Notes and Warrants. Subject to the satisfaction (or waiver) of the conditions set forth in Sections 6 and 7 below, the Company shall issue and sell to each Buyer, and each Buyer severally, but not jointly, shall purchase from the Company on the Closing Date (as defined below) a Note in the original principal amount as is set forth opposite such Buyer’s name in column (3) on the Schedule of Buyers along with Warrants to initially acquire up to that aggregate number of Warrant Shares as is set forth opposite such Buyer’s name in column (4) on the Schedule of Buyers.
Appears in 5 contracts
Samples: Securities Purchase Agreement (LOCAL Corp), Securities Purchase Agreement (Axion Power International, Inc.), Securities Purchase Agreement (Ascent Solar Technologies, Inc.)
Notes and Warrants. Subject to the satisfaction (or waiver) of the conditions set forth in Sections 6 and 7 below, the Company shall issue and sell to each Buyer, and each Buyer severally, but not jointly, shall purchase from the Company on the Closing Date (as defined below) ), a Note in the original principal amount as is set forth opposite such Buyer’s name in column (3) on the Schedule of Buyers along with Warrants to initially acquire up to that aggregate number of Warrant Shares as is set forth opposite such Buyer’s name in column (4) on the Schedule of Buyers.
Appears in 5 contracts
Samples: Securities Purchase Agreement (WPCS International Inc), Securities Purchase Agreement (Kandi Technologies Corp), Securities Purchase Agreement (Pacific Ethanol, Inc.)
Notes and Warrants. Subject to the satisfaction (or waiver) of the conditions set forth in Sections 6 and 7 below, the Company shall issue and sell to each Buyer, and each Buyer severally, but not jointly, shall purchase from the Company on the Closing Date (as defined below), (x) a Note in the original principal amount of Notes as is set forth opposite such Buyer’s name in column (3) on the Schedule of Buyers along with and (y) Warrants to initially acquire up to that aggregate number of Warrant Shares as is set forth opposite such Buyer’s name in column (4) on the Schedule of Buyers, (the “Closing”).
Appears in 4 contracts
Samples: Securities Purchase Agreement (Liberator Medical Holdings, Inc.), Securities Purchase Agreement (Liberator Medical Holdings, Inc.), Securities Purchase Agreement (Cash Systems Inc)
Notes and Warrants. Subject to the satisfaction (or waiver) of the conditions set forth in Sections 6 and 7 below, the Company shall issue and sell to each Buyer, and each Buyer severally, but not jointly, shall purchase from the Company on the Closing Date (as defined below) ), a Note in the original principal amount as is set forth opposite such Buyer’s name in column (3) on the Schedule of Buyers Buyers, along with the Warrants to initially acquire up to that aggregate number of Warrant Shares as is set forth opposite such Buyer’s name in column (4) on the Schedule of Buyers.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Valley Forge Composite Technologies, Inc.), Securities Purchase Agreement (Freedom Leaf Inc.), Securities Purchase Agreement (Valley Forge Composite Technologies, Inc.)
Notes and Warrants. Subject to the satisfaction (or waiver) of the conditions set forth in Sections 6 and 7 below, the Company shall issue and sell to each Buyer, and each Buyer severally, but not jointly, shall purchase from the Company on the Closing Date (as defined below) ), a Note in the original principal amount as is set forth opposite such Buyer’s 's name in column (3) on the Schedule of Buyers along with Warrants to initially acquire up to that aggregate number of Warrant Shares as is set forth opposite such Buyer’s 's name in column (4) on the Schedule of Buyers.
Appears in 2 contracts
Samples: Execution Copy Securities Purchase Agreement (Socket Mobile, Inc.), Securities Purchase Agreement (Socket Mobile, Inc.)
Notes and Warrants. Subject to the satisfaction (or waiver) of the conditions set forth in Sections 6 and 7 below, the Company shall agrees to issue and sell to each Buyer, and each Buyer severally, but not jointly, shall purchase from the Company on the Closing Date (as defined below), (x) a Note in the original principal amount of Notes as is set forth opposite such Buyer’s name in column (3) on the Schedule of Buyers along with and (y) Warrants to initially acquire up to that aggregate number of Warrant Shares as is set forth opposite such Buyer’s name in column (4) on the Schedule of Buyers, (the “Closing”).
