The initial closing of the purchase and sale of the Shares and Warrants hereunder (the “ Initial Closing ”) shall take place at the offices of DLA Piper LLP (US), 401 Congress Avenue, Suite 2500, Austin, Texas 78701, on or about the date hereof, or at such other time and place as the Company and the Investors mutually agree upon (which time and place are referred to in this Agreement as the “ Initial Closing Date ”).