Common use of Issuance, Purchase and Sale Clause in Contracts

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. 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 584,375 268,750 shares of Series C G Preferred Stock for an aggregate purchase price of $584,375,000 269,406,250 in cash and (b) an aggregate of 265,625 131,250 shares of Series D H Preferred Stock for an aggregate purchase price of $265,625,000 132,343,750 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 G Preferred Stock and Series D H 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. 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 584,375 275,000 shares of Series B Preferred Stock for an aggregate purchase price of $693,125,000 in cash and (b) an aggregate of 125,000 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 $265,625,000 321,875,000 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 B Preferred Stock and the number of shares of Series D C 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 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 Preferred Shares being acquired hereunder or 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 (a) an aggregate of 584,375 275,000 shares of Series B Preferred Stock for an aggregate purchase price of $693,125,000 in cash and (b) an aggregate of 125,000 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 $265,625,000 321,875,000 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 B Preferred Stock and -------------- the number of shares of Series D C 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 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 Preferred Shares being acquired hereunder or the Purchase Price.