “Closing” and the date on which each Closing occurs, a “Closing Date”) at the offices of Xxxxxx & Xxxxxxx LLP (or at such other place as shall be agreed upon by Xxxx and the Company), the first such Closing to take place at 6:00 a.m., Pacific Daylight time, on August 25, 2009 (unless another time shall be agreed to by Xxxx and the Company). Payment of the purchase price at each Closing shall be made by the Investors directly to the Company by Federal Funds wire transfer, against delivery of such Shares (through the DWAC facilities of the Depository Trust Company), and such Shares shall be registered in such name or names and shall be in such denominations, as the Investors may request and as set forth in the applicable subscription agreement executed by each Investor, the form of which is attached hereto as Schedule II.

CLOSING AND SETTLEMENT. Subject to the terms and conditions hereof, payment of the purchase price for, and delivery of, the Shares Units (or their constituent components) shall be made at one or more closings (each a “Closing” and the date on which each Closing occurs, a “Closing Date”) at the offices of Xxxxxx & Xxxxxxx LLP Rxxx (or at such other place as shall be agreed upon by Xxxx Rxxx and the Company), the first such Closing to take place at 6:00 10:00 a.m., Pacific Daylight time, on August 25February 9, 2009 2017 (unless another time shall be agreed to by Xxxx Rxxx and the Company). Payment of the purchase price at each Closing shall be made by the Investors directly to the Company by Federal Funds wire transferthrough Rxxx’x clearing firm, against delivery of such the Shares (through the DWAC facilities of the Depository Trust Company)) and the Warrants, and such Shares and Warrants shall be registered in such name or names and shall be in such denominations, as the Investors Placement Agent may request and as set forth in the applicable subscription agreement executed by each Investor, the form of which is attached hereto as Schedule II.

CLOSING AND SETTLEMENT. Subject to the terms and conditions hereof, payment of the purchase price for, and delivery of, the Shares shall be made at one or more closings (each a “Closing” and the date on which each Closing occurs, a “Closing Date”) at the offices of Xxxxxx & Xxxxxxx LLP the Placement Agent (or at such other place as shall be agreed upon by Xxxx the Placement Agent and the Company), the first such Closing to take place at 6:00 9:00 a.m., Pacific Daylight timeEastern Time, on August 25October 23, 2009 2017 (unless another time shall be agreed to by Xxxx and among the Placement Agent and the Company). Payment of the purchase price at each Closing shall be made by the Investors directly to the Company by Federal Funds wire transfer, against delivery of such Shares (through the DWAC facilities of the Depository Trust Company), and such Shares shall be registered in such name or names and shall be in such denominations, as the Investors Placement Agent may request and or as set forth in the applicable subscription agreement executed by each Investor, the form of which is attached hereto as Schedule II.

CLOSING AND SETTLEMENT. Subject to the terms and conditions hereof, payment of the purchase price for, and delivery of, the Shares Securities shall be made at one or more closings a closing (each a “Closing” and the date on which each Closing occurs, a “Closing Date”) at the offices of Xxxxxx & Xxxxxxx LLP the Xxxx Capital Partners, LLC (or at such other place as shall be agreed upon by Xxxx the Placement Agent and the Company), the first such Closing to take place at 6:00 a.m.10:00 am, Pacific Daylight New York City time, on August 25December 18, 2009 2015 (unless another time shall be agreed to by Xxxx and among the Placement Agent and the Company). Payment of the purchase price at each Closing shall be made by the Investors directly to the Company by Federal Funds wire transfer, against delivery of such Shares (through the DWAC facilities of the Depository Trust Company), ) and such Shares Securities shall be registered in such name or names and shall be in such denominations, as the Investors Placement Agent may request and as set forth in the applicable subscription agreement executed by each Investor, the form of which is attached hereto as Schedule II.

CLOSING AND SETTLEMENT. Subject to the terms and conditions hereof, payment of the purchase price for, and delivery of, the Shares Securities shall be made at one or more closings (each a “Closing” and the date on which each Closing occurs, a “Closing Date”) at the offices of Xxxxxx & Xxxxxxx LLP the Placement Agent (or at such other place as shall be agreed upon by Xxxx the Placement Agent and the Company), the first such Closing to take place at 6:00 a.m.4:00 p.m., Pacific Daylight timeEastern Time, on August 25July 27, 2009 2016 (unless another time shall be agreed to by Xxxx and among the Placement Agent and the Company). Payment of the purchase price at each Closing shall be made by the Investors directly to the Company by Federal Funds wire transfer, against delivery of such Shares (through the DWAC facilities of the Depository Trust Company)) and Warrants, and such Shares Securities shall be registered in such name or names and shall be in such denominations, as the Investors Placement Agent may request and as set forth in the applicable subscription agreement executed by each Investor, the form of which is attached hereto as Schedule II.

