Common use of Subsequent Closing Clause in Contracts

Subsequent Closing. Following the initial Closing, the Company may sell additional notes (the “Additional Notes”) and additional warrants (the “Additional Warrants”) to the same or other investors (the “Additional Investors”) on the same terms set forth in this Agreement. The Company shall revise Schedule I to this Agreement to reflect such additional sales. The closing of the purchases and sales of the Additional Notes and Additional Warrants shall take place at such times and places as the Company and the Additional Investor(s) shall mutually agree (each closing a “Subsequent Closing”). At the Subsequent Closing, the Company will deliver to each of the Additional Investors the respective Note and Warrant to be purchased by such Additional Investor, against receipt by the Company of the corresponding purchase price set forth on Schedule I hereto (also, the “Purchase Price”). Each of the Notes and Warrants will be registered in such Additional Investor’s name in the Company’s records. Unless the context requires otherwise, the Closing and any Subsequent Closing is generally referred to as a “Closing”, and each Investor and each Additional Investor is generally referred to as an “Investor.” Each Additional Investor under this Section 1(c) shall be deemed to be an Investor under this Agreement subject to the terms and conditions hereunder, and any Additional Notes and Additional Warrants purchased and sold in a Subsequent Closing shall be deemed respectively to be “Notes” and “Warrants” (as defined in Section 1(a) of this Agreement).

Subsequent Closing. Following the initial Closing, the The Company may sell additional notes (the “Additional Notes”) and additional warrants (the “Additional Warrants”) to the same or other investors (the “Additional Investors”) on the same terms set forth in this Agreement. The Company shall revise Schedule I to this Agreement to reflect such additional sales. The closing of the purchases and sales of the Additional Notes and Additional Warrants shall take place at such times and places as the Company and the Additional Investor(s) shall mutually agree (each closing a “Subsequent Closing”). At the Subsequent Closing, the Company will deliver to each of the Additional Investors the respective Note and Warrant to be purchased by such Additional Investor, against receipt by the Company of the corresponding purchase price set forth on Schedule I hereto (also, the “Purchase Price”). Each of the Notes and Warrants will be registered in such Additional Investor’s name in the Company’s records. Unless the context requires otherwise, the Closing and any Subsequent Closing is generally referred to as a “Closing”, and each Investor and each Additional Investor is generally referred to as an “Investor.” Each Additional Investor under this Section 1(c) shall be deemed to be an Investor under this Agreement subject to the terms and conditions hereunder, and any Additional Notes and Additional Warrants purchased and sold in a Subsequent Closing shall be deemed respectively to be “Notes” and “Warrants” (as defined in Section 1(a) of this Agreement).

Subsequent Closing. Following the initial Closing, If the Company may sell additional notes determines that a subsequent closing (the “Additional NotesSubsequent Closing”) shall occur, then the Company shall promptly notify the Purchaser regarding such determination and additional warrants shall conduct a Subsequent Closing on a date mutually agreed by the Company and the Purchaser (the “Additional WarrantsSubsequent Closing Date”) to that is within ten (10) days of the same or other investors date of such determination. In the event of a Subsequent Closing: (i) the “Additional Investors”) sale of the Notes and Warrants at the Subsequent Closing shall be made on the same terms and conditions set forth in this Agreement. The Company shall revise Schedule I to this Agreement to reflect such additional sales. The closing ; (ii) the representations and warranties of the purchases and sales Company set forth in Section 2 hereof shall speak only as of the Additional Notes Initial Closing Date; and Additional Warrants (iii) the representations and warranties of the Purchaser in Section 3 hereof shall take place at speak as of such times and places as the Company and the Additional Investor(s) shall mutually agree (each closing a “Subsequent Closing”)Closing Date. At the Subsequent Closing, : (x) the Company will Purchaser shall deliver to each the Company, via wire transfer of immediately available funds, cash in the Additional Investors amount of (1) the respective Note and Warrant to be purchased by such Additional InvestorPurchaser’s Loan Amount for the Subsequent Closing, against receipt by the Company of the corresponding purchase price as set forth on Schedule I hereto Exhibit A, plus (also, 2) the “Warrant Purchase Price”). Each Price for the Subsequent Closing; and (y) the Company shall issue and deliver to the Purchaser (1) a Note in favor of the Notes and Warrants will be registered in such Additional Investor’s name in the Company’s records. Unless the context requires otherwise, the Closing and any Subsequent Closing is generally referred to as a “Closing”, and each Investor and each Additional Investor is generally referred to as Purchaser representing an “Investor.” Each Additional Investor under this Section 1(c) shall be deemed to be an Investor under this Agreement subject initial principal balance equal to the terms Purchaser’s Loan Amount for the Subsequent Closing, as set forth on Exhibit A and conditions hereunder, and any Additional Notes and Additional Warrants purchased and sold in (2) a Subsequent Closing shall be deemed respectively to be “Notes” and “Warrants” (as defined in Section 1(a) of this Agreement)corresponding Warrant.