Appears in 2 contracts
Samples: Securities Purchase Agreement (Us Dataworks Inc), Securities Purchase Agreement (Us Dataworks Inc)
Notes and Warrants. Subject to the satisfaction (or waiver) of the conditions set forth in Sections 6 and 7 below, the Company shall issue and sell to each Buyer, and each Buyer severally, but not jointly, shall agrees to purchase from the Company on the Closing Date (as defined below), (x) a Note in the original principal amount of Notes as is set forth opposite such Buyer’s name in column (3) on the Schedule of Buyers along with and (y) Warrants to initially acquire up to that aggregate number of Warrant Shares as is set forth opposite such Buyer’s name in column (4) on the Schedule of BuyersBuyers (the “Closing”).
Appears in 2 contracts
Samples: Securities Purchase Agreement (Verenium Corp), Securities Purchase Agreement (Image Entertainment Inc)
Notes and Warrants. Subject to the satisfaction (or waiver) of the conditions set forth in Sections 6 and 7 below, the Company shall issue and sell to each Buyer, and each Buyer severally, but not jointly, shall agrees to purchase from the Company on the Closing Date (as defined below), (A) a Note in the original principal amount of Notes as is set forth opposite such Buyer’s 's name in column (3) on the Schedule of Buyers along with Warrants and (B) a warrant to initially acquire up to that aggregate number of Warrant Shares as is shares of Common Stock set forth opposite such Buyer’s 's name in column (4) on the Schedule of BuyersBuyers (the "Closing").
Appears in 2 contracts
Samples: Securities Purchase Agreement (Arotech Corp), Securities Purchase Agreement (Arotech Corp)
Notes and Warrants. Subject to the satisfaction (or waiver) of the conditions set forth in Sections 6 and 7 below, the Company shall issue and sell to each Buyer, and each Buyer severally, but not jointly, shall purchase from the Company on the Closing Date (as defined below) ), a Note in the original principal amount as is set forth opposite such Buyer’s name in column (3) on the Schedule of Buyers along with Warrants to initially acquire up to that the aggregate number of Warrant Shares as is set forth opposite such Buyer’s name in column (4) on the Schedule of Buyers.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Aura Systems Inc), Securities Purchase Agreement (Royale Energy Inc)
Notes and Warrants. Subject to the satisfaction (or waiver) of the conditions set forth in Sections 6 6(a) and 7 7(a) below, the Company shall issue and sell to each Buyer, and each Buyer severally, but not jointly, shall agrees to purchase from the Company on the Closing Date (as defined below) ), a Note in the original principal amount of Notes, as is set forth opposite such Buyer’s name in column (3) on the Schedule of Buyers Buyers, along with Warrants to initially acquire up to that aggregate number of Warrant Shares as is set forth opposite such Buyer’s name in column (4) on the Schedule of Buyers.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Supergen Inc), Securities Purchase Agreement (Supergen Inc)
Notes and Warrants. Subject to the satisfaction (or waiver) of the conditions set forth in Sections 6 and 7 below, the Company shall issue and sell to each BuyerBuyer purchasing at such Closing, and each such Buyer severally, but not jointly, shall purchase from the Company on the at such Closing Date (as defined below) ), a Note in the original principal amount as is set forth opposite such Buyer’s name in column (3) on the Schedule of Buyers as being purchased by such Buyer at such Closing along with Warrants to initially acquire up to that aggregate number of Warrant Shares as is set forth opposite such Buyer’s name in column (4) on the Schedule of Buyers.
Appears in 1 contract
Samples: Securities Purchase Agreement (Pegasi Energy Resources Corporation.)
Notes and Warrants. Subject to the satisfaction (or waiver) of the conditions set forth in Sections 6 and 7 below, the Company shall issue and sell to each Buyer, and each Buyer severally, but not jointly, shall agrees to purchase from the Company on either the Initial Closing Date (as defined below) or the Final Closing Date (as defined below), (x) a Note in the original principal amount of Notes as is set forth opposite such Buyer’s name in column (3) on the Schedule of Buyers along with Buyers, and (y) Warrants to initially acquire up to that aggregate number of Warrant Shares as is set forth opposite such Buyer’s name in column (4) on the Schedule of Buyers, (the “Closing”).
