Common use of The First Closing Date Clause in Contracts

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 Banc of America, 000 Xxxxxxxxxx Xxxxxx, San Francisco, California (or such other place as may be agreed to by the Company and the Representatives) at 6:00 a.m. San Francisco time, on [____], or such other time and date not later than 10:30 a.m. San Francisco time, on [____] 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 in no way limited to, any determination by the Company or the Representatives to recirculate to the public copies of any amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 10.

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 Banc of AmericaJefferies LLC, 000 Xxxxxxxxxx Xxxxxxx Xxxxxx, San FranciscoXxx Xxxx, California Xxx Xxxx 00000 (or such other place as may be agreed to by the Company and the Representatives) at 6:00 10:00 a.m. San Francisco New York City time, on [____]April 24, 2018, or such other time and date not later than 10:30 a.m. San Francisco 1:30 p.m. New York City time, on [____] May 8, 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 in no way not limited to, any determination by the Company or the Representatives to recirculate to the public copies of any an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1011.

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 Banc of AmericaJefferies, 000 Xxxxxxxxxx Xxxxxx520 Madison Avenue, San FranciscoNew York, California New York (or such other place as may be agreed to by the Company and the Representativesagxxxx xx xx xxx Xxxxxxx xxx xxx Xxxxxxxntative) at 6:00 9:00 a.m. San Francisco New York time, on [____], or such other time and date not later than 10:30 a.m. San Francisco 1:30 p.m. New York time, on [____] as the Representatives Representative shall designate by notice to the Company (the time and date of such closing are called the "First Closing DateFIRST 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 in no way limited to, any determination by the Company or the Representatives Representative to recirculate to the public copies of any an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 10.

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 Banc of AmericaJefferies, 000 Xxxxxxxxxx Xxxxxxx Xxxxxx, San FranciscoXxx Xxxx, California Xxx Xxxx (or such other place as may be agreed to by the Company and the Representatives) at 6:00 9:00 a.m. San Francisco New York time, on [____]January 31, 2007, or such other time and date not later than 10:30 a.m. San Francisco 1:30 p.m. New York time, on [____] February 14, 2007 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the "First Closing DateFIRST 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 in no way limited to, any determination by the Company or the Representatives to recirculate to the public copies of any an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 10.

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 Banc of AmericaPillsbury Winthrop LLP, 000 Xxxxxxxxxx Xxxxxx0000 Xxxxxxxx, San FranciscoXxx Xxxx, California Xxx Xxxx (or such other place as may be agreed to by the Company and the Representatives) at 6:00 9:00 a.m. San Francisco New York time, on [____], or such other time and date not later than 10:30 a.m. San Francisco 1:30 p.m. New York time, on [____] as the Representatives shall designate by notice to the Company (the time and date of such closing are called the "First Closing DateFIRST 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 in no way limited towithout limitation, any determination by the Company or the Representatives to recirculate to the public copies of any an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 10.

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 Banc of AmericaXxxx and Xxxx LLP, 000 Xxxxxxxxxx 00 Xxxxx Xxxxxx, San FranciscoXxxxxx, California Xxxxxxxxxxxxx (or such other place as may be agreed to by the Company and the Representatives) at 6:00 9:00 a.m. San Francisco Boston time, on [____], or such other time and date not later than 10:30 a.m. San Francisco 1:30 p.m. Boston time, on [____] as the Representatives shall designate by notice to the Company (the time and date of such closing are called the "First Closing DateFIRST 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 in no way limited to, any determination by the Company or the Representatives to recirculate to the public copies of any an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 10.

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 Banc of AmericaXxxxxx LLP, 000 0000 Xxxxxxxx Xxxx, Xxx Xxxxx, Xxxxxxxxxx Xxxxxx, San Francisco, California 00000 (or such other place as may be agreed to by the Company and the Representatives) at 6:00 9:00 a.m. San Francisco New York City time, on [____•], 2021, or such other time and date not later than 10:30 a.m. San Francisco 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 in no way not limited to, any determination by the Company or the Representatives to recirculate to the public copies of any an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1011.

