(b) On the Second Closing Date, upon the terms and subject to the conditions set forth herein, the Company agrees to sell, and the Purchasers, severally and not jointly, agree to purchase, an aggregate of 750 shares of Preferred Stock with an aggregate Stated Value of $810,000 and Warrants as determined by pursuant to Section 2.2(a), which closing shall occur upon the earlier of (i) the thirtieth (30th) calendar day following the date hereof or (ii) two (2) Trading Days following the FDA Data Submission Date (the “Second Closing”). Each Purchaser shall deliver to the Company, via wire transfer or a certified check, immediately available funds equal to its Subscription Amount applicable to the Second Closing, and the Company shall deliver to each Purchaser its respective Second Closing Shares and Warrants, as determined pursuant to Section 2.2(a), and the Company and each Purchaser shall deliver the other items set forth in Section 2.2 deliverable at the Closing. Upon satisfaction of the covenants and conditions set forth in Sections 2.2 and 2.3, the Closing shall occur at the offices of EGS or such other location as the parties shall mutually agree. The Company covenants that, if the Purchaser delivers a Notice of Conversion (as defined in the Certificate of Designation) to convert any Second Closing Shares by 12:00 p.m. (New York City time) on the Second Closing Date, the Company shall deliver Conversion Shares subject to such Notice(s) of Conversion to the Purchaser by 4:00 p.m. (New York City time) on the Second Closing Date.
Page 8. FDA data submission date is defined as End of phase 2 meeting request plus 8k. That was one day after this agreement. Maybe we are close to done
