Issuance, Purchase and Sale. Upon the terms and subject to the conditions set forth herein, at the Closing (as defined below) the Company shall sell to the Purchasers and the Purchasers shall purchase from the Company (a) an aggregate of 584,375 shares of Series C Preferred Stock for an aggregate purchase price of $584,375,000 in cash and (b) an aggregate of 265,625 shares of Series D Preferred Stock for an aggregate purchase price of $265,625,000 in cash (the cash amounts set forth in (a) and (b) being collectively referred to herein as, the "Purchase Price"). The number of shares of Series C Preferred Stock and Series D Preferred Stock being acquired by each Purchaser, and the portion of the Purchase Price payable therefor is set forth opposite such Purchaser's name on the signature page hereto; provided, that the Purchasers shall have the right at any time prior to the Closing by delivering written notice to the Company to reallocate among the Purchasers the Preferred Shares to be purchased by each Purchaser so long as such reallocation does not change the total number of Preferred Shares being acquired hereunder or the Purchase Price.
Issuance, Purchase and Sale. (a) Upon the terms and subject to the conditions set forth herein, at each Closing (as defined in Section 1.3(c)) the Company shall sell to the Purchaser and the Purchaser shall purchase from the Company (i) shares of Series B Preferred Stock (the "Preferred Shares") at a stated price of $1,000 per share and (ii) Warrants having an initial exercise price per share of Common Stock that is equal to the initial conversion price per share of Common Stock of the Preferred Shares issued and sold at such Closing. The Preferred Shares to be purchased and sold at each Closing shall be issued pursuant to a separate certificate of designation substantially in the form of Exhibit 2.2 hereto (the "Series B Certificate of Designation"). The Preferred Shares to be issued at the Initial Closing (as defined in Section 1.2) shall be designated by the Company Board as "Series B-1 Cumulative Convertible Preferred Stock," and each issue of Preferred Shares purchased and sold at any subsequent Closing shall be designated by the Company Board as a series of the Series B Preferred Stock. The various series of the Series B Preferred Stock designated by the Company Board after the Series B- 1 Cumulative Convertible Preferred Stock shall be consecutively numbered, beginning with "Series B-2 Cumulative Convertible Preferred Stock" for the series to be purchased and sold at the first Closing that shall take place after the Initial Closing.
Issuance, Purchase and Sale. Upon the terms and subject to the conditions set forth in the Plan and this Agreement, the Reorganized Company is issuing and selling to each Purchaser, and each Purchaser is purchasing from the Reorganized Company, the number of Shares set forth opposite such Purchaser's name on Exhibit A hereto at a purchase price of $2.283 per Share.
Issuance, Purchase and Sale. (a) Upon the terms and subject to the conditions set forth herein, the Company is issuing and selling to the Purchasers and the Purchasers are purchasing from the Company, the Notes and the Shares for an aggregate cash purchase price of [$________] (the "Purchase Price"). The Notes shall be in the form of Exhibit 1.2 hereto.
Issuance, Purchase and Sale. (a) (i) Subject to the terms and subject to the conditions of this Agreement, the Company shall sell to each Purchaser, and each Purchaser shall purchase from the Company, the number of shares of Series A Preferred Stock (the "Preferred Shares") at a stated price of $100 per share which is set forth opposite such Purchaser's name in column (1) of Schedule 1 attached hereto. The Preferred Shares to be purchased and sold at Closing shall be issued pursuant to a certificate of designation substantially in the form of Exhibit A hereto (the "Preferred Stock Certificate of Designation"). Each Purchaser shall pay for its Preferred Shares the amount set forth opposite such Purchaser's name in column (4) of Schedule 1 (such amount, as adjusted pursuant to Section 1.1(a)(ii), a "Purchaser's Committed Amount," and the aggregate purchase price of $15,000,000, as adjusted pursuant to Section 1.1(a)(ii), the "Committed Amount").
Issuance, Purchase and Sale. Upon the terms set forth herein,
Issuance, Purchase and Sale. Upon the terms and subject to the conditions set forth herein, at the Closing (as defined below) the Company shall sell to the Purchasers and the Purchasers shall purchase from the Company the Securities for $175,000,000 (the "Purchase Price"). The number of shares of Common Stock, Preferred Stock and Warrants being acquired by each Purchaser, and the portion of the Purchase Price payable therefor is set forth opposite such Purchaser's name on Schedule 1.1; provided, that (i) the Purchasers shall have the right to reallocate among the Purchasers the Securities to be purchased by each Purchaser by delivering written notice of such reallocation to the Company not less than three days prior to the Closing so long as such reallocation does not change the total number of Securities being acquired hereunder or the Purchase Price and (ii) the Company shall have the right to increase or decrease the number of shares of Common Stock and the number of shares of Class A Common Stock subject to the Warrants by delivering written notice of such change to the Purchasers not less than 10 days prior to the Closing so long as (A) the number of shares of Common Stock and the number of shares of Class A Common Stock subject to the Warrants are determined in accordance with Exhibit A attached hereto and (B) such change in the number of shares does not change the Purchase Price.
Issuance, Purchase and Sale. Upon the terms and subject to the conditions set forth herein, at the Closing (as defined below) the Company shall sell to the Purchasers and the Purchasers shall purchase from the Company the Securities for $100,000,000 (the "Purchase Price"). The number of shares of Series F Preferred Stock, Series G Preferred Stock and Warrants being acquired by each Purchaser, and the portion of the Purchase Price payable therefor is set forth opposite such Purchaser's name on Schedule 1.1; provided, that the Purchasers shall have the right to reallocate among the Purchasers the Securities to be purchased by each Purchaser by delivering written notice of such reallocation to the Company not less than three days prior to the Closing so long as such reallocation does not change the total number of Securities being acquired hereunder or the Purchase Price.
Issuance, Purchase and Sale. (a) Upon the terms and subject to the conditions set forth herein, the Company is issuing and selling to the Purchasers, and the Purchasers are purchasing from the Company, the Notes, the Shares and the $7 Warrants for an aggregate cash purchase price of $17.5 million (the "Purchase Price"). The Notes shall be in the form of Exhibit 1.4(i).
Issuance, Purchase and Sale. Upon the terms and conditions set forth herein, at the Closing, the Company shall sell to the Purchasers, and the Purchasers shall purchase from the Company, the Preferred Stock and Warrants for an aggregate purchase price of $15,000,018.10, (the "Purchase Price"). Each Purchaser shall, in exchange for the payment by such Purchaser of the portion of the Purchase Price set forth opposite such Purchaser's name on Schedule A receive the number of shares of Preferred Stock and Warrants to purchase the number of shares of Common Stock set forth opposite such Purchaser's name on Schedule A. The designations of the Purchasers hereunder are several and not joint and no Purchaser shall have any liability to any Person for the performance or non-performance by any other Purchaser hereunder. The parties agree that the aggregate Purchase Price shall be allocated for income tax purposes between the Preferred Stock and the Warrants as set forth in Schedule B hereto.