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 Banc of AmericaNationsBanc Xxxxxxxxxx Securities LLC, 000 Xxxxxxxxxx Xxxxxx, San Francisco, California (or such other place as may be agreed to by the Company and the Representatives) at 6:00 a.m. San Francisco time, on [____[ ], or such other time and date not later than 10:30 a.m. San Francisco time, on [____[ ] 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 in no way limited to, any reasonable determination by the Company or the Representatives to recirculate to the public copies of any an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 10.

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 Banc of AmericaLatxxx & Watxxxx, 000 Xxxxxxxxxx 085 Xxxxx Xxxxxx, San FranciscoXxx Xxxx, California Xxx Xxxx 00000 (or xr such other place as may be agreed to by the Company and the Representatives) at 6:00 9:00 a.m. San Francisco New York City time, on [____], or such other time and date not later than 10:30 a.m. San Francisco 1:00 p.m. New York City time, on [____] 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 in no way not limited to, any determination by the Company or the Representatives to recirculate to the public copies of any an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 10.

The First Closing Date. Delivery of certificates for the Firm Common ---------------------- Offered Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Banc of AmericaXxxxxxx Procter LLP, located at 000 Xxxxxxxxxx Xxxxxx Xxxxxx, San FranciscoXxx Xxxx, California Xxx Xxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 6:00 10:00 a.m. San Francisco New York City time, on [____]September 13, 2011, or such other time and date (not later than 10:30 a.m. San Francisco timeto exceed seven days from September 13, on [____] 2011) 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 in no way limited to, any determination by the Company or the Representatives Representative to recirculate to the public copies of any an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1010 hereof.

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 Banc of AmericaXxxxxx LLP, 000 0000 Xxxxxxxx Xxxx, Xxx Xxxxx, Xxxxxxxxxx Xxxxxx, San Francisco, California 00000 (or such other place as may be agreed to by the Company and the Representatives) at 6:00 9:00 a.m. San Francisco New York City time, on [____[ ], 2013, or such other time and date not later than 10:30 a.m. San Francisco 1:30 p.m. New York City time, on [____] [ ], 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 in no way not limited to, any determination by the Company or the Representatives to recirculate to the public copies of any an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1011.

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 Banc of AmericaXxxxxxxxx & Xxxxxxx LLP, 000 Xxxxxxxxxx Xxxxxx Xxxxxx, San FranciscoXxx Xxxx, California XX 00000 (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 6:00 9:00 a.m. San Francisco New York City time, on [____]June 15, 2015, or such other time and date not later than 10:30 a.m. San Francisco 1:30 p.m. New York City time, on [____] June 29, 2015 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 in no way not limited to, any determination by the Company or the Representatives Representative to recirculate to the public copies of any an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1011.

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 Banc of AmericaXxxxxx LLP, 000 Xxxxxxxxxx Xxxxxx0000 Xxxxxx xx xxx Xxxxxxxx, San FranciscoXxx Xxxx, California Xxx Xxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 6:00 10:00 a.m. San Francisco Eastern time, on [____]June 20, 2017, or such other time and date not later than 10:30 a.m. San Francisco 4:00 p.m. Eastern time, on [____] June 27, 2017 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 in no way not limited to, any determination by the Company or the Representatives Representative to recirculate to the public copies of any an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1011.

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 Banc of AmericaJefferies LLC, 000 Xxxxxxxxxx 520 Xxxxxxx Xxxxxx, San FranciscoXxx Xxxx, California Xxx Xxxx 00000 (or such other place as may be agreed to by the Company and the Representatives) at 6:00 9:00 a.m. San Francisco New York City time, on [____]October 10, 2017, or such other time and date not later than 10:30 a.m. San Francisco 1:30 p.m. New York City time, on [____] October 23, 2017 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 in no way not limited to, any determination by the Company or the Representatives to recirculate to the public copies of any an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1011.

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 Banc of AmericaXxxxxx LLP, 000 Xxxxxxxxxx Xxxxxxxx Xxxxxx, San FranciscoXxxxxx, California XX 00000 (or such other place as may be agreed to by the Company and the Representatives) at 6:00 9:00 a.m. San Francisco New York City time, on [____·], 2018, or such other time and date not later than 10:30 a.m. San Francisco 1:30 p.m. New York City time, on [____] ·], 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 in no way not limited to, any determination by the Company or the Representatives to recirculate to the public copies of any an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1011.

