Investor Securities. The Series A Preferred Stock being purchased by the Investors hereunder, together with any securities issued with respect thereto, upon exercise, conversion or transfer thereof or in exchange therefor, including the Common Stock issuable upon conversion of the Series A Preferred Stock, are collectively referred to as "Investor Securities"; provided, however, that once any such securities have been sold in a public offering registered under the Securities Act or sold pursuant to Rule 144 under the Securities Act they shall cease to be Investor Securities for all purposes of this Agreement. The powers, preferences and rights of the Series A Preferred Stock are set forth in the Company's Certificate of Designation, Preferences and Limitations, attached hereto as Exhibit A (the "Certificate of Designation").
Investor Securities. The Preferred Stock and Purchase Warrants ------------------- being purchased by the Investors hereunder, together with any securities issued with respect thereto, upon exercise, conversion or transfer thereof or in exchange therefor, including the Common Stock issuable upon conversion of the Preferred Stock and the Conversion Warrants issuable upon a voluntary redemption of the Preferred Stock (and the Common Stock issuable upon exercise or conversion of the Warrants), are collectively referred to as "Investor Securities"; provided, however, that once -------- ---------- -------- ------- any such securities have been sold in a Liquidity Event they shall cease to be Investor Securities for all purposes of this Agreement. The powers, preferences and rights of the Preferred Stock are set forth in the Company's Charter as amended through the date hereof, including the Certificate of Designation, Preferences and Rights for the Preferred Stock in the form set forth in Exhibit 2.1B (the "Certificate of Designation"). --------------------------
Investor Securities. The Company shall have issued to the ------------------- Investor the number of shares of Preferred Stock and Purchase Warrants shown in Exhibit 1 for an aggregate consideration as shown in Exhibit 1.
Investor Securities. The Company has authorized the issuance and sale of up to 2,000,000 shares of its Common Stock, $0.001 par value (the Shares) to be issued under this Agreement.
Investor Securities. The Company shall have issued to the ------------------- Investors shown on Exhibit 1 and placed in escrow pursuant to Section 2.3 the number of shares of Preferred Stock and Purchase Warrants shown opposite their names in Exhibit 1 for an aggregate consideration as shown in Exhibit 1 with respect to such Closing Date.
Investor Securities. The Company has authorized the issuance and sale of up to 641,642 shares of its Series A Preferred Stock, $0.01 par value to be issued under this Agreement. The Series A Preferred Stock being purchased by the Investors hereunder, together with any securities issued with respect thereto, upon exercise, conversion or transfer thereof or in exchange therefor, including the Common Stock issuable upon conversion of the Series A Preferred Stock, are collectively referred to as "Investor Securities"; provided, however, that once any such securities have been sold in a public offering registered under the Securities Act they shall cease to be Investor Securities for all purposes of this Agreement. The rights, privileges and preferences of the Series A Preferred Stock are set forth in the Certificate of Designations, Preferences and Rights of Series A Convertible Preferred Stock, attached hereto as Exhibit B (the "Certificate of Designations").
Investor Securities. The Preferred Stock being purchased by the Investors hereunder are referred to as "INVESTOR SECURITIES." The powers, preferences and rights of the Preferred Stock are set forth in the Company's Charter as amended through the date hereof in the form set forth in EXHIBIT A (the "AMENDED AND RESTATED CHARTER").
Investor Securities. The Series A Preferred Stock being purchased by ------------------- the Investors hereunder, together with any securities issued with respect thereto, upon exercise, conversion or transfer thereof or in exchange therefor, including the Common Stock issuable upon conversion of the Series A Preferred Stock, are collectively referred to as "Investor Securities"; provided, however, -------- ---------- -------- ------- that once any such securities have been sold in a public offering registered under the Securities Act or sold pursuant to Rule 144 under the Securities Act they shall cease to be Investor Securities for all purposes of this Agreement. The powers, preferences and rights of the Series A Preferred Stock are set forth in the Company's Certificate of Designation, Preferences and Limitations, attached hereto as Exhibit A (the "Certificate of Designation").
Investor Securities. The Common Stock and Convertible Notes are being purchased by the Investor are collectively referred to as the "Investor Securities."
Investor Securities. The Series D Preferred Stock being purchased by the Investors hereunder, together with any securities issued with respect thereto, upon exercise, conversion or transfer thereof or in exchange therefor, including the Common Stock issuable upon conversion of the Series D Preferred Stock, are collectively referred to as "Investor Securities"; provided, however, that once any such securities have been sold in a public offering or pursuant to Rule 144 promulgated under the Securities Act, they shall cease to be Investor Securities for all purposes of this Agreement. The powers, preferences and rights of the Series D Preferred Stock are set forth in the Company's Charter as amended through the date hereof, including the Certificate of Designation, Preferences and Rights for the Series D Preferred Stock in the form set forth in Exhibit 2.1 (the "Certificate of Designation").
