Buyers. 3.1 The Buyer Parent has incorporated or shall incorporate wholly-owned single purpose Xxxxxxxx Islands entities to be the Buyers of the Rigs and will nominate one such Buyer for each Rig.
Buyers. All references to “Buyer” in this Agreement shall refer collectively to the “Buyers” party to the Framework Agreement, each as represented for purposes of this Agreement by Rabobank, as Agent. Each such Buyer shall be deemed a party to this Agreement, and upon entry into any Transaction, each such Buyer shall acquire an undivided fractional interest in the Purchased Securities for such Transaction (pro-rata in accordance with its Undivided Funding Percentage) in accordance with Section 4.2(b) of the Framework Agreement until such Purchased Securities are repurchased by Seller pursuant to this Agreement (at which point such undivided fractional interests shall be collectively reconveyed to Seller) or otherwise disposed of hereunder. Subject to the terms and conditions of the Framework Agreement, all powers of Buyers hereunder, including the execution and delivery of Confirmations hereunder or any other matters involving consent or discretion, shall be exercised solely by Agent on behalf of such Buyers. The parties agree that any remedies to be exercised against Seller, Guarantor or the Collateral shall be exercised solely through Agent and not by any Buyer individually.
Buyers. KDDI may extend this Agreement for use by other Buyer Subsidiaries, Parent Companies or partners. Buyer shall not have any liability or responsibility for performance by any other purchaser electing to use this Agreement.
Buyers. Xxxxxx X. Xxxxxxxxxx
Buyers. NAME OF BUYER: FXXXXXX LIFE SCIENCES PUBLIC FUND, L.P. By FHMLSP, L.P., its general partner By: FHMLSP, L.L.C., its general partner By: /s/ Axxxxx Xxx Name: Axxxxx Xxx Title: Managing Director Aggregate Share Purchase Price: $5,029,024.00 Number of Shares to be Acquired: 718,432 Aggregate Warrant Purchase Price: $0 Number of Warrants to be Acquired: 0 BUYERS: NAME OF BUYER: FXXXXXX LIFE SCIENCES PUBLIC OVERAGE FUND, L.P. By FHMLSP Overage, L.P., its general partner By FHMLSP Overage, L.L.C., its general partner By: /s/ Axxxxx Xxx Name: Axxxxx Xxx Title: Managing Director Aggregate Share Purchase Price: $2,542,540.00 Number of Shares to be Acquired: 363,220 Aggregate Warrant Purchase Price: $0 Number of Warrants to be Acquired: 0 BUYERS: NAME OF BUYER: FXXXXXX LIFE SCIENCES XI, L.P. By FHMLS XI, L.P., its general partner By FHMLS XI, L.L.C., its general partner By: /s/ Pxxxxxx Xxxxx Name: Pxxxxxx Xxxxx Title: Managing Director Aggregate Share Purchase Price: $1,552,551.00 Number of Shares to be Acquired: 221,793 Aggregate Warrant Purchase Price: $0 Number of Warrants to be Acquired: 0 BUYERS: NAME OF BUYER: FXXXXXX LIFE SCIENCES X, L.P. By FHMLS X, L.P., its general partner By FHMLS X, L.L.C., its general partner By: /s/ Pxxxxxx Xxxxx Name: Pxxxxxx Xxxxx Title: Managing Director Aggregate Share Purchase Price: $885,885.00 Number of Shares to be Acquired: 126,555 Aggregate Warrant Purchase Price: $0 Number of Warrants to be Acquired: 0
Buyers. Allocated Quantity shall be calculated as the Measured Quantity multiplied by Xxxxx's Scheduled Daily Quantity for the Day and divided by the total of the scheduled daily quantity for all deliveries at the Delivery Point for the Day; provided, however, that the Allocated Quantity shall not exceed Buyer's Scheduled Daily Quantity for the Day.
Buyers. Customers who buy Impressions on the Flycast Open Network.
Buyers. Stockholders Meeting; Filing the Amended Certificate. As soon as practicable following the date of this Agreement, Buyer shall prepare and file with the Securities and Exchange Commission the Proxy Statement and shall mail the Proxy Statement to Buyer's stockholders. Buyer shall also, as soon as practicable following the date of this Agreement, duly call, give notice of, convene and hold a meeting of its stockholders (the "Buyer's Stockholders Meeting") for the purpose of, among other things, obtaining approval of (i) the transactions contemplated in this Agreement and (ii) an amendment to Buyer's certificate of incorporation in a form reasonably agreed to by the parties hereto (the "Amended Certificate"), and, Buyer shall, through its Board of Directors, recommend to its stockholders that they approve the foregoing. The approval of the transactions contemplated in this Agreement shall require the approval of the holders of a majority of the shares of common stock of Buyer present in person or by proxy at the Buyer's Stockholders Meeting at which a quorum is present, excluding shares held by IHC and its Affiliates. However, notwithstanding the preceding sentence, the adoption of the Amended Certificate shall require the approval of the holders of a majority of the outstanding common stock of Buyer entitled to vote at the Buyer's Stockholders Meeting (including shares held by IHC and its Affiliates). Prior to the Closing Date, and subject to approval of the Amended Certificate by Buyer's stockholders, Buyer shall file the Amended Certificate with the Secretary of State of the State of Delaware.
Buyers. Each reference to "BUYERS" set forth in the Pledge Agreement shall mean (i) in respect of the period from November 8, 2006 through the day immediately preceding the date hereof, the "Buyers" referenced on the Schedule of Buyers attached to the Securities Purchase Agreement prior to the date hereof and (ii) in respect of the period from and after the date hereof, the "Buyers" referenced on the Schedule of Buyers attached to the Securities Purchase Agreement, after giving effect to (A) the Second Amendment to Securities Purchase Agreement (Notes and Warrants) and First Amendment to Joinder Agreement dated as of even date hereof ("SECOND AMENDMENT") and (B) any other subsequent amendments to the Schedule of Buyers, as applicable.