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 Banc of AmericaXxxxx Day, 000 Xxxxxxxxxx Xxxx 00xx Xxxxxx, San FranciscoXxx Xxxx, California Xxx Xxxx (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 6:00 9:00 a.m. San Francisco New York time, on [____]April 25, 2007 or such other time and date not later than 10:30 a.m. San Francisco 1:30 p.m. New York time, on [____] May 9, 2007 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 in no way limited to, any determination by the Company or the Representatives Representative to recirculate to the public copies of any an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1011 of this Agreement.

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 Banc of AmericaShearman & Sterling LLP, 000 Xxxxxxxxxx 500 Xxxxxxxxx Xxxxxx, San FranciscoXxx Xxxx, California Xxx Xxxx (or such other place as may be agreed to by the Company and the Representatives) at 6:00 9:00 a.m. San Francisco New York time, on [____], or such other time and date not later than 10:30 a.m. San Francisco time, on [____] 1:30 p.m. New York time 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 in no way limited to, any determination by the Company or the Representatives to recirculate to the public copies of any an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 10.

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 Banc of AmericaAmerica Securities LLC, 000 Xxxxxxxxxx Xxxxxx, San Francisco, California (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 6:00 a.m. San Francisco time, on [March ____], or 2000,or such other time and date not later than 10:30 a.m. San Francisco time, on [March ____] , 2000 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 in no way limited to, any determination by the Company or the Representatives to recirculate to the public copies of any an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 10.

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 Banc of AmericaJefferies, 000 Xxxxxxxxxx Xxxxxxx Xxxxxx, San FranciscoXxx Xxxx, California Xxx Xxxx (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 6:00 9:00 a.m. San Francisco New York time, on [____August [ ], 2008 or such other time and date not later than 10:30 a.m. San Francisco 1:30 p.m. New York time, on [____] September [ ], 2008 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 in no way limited to, any determination by the Company or the Representatives Representative to recirculate to the public copies of any an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 10.

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 Banc of AmericaAmerica Securities LLC, 000 Xxxxxxxxxx Xxxxxx, San Francisco, California (or such other place as may be agreed to by the Company and the Representatives) at 6:00 a.m. San Francisco time, time on [____]_______, 2000, or such other time and date not later than 10:30 a.m. San Francisco time, on [____] _________, 2000 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the "First Closing DateFIRST 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 in no way limited to, any determination by the Company or the Representatives to recirculate to the public copies of any an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 10.

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 Banc of AmericaJefferies LLC, 000 Xxxxxxxxxx Xxxxxxx Xxxxxx, San FranciscoXxx Xxxx, California Xxx Xxxx 00000 (or such other place as may be agreed to by the Company and the Representatives) at 6:00 9:00 a.m. San Francisco New York City time, on [____]February 3, 2017, or such other time and date not later than 10:30 a.m. San Francisco 1:30 p.m. New York City time, on [____] February 17, 2017 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 in no way not limited to, any determination by the Company or the Representatives to recirculate to the public copies of any an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1011.

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 Banc of AmericaXxxxx Xxxx & Xxxxxxxx, 000 Xxxxxxxxxx Xxxxxxxxx Xxxxxx, San Francisco, California Xxx Xxxx XX (or such other place as may be agreed to by the Company and the Representatives) at 6:00 9:00 a.m. San Francisco New York time, on [____o], 2004 or such other time and date not later than 10:30 a.m. San Francisco 1:30 p. m. New York time, on [____] o], 2004 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 in no way limited to, any determination by the Company or the Representatives to recirculate to the public copies of any an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 10.

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 Banc of AmericaXxxxxxxxx & Xxxxxxx LLP, 000 Xxxxxxxxxx XxxxxxXxxxxx Xxx., San FranciscoXxx Xxxx, California Xxx Xxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 6:00 10:00 a.m. San Francisco New York time, on [____]March 28, 2019, or such other time and date not later than 10:30 a.m. San Francisco 5:00 p.m. Eastern time, on [____] April 4, 2019 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 in no way not limited to, any determination by the Company or the Representatives Representative to recirculate to the public copies of any an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1011.

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 Banc of AmericaJefferies, 000 Xxxxxxxxxx Xxxxxxx Xxxxxx, San FranciscoXxx Xxxx, California Xxx Xxxx (or such other place as may be agreed to by the Company and the RepresentativesUnderwriters) at 6:00 9:00 a.m. San Francisco New York time, on [____]November 16, 2009 or such other time and date not later than 10:30 a.m. San Francisco 1:30 p.m. New York time, on [____] November 16, 2009 as the Representatives Underwriters 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 Underwriters may provide notice to postpone the First Closing Date as originally scheduled include, but are in no way limited to, any determination by the Company or the Representatives Underwriters to recirculate to the public copies of any an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1011.

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 Banc of America, 000 Xxxxxxxxxx Xxxxxx, San Francisco, California Xxxxxx Xxxxxx Xxxxxxxxx Xxxx and Xxxx LLP (or such other place as may be agreed to by the Company and the Representatives) at 6:00 9:00 a.m. San Francisco New York City time, on [____•], [2019], or such other time and date not later than 10:30 a.m. San Francisco 1:30 p.m. New York City time, on [____•], [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 in no way not limited to, any determination by the Company or the Representatives to recirculate to the public copies of any an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1011.

The First Closing Date. Delivery of certificates for the Firm Common ---------------------- ADSs and Preferred Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Banc of America, 000 Xxxxxxxxxx Xxxxxx, San Francisco, California Wxxxxx Xxxxxx Pxxxxxxxx Xxxx and Dxxx LLP (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 6:00 9:00 a.m. San Francisco New York City time, on [____]April 3, 2023 or such other time and date not later than 10:30 a.m. San Francisco 1:30 p.m. New York City time, on [____] April 17, 2023 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 in no way not limited to, any determination by the Company or the Representatives Representative to recirculate to the public copies of any an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1011.

The First Closing Date. Delivery of certificates for the Firm Common ---------------------- Offered Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Banc of AmericaXxxxxx, Xxxxxxxxxx & Xxxxxxxxx LLP, located at 000 Xxxxxxxxxx Xxxxxx Xxxxxx, San Francisco, California 94105 (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 6:00 10:00 a.m. San Francisco New York City time, on [____]October 13, 2016, or such other time and date (not later than 10:30 a.m. San Francisco timeto exceed seven days from October 13, on [____] 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 hereby acknowledges that circumstances ------------------ under which the Representatives Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are in no way limited to, any determination by the Company or the Representatives Representative to recirculate to the public copies of any an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1010 hereof.

The First Closing Date. Delivery of certificates for the Firm Common ---------------------- Shares and Firm Warrants to be purchased by the Underwriters and payment therefor shall be made at the offices of Banc of AmericaXxxxxx LLP, 000 Xxxxxxxxxx Xxxxxx00 Xxxxxx Xxxxx, San FranciscoNew York, California NY 10001 (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 6:00 10:00 a.m. San Francisco Eastern time, on [____]February 4, 2021, or such other time and date not later than 10:30 a.m. San Francisco 4:00 p.m. Eastern time, on [____] February 4, 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 in no way not limited to, any determination by the Company or the Representatives Representative to recirculate to the public copies of any an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1011.

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 Banc of AmericaXxxxxx LLP, 000 Xxxxxxxxxx Xxxxxx00 Xxxxxx Xxxxx, San FranciscoNew York, California New York 10001 (or such other place as may be agreed to by the Company and the Representatives) at 6:00 9:00 a.m. San Francisco New York City time, on [____June [ ], 2021, or such other time and date not later than 10:30 a.m. San Francisco 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 the circumstances ------------------ under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are in no way not limited to, any determination by the Company or the Representatives to recirculate to the public copies of any an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1011.

