Authorization of Issue. On or prior to the Closing, the Company will authorize the issuance and sale of the Notes. The Notes shall be substantially in the form specified in the Indenture.
Authorization of Issue. Prior to the Closing (as defined below), the Company shall have duly authorized the delivery to the Holders of the Shares.
Authorization of Issue. On or prior to the execution and delivery of this Agreement, the Company will authorize the issue and sale of the Notes. The Notes shall be in the form specified in this Agreement.
Authorization of Issue. On or prior to the execution and delivery of this Agreement: (i) the Company will authorize the issue and sale of the Series B-2 Preferred Stock and the 2008 Warrants; and (ii) adopt and file the Certificate of Designation with the Secretary of State of Delaware.
Authorization of Issue. 8 2.2. Sale and Purchase of the Notes........................................................8 2.3. Closing...............................................................................9
Authorization of Issue. 30 2.02. Sale..............................................................................................30 2.03. Closing...........................................................................................31 SECTION 3. CONDITIONS TO CLOSING
Authorization of Issue. The Company will authorize the issue of up to $750,000 in aggregate principal amount of its 15% Convertible Subordinated Notes (the "Convertible Notes"). The Convertible Notes shall, with appropriate insertions, be substantially in the form attached as Exhibit A hereto, and shall mature on October __, 2000.
Authorization of Issue. Prior to the Closing, the Company shall have duly authorized the delivery of the December 2001 Preferred Stock to the Noteholders in connection with the exchange set forth below.
Authorization of Issue. Prior to the Closing, Company shall have duly authorized the issuance and sale to Purchaser of the number of shares of Common Stock set forth in Section 2.2 below.
Authorization of Issue. (i) The Company has authorized the issue and sale of $25.0 million aggregate principal amount of the Notes, each Note to be in the form of Exhibit A hereto, (ii) Holdings has authorized the issuance and transfer of Warrants to purchase an aggregate of 119,064 shares of Common Stock of Holdings, each Warrant to be in the form of Exhibit C hereto, and (iii) each Guarantor has authorized the issue of its Guarantee of the Notes, each such Guarantee to be in the form of Exhibit B hereto.