Appears in 1 contract
Notes and Warrants. Subject to the satisfaction (or waiver) of the conditions set forth in Sections 6 and 7 below, the Company shall issue and sell to each Buyer, and each Buyer severally, but not jointly, shall purchase from the Company on the Closing Date (as defined below), (x) a Note in the original principal amount of Notes as is set forth opposite such Buyer’s 's name in column (3) on the Schedule of Buyers along with and (y) Warrants to initially acquire up to that aggregate number of Warrant Shares as is set forth opposite such Buyer’s 's name in column (4) on the Schedule of BuyersBuyers (the "Closing").
Appears in 1 contract
Samples: Securities Purchase Agreement (General Steel Holdings Inc)
Notes and Warrants. Subject to the satisfaction (or waiver) of the conditions set forth in Sections 6 and 7 below, the Company shall issue and sell to each Buyer, and each Buyer severally, but not jointly, shall purchase from the Company on the applicable Closing Date (as defined below) ), a Note in the original principal amount as is set forth opposite such Buyer’s name in column (3) on the Schedule of Buyers along with Warrants to initially acquire up to that aggregate number of Warrant Shares as is set forth opposite such Buyer’s name in column (4) on the Schedule of Buyers.
Appears in 1 contract
Notes and Warrants. Subject to the satisfaction (or waiver) -------------------- of the conditions set forth in Sections 6 and 7 below, the Company shall issue and sell to each Buyer, and each Buyer severally, but not jointly, shall will purchase from the Company on the Closing Date (as defined below), (x) a Note in the original principal amount of Notes as is set forth opposite such Buyer’s 's name in column (3) on the Schedule of Buyers along with and (y) Warrants to initially acquire up to that aggregate number of Warrant Shares as is set forth opposite such Buyer’s 's name in column (4) on the Schedule of BuyersBuyers (the "CLOSING").
Appears in 1 contract
Samples: Securities Purchase Agreement (Charys Holding Co Inc)
Notes and Warrants. Subject to the satisfaction (or waiver) of the conditions set forth in Sections 6 and 7 below, the Company shall agrees to issue and sell to each Buyer, and each Buyer severally, but not jointly, shall purchase from the Company on the Closing Date (as defined below), (x) a Note in the original principal amount of Notes as is set forth opposite such Buyer’s 's name in column (3) on the Schedule of Buyers along with and (y) Warrants to initially acquire up to that aggregate number of Warrant Shares as is set forth opposite such Buyer’s 's name in column (4) on the Schedule of Buyers, (the "Closing").
Appears in 1 contract
Samples: Securities Purchase Agreement (DigitalFX International Inc)
Notes and Warrants. Subject to the satisfaction (or waiver) of the conditions set forth in Sections 6 and 7 below, the Company shall issue and sell to each Buyer, and each Buyer severally, but not jointly, shall agrees to purchase from the Company on either the Initial Closing Date ( as defined below) or the Final Closing Date (as defined below), (x) a Note in the original principal amount of Notes as is set forth opposite such Buyer’s 's name in column (3) on the Schedule of Buyers along with and (y) Warrants to initially acquire up to that aggregate number of Warrant Shares as is set forth opposite such Buyer’s 's name in column (4) on the Schedule of Buyers, (the "Closing").
Appears in 1 contract
Samples: Securities Purchase Agreement (Solar Enertech Corp)
Notes and Warrants. Subject to the satisfaction (or waiver) of the conditions set forth in Sections 6 6(a) and 7 7(a) below, the Company shall issue and sell to each Buyer, and each Buyer severally, but not jointly, shall agrees to purchase from the Company on the Closing Date (as defined below), (x) a Note in the original principal amount of Notes, as is set forth opposite such Buyer’s name in column (3) on the Schedule of Buyers along with and (y) Warrants to initially acquire up to that aggregate number of Warrant Shares as is set forth opposite such Buyer’s name in column (4) on the Schedule of BuyersBuyers (the “Closing”).
Appears in 1 contract
Samples: Securities Purchase Agreement (Universal Food & Beverage Compny)
Notes and Warrants. