Authorization and Issuance of the Warrants. Borrower has duly authorized the issuance to Lenders (or their respective affiliates or designees) of stock purchase warrants substantially in the form of the warrant attached hereto as Exhibit F (collectively, the “Warrants”) evidencing Lenders’ (or their respective affiliates or designees) right to acquire their respective Pro Rata Share of up to 42,735 shares of common stock of Borrower at an exercise price of $4.68 per share. The exercise period shall expire ten (10) years from the date such Warrant is issued.
Authorization and Issuance of the Warrants. Borrower has duly authorized the issuance to each Term Loan Lender (or its respective Affiliate) of Warrants evidencing each Term Loan Lender’s (or its respective Affiliate’s) right to acquire its respective Pro Rata Share of 114,213 shares of common stock of Borrower at an exercise price of $1.97 per share. The exercise period shall expire ten (10) years from the date such Warrants are issued.
Authorization and Issuance of the Warrants. Parent has duly authorized the issuance to Lenders (or their designees) of equity warrants over unissued shares of common stock in the Parent substantially in the form of the warrant attached hereto as Schedule E (collectively, the “Warrants”) evidencing Lenders’ (or their respective designees) right to have issued by the Parent and acquire their respective Pro Rata Share of up to 58,987 shares of common stock of the Parent at an exercise price of USD$15.26 per share. The exercise period shall expire five (5) years from the date such Warrant is issued.
Authorization and Issuance of the Warrants. Borrower has duly authorized the issuance to Lenders (or their respective affiliates or designees) of stock purchase warrants substantially in the form of the warrant attached hereto as Exhibit E (collectively, the “Warrants”).
Authorization and Issuance of the Warrants. In connection with the issuance of the Note, the Borrower has duly authorized the issuance and sale on the Closing Date to the Purchaser of detachable common stock purchase warrants substantially in the form attached hereto as Exhibit B evidencing the Purchaser's right to acquire 803,048 shares of Common Stock (the "Warrants").
Authorization and Issuance of the Warrants. In addition to that certain Warrant to Acquire 154,545 Shares of Series E Preferred Stock, dated as of March 31, 2008, issued by Borrower to GECC in connection with the Original Loan Agreement (the “Original Warrant”), Borrower has duly authorized the issuance to Lenders (or their respective affiliates or designees) of additional stock purchase warrants substantially in the form of the warrant attached hereto as Exhibit H (collectively, the “New Warrants,” and together with the Original Warrant, the “Warrants”) evidencing Lenders’ (or their respective affiliates or designees) right to acquire shares of Series E Preferred Stock of Borrower at an exercise price of $1.65 per share as follows: (a) Oxford’s New Warrant shall be for 166,667 shares and (b) GECC’s New Warrant shall be for 42,425 shares. The exercise period shall expire ten (10) years from the date such New Warrants are issued.
Authorization and Issuance of the Warrants. The Company has duly authorized the issuance and sale to the Purchasers certain stock purchase warrants substantially in the form of the warrant attached hereto as Exhibit B evidencing the Purchasers' right to acquire shares of Common Stock or Next Round Preferred Stock, as the case may be (the "WARRANTS").
Authorization and Issuance of the Warrants. Borrower has duly authorized the issuance to each Term Loan Lender (or its respective Affiliate or designee) of Warrants evidencing each Term Loan Lender’s (or its respective Affiliate’s or designee’s) right to acquire its respective Pro Rata Share of Borrower’s Common Stock pursuant to such Warrants. The exercise period shall expire five (5) years from the date such Warrants are issued.
Authorization and Issuance of the Warrants. Borrower has duly authorized the issuance to Lenders (or their respective affiliates or designees) of stock purchase warrants substantially in the form of the warrant attached hereto as Exhibit F (collectively, the “Warrants”) evidencing Lenders’ (or their respective affiliates or designees) right to acquire (i) in connection with the Initial Term Loan, their respective Pro Rata Share of up to 48,701 shares of common stock of Borrower at an exercise price of $3.08 per share and (ii) if Borrower requests advancement of the Subsequent Term Loan, their respective Pro Rata Share of up to a number of shares of common stock of Borrower equal to the quotient, rounded down to the nearest whole share, of (x) three percent of the original principal amount of the Subsequent Term Loan divided by (y) the exercise price per share equal to the lesser of the 10-day trailing average of Borrower’s common stock price, as determined as of the close of business on the Business Day immediately prior to the funding date of the Subsequent Term Loan and Borrower’s common stock price, as determined as of the close of business on the Business Day immediately prior to the funding date of the Subsequent Term Loan; provided, that if application of the formula described in clause (ii) above with respect to the Subsequent Term Loan would cause the aggregate number of shares of common stock purchasable in connection with the Subsequent Term Loan to exceed 467,565, then the number of shares so purchasable shall be fixed at 467,565 and the price per share shall be reduced proportionately to maintain the net economic terms described in clause (ii) above. Each Warrant shall expire seven (7) years from the date such Warrant is issued.
Authorization and Issuance of the Warrants. Parent has duly authorized the issuance and sale to Purchasers of stock purchase warrants substantially in the form of the warrants attached hereto as Exhibits B-1 and B-2 (collectively, the “Warrants”) evidencing Purchasers’ right to acquire up to 8.25% of the issued and outstanding Common Stock of Parent on a fully diluted basis at the time of Closing. 2.3