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 Banc of AmericaXxxxxx & Xxxxxxx LLP, 000 Xxxxxxxxxx XxxxxxXxxxx Xxxxx, San FranciscoMenlo Park, California 94025 (or such other place as may be agreed to by the Company and the Representatives) at 6:00 9:00 a.m. San Francisco New York City time, on [____], 2018, or such other time and date not later than 10:30 a.m. San Francisco 1:30 p.m. New York City time, on [____] , 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 in no way not limited to, any determination by the Company or the Representatives to recirculate to the public copies of any an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1011 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 Banc of AmericaJefferies, 000 Xxxxxxxxxx Xxxxxxx Xxxxxx, San FranciscoXxx Xxxx, California Xxx Xxxx (or such other place as may be agreed to by the Company and the Representatives) at 6:00 9:00 a.m. San Francisco New York time, on [____—], 2012, or such other time and date not later than 10:30 a.m. San Francisco 1:30 p.m. New York time, on [____] —], 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 in no way limited to, any determination by the Company or the Representatives to recirculate to the public copies of any an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1011.

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 Banc of AmericaAmerica Securities LLC, 000 Xxxxxxxxxx Xxxxxx, San Francisco, California 9 Xxxx 00xx Xxxxxx Xxx Xxxx XX (or such other place as may be agreed to by the Company and the Representatives) at 6:00 9:00 a.m. San Francisco New York time, on [____]December , 2004, or such other time and date not later than 10:30 a.m. San Francisco 1:30 p.m. New York time, on [____] December , 2004, 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 in no way limited to, any determination by the Company or the Representatives to recirculate to the public copies of any an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 10.

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 Banc of AmericaCoxxxx XLP, 000 Xxxxxxxxxx Xxxxxx1100 Xxxxxx xx xxx Xxxxxxxx, San FranciscoXxx Xxxx, California XX 00000 (or such other place as may be agreed to by the Company and the Representatives) at 6:00 9:00 a.m. San Francisco Eastern time, on [____]March 25, 2019, or such other time and date not later than 10:30 a.m. San Francisco 1:30 p.m. Eastern time, on [____] April 8, 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 in no way not limited to, any determination by the Company or the Representatives to recirculate to the public copies of any an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1011.

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 Banc of AmericaXxxxxx LLP, 000 Xxxxxxxxxx Xxxxxx00 Xxxxxx Xxxxx, San FranciscoNew York, California New York 10001 (or such other place as may be agreed to by the Company and the Representatives) at 6:00 9:00 a.m. San Francisco New York City time, on [____●], 2020, or such other time and date not later than 10:30 a.m. San Francisco 1:30 p.m. New York City time, on [____] ●], 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 the circumstances ------------------ under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are in no way not limited to, any determination by the Company or the Representatives to recirculate to the public copies of any an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1011.

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 Banc of AmericaXxxxx Xxxx & Xxxxxxxx, 000 Xxxxxxxxxx Xxxxxxxxx Xxxxxx, San FranciscoXxx Xxxx, California Xxx Xxxx (or such other place as may be agreed to by the Company and the Representatives) at 6:00 9:00 a.m. San Francisco New York time, on [____]March 10, 2004, or such other time and date not later than 10:30 a.m. San Francisco 1:30 p.m. New York time, on [____] March 24, 2004 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 in no way limited to, any determination by the Company or the Representatives to recirculate to the public copies of any an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 10.

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 Banc of AmericaAmerica Securities LLC, 000 Xxxxxxxxxx Xxxxxx, San Francisco, California 0 Xxxx 00xx Xxxxxx Xxx Xxxx XX (or such other place as may be agreed to by the Company and the Representatives) at 6:00 9:00 a.m. San Francisco New York time, on [____][ ,] 2004, or such other time and date not later than 10:30 a.m. San Francisco 1-:30 p.m. New York time, on [____[ ,] 2004, 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 in no way limited to, any determination by the Company or the Representatives to recirculate to the public copies of any an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 10.

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 Banc of AmericaJefferies LLC, 000 Xxxxxxxxxx Xxxxxxx Xxxxxx, San FranciscoXxx Xxxx, California Xxx Xxxx 00000 (or such other place as may be agreed to by the Company and the Representatives) at 6:00 10:00 a.m. San Francisco New York City time, on [____]May 30, 2017, or such other time and date not later than 10:30 a.m. San Francisco 1:30 p.m. New York City time, on [____] June 13, 2017 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 in no way not limited to, any determination by the Company or the Representatives to recirculate to the public copies of any an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1011.