CLOSING AND SETTLEMENT. Subject to the terms and conditions hereof, payment of the purchase price for, and delivery of, the Shares shall be made at one or more closings (each a “Closing” and the date on which each Closing occurs, a “Closing Date”) at the offices of Xxxxxx & Xxxxxxx LLP (or at such other place as shall be agreed upon by Xxxx the Placement Agent and the Company), the first such Closing to take place at 6:00 a.m., Pacific Daylight time, on August 25September 28, 2009 (unless another time shall be agreed to by Xxxx the Placement Agent and the Company). Payment of the purchase price at each Closing shall be made by the Investors directly to the Company by Federal Funds wire transfer, against delivery of such Shares (through the DWAC facilities of the Depository Trust Company), and such Shares shall be registered in such name or names and shall be in such denominations, as the Investors may request and as set forth in the applicable subscription agreement executed by each Investor, the form of which is attached hereto as Schedule II.

CLOSING AND SETTLEMENT. Subject to the terms and conditions hereof, payment of the purchase price for, and delivery of, the Shares Units (or their constituent components) shall be made at one or more closings (each a “Closing” and the date on which each Closing occurs, a “Closing Date”) at the offices of Xxxxxx & Xxxxxxx LLP Rxxx (or at such other place as shall be agreed upon by Xxxx Rxxx and the Company), the first such Closing to take place at 6:00 10:00 a.m., Pacific Daylight time, on August 25February 6, 2009 2017 (unless another time shall be agreed to by Xxxx Rxxx and the Company). Payment of the purchase price at each Closing shall be made by the Investors directly to the Company by Federal Funds wire transferthrough Rxxx’x clearing firm, against delivery of such the Shares (through the DWAC facilities of the Depository Trust Company)) and the Warrants, and such Shares and Warrants shall be registered in such name or names and shall be in such denominations, as the Investors Placement Agent may request and as set forth in the applicable subscription agreement executed by each Investor, the form of which is attached hereto as Schedule II.

CLOSING AND SETTLEMENT. Subject to the terms and conditions hereof, payment of the purchase price for, and delivery of, the Shares Securities shall be made at one or more closings (each a “Closing” and the date on which each Closing occurs, a “Closing Date”) at the offices of Xxxxxx & Xxxxxxx LLP the Rxxx Capital Partners, LLC (or at such other place as shall be agreed upon by Xxxx the Placement Agent and the Company), the first such Closing to take place at 6:00 10:00 a.m., Pacific Daylight time, on August 25June 29, 2009 2018 (unless another time shall be agreed to by Xxxx and among the Placement Agent and the Company). Payment of the purchase price at each Closing shall be made by the Investors directly to as set forth in the Company by Federal Funds wire transfer, against delivery of such Shares (through the DWAC facilities of the Depository Trust Company)Purchase Agreement, and such Shares Securities shall be registered in such name or names and shall be in such denominations, as the Investors Placement Agent may request and as set forth in the applicable subscription agreement Purchase Agreement executed by each Investor, the form of which is attached hereto as Schedule II.

CLOSING AND SETTLEMENT. Subject to the terms and conditions hereof, payment of the purchase price for, and delivery of, the Shares Units (or their constituent components) shall be made at one or more closings (each a “Closing” and the date on which each Closing occurs, a “Closing Date”) at the offices of Xxxxxx & Xxxxxxx LLP Rxxx (or at such other place as shall be agreed upon by Xxxx Rxxx and the Company), the first such Closing to take place at 6:00 10:00 a.m., Pacific Daylight time, on August 25December 13, 2009 2016 (unless another time shall be agreed to by Xxxx Rxxx and the Company). Payment of the purchase price at each Closing shall be made by the Investors directly to the Company by Federal Funds wire transferthrough Rxxx’x clearing firm, against delivery of such the Shares (through the DWAC facilities of the Depository Trust Company)) and the Warrants, and such Shares and Warrants shall be registered in such name or names and shall be in such denominations, as the Investors Placement Agents may request and as set forth in the applicable subscription agreement executed by each Investor, the form of which is attached hereto as Schedule II.