Subject to the termination provisions set forth in Section 10 , the closing of the transactions contemplated hereby (the “ Closing ”) shall occur following the receipt of all Funds by the Company and the satisfaction or waiver of all of the conditions set forth in Sections 8 and 9 (other than those conditions that by their nature are satisfied at the Closing); or at such other time and date to be agreed between the Company and the Investors purchasing a majority of the Securities (such date and time of delivery and payment for the Securities being herein called the “ Closing Date ”).