Authorization of Sale of the Securities. Subject to the terms and conditions of this Agreement, the Company has authorized the sale and issuance to the Purchaser of the Note and Warrant (the "Securities").
Authorization of Sale of the Securities. Subject to the terms and conditions of this Agreement, the Company has, or before the Closing (as defined below) will have, authorized the sale and issuance of up to 752,000 shares of its Common Stock (the "Common Stock"). The shares of Common Stock sold hereunder shall be referred to herein as the "Shares" or the "Securities."
Authorization of Sale of the Securities. Subject to the terms and conditions of this Agreement, the Company has or before the Closing (as defined below) will have authorized the sale and issuance of (a) up to 2,000,000 shares of its Common Stock (the "Common Stock"), (b) Warrants, each in substantially the form attached hereto as Exhibit B (each a "Warrant" and collectively the "Warrants"), to purchase up to 400,000 shares the "Warrant Shares") of the Company's Common Stock. The shares of Common Stock sold hereunder and the Common Stock issuable upon exercise of the Warrants and the Placement Agent Warrants together shall be referred to herein as the "Shares." The Shares and the Warrants shall be referred to herein as the "Securities."
Authorization of Sale of the Securities. Subject to the terms and conditions of this Agreement, the Company has authorized (a) the sale and issuance of thirty million and two hundred thousand dollars ($30,200,000.00) aggregate principal amount of notes (the “Notes”) substantially in the form attached hereto as Exhibit l-A, (b) the issuance (subject to obtaining necessary shareholder approval and the taking of other necessary corporate actions specified herein) of shares (the “Preferred Shares”) of a newly created series of its Preferred Stock of the Company having rights, preferences and privileges as set forth in the form of Certificate of Designation of Preferences of Series G Preferred Stock (the “Certificate of Designation”) attached hereto as Exhibit 1-B to be issued upon a Conversion Event (as defined below), (c) the issuance of shares of Common Stock of the Company (the “Common Stock”) to be issued upon conversion of the Preferred Shares (the “Conversion Shares”), (d) the issuance (subject to obtaining necessary shareholder approval and the taking of other necessary corporate actions specified herein) of warrants to purchase shares of Common Stock (the “Warrants”) in the form attached hereto as Exhibit l-C to be issued upon a Conversion Event, and (e) the issuance of shares of Common Stock to be issued upon exercise of the Warrants (the “Warrant Shares” and, together with the Conversion Shares, the “Shares”). The Notes, the Preferred Shares, the Conversion Shares, the Warrants and the Warrant Shares shall be referred to herein as the “Securities.” As used herein, the term “
Authorization of Sale of the Securities. Subject to the terms and conditions of this Agreement, the Company has, or before the Closing (as defined below) will have, authorized the sale and issuance of the number of shares of its Common Stock (the “Common Stock”) set forth in Section 2.1 at the price per share set forth therein. The shares of Common Stock sold hereunder shall be referred to herein as the “Shares” or the “Securities.”
Authorization of Sale of the Securities. Subject to the terms and conditions of this Agreement, the Company has authorized the sale of up to 3,973,510 shares (the “Securities”) of common stock, par value $.001 per share (the “Common Stock”), of the Company.
Authorization of Sale of the Securities. Subject to the terms and conditions of this Agreement, the Company has authorized the sale of the senior convertible notes of the Company in the form attached hereto as Exhibit A (together with any senior convertible notes issued in replacement thereof in accordance with the terms thereof, the “Notes”), which Notes shall be convertible into shares of the Company’s Common Stock, par value $0.001 per share (the “Common Stock”) (as converted, the “Conversion Shares”), in accordance with the terms of the Notes. The Notes and the Conversion Shares are hereinafter referred to as the “Securities.”
Authorization of Sale of the Securities. Subject to the terms and conditions of this Agreement, the Company has authorized the issuance and sale of up to Five Hundred (500)shares of the Company’s Series B Convertible Preferred Stock (the “Convertible Preferred”) convertible into the Company’s common stock, par value $0.01 per share (the “Common Stock”), the terms and conditions of which are set forth in the Certificate of Designation of Series B Convertible Preferred Stock in the form attached hereto as Exhibit A and Five Hundred (500) Series B Warrants to purchase up to 12,500,000 shares of Common Stock (the “Warrant Shares”) each Series B Warrant entitling the Purchaser to acquire Twenty-Five Thousand (25,000)shares of the Company’s Common Stock, at the purchase price of one dollar and fifteen cents ($1.15) per share of Common Stock, subject to adjustment, exercisable for five (5) years, subject to the terms, conditions and adjustments, as set forth therein and evidenced by a warrant certificate in the form attached hereto as Exhibit B (the “Warrants”). The Company reserves the right to increase or decrease the number of shares of Convertible Preferred and Warrants sold in this private placement prior to the Closing Date.
Authorization of Sale of the Securities. Subject to the terms and conditions of this Agreement, the Company has authorized the sale and issuance of (a) one million one hundred fifty-four thousand seven hundred ninety-seven (1,154,797) shares of Common Stock (the "SHARES") at the Closing (as defined below) and (b) that number of shares of Common Stock equal to the lesser of (i) [...***...] (as adjusted for any stock dividends, combinations, splits, recapitalizations or similar transactions) or (ii) the maximum number of shares of Common Stock the Purchaser could acquire such that its beneficial ownership of any securities or instruments convertible into or exchangeable or exercisable for securities of the Company does not [...***...] of the total number of shares of the Common Stock outstanding immediately prior to such issuance (the "MILESTONE SHARES") at the Milestone Closing (as defined below). The Shares and the Milestone Shares shall collectively be referred to herein as the "SECURITIES."
Authorization of Sale of the Securities. Subject to the terms and conditions of this Agreement, the Company has authorized the sale of up to 1,149,425 shares of Series B Preferred Stock, five year Warrants, to purchase up to 242,735,571 shares of Common Stock for an exercise price of $.030779429 per share, and up to 1,149,425 shares of Series C Preferred Stock, convertible into 242,735,571 shares of the Company's Common Stock. The Series B Preferred Stock, the Warrants and the Series C Preferred Stock being hereinafter collectively referred to as the "SECURITIES". The Securities will be sold in units ("UNITS") consisting of one (1) share of Series B Preferred Stock, a Warrant to purchase one (1) share of Common Stock and one (1) shares of Series C Preferred Stock, for a price of $4.35 per unit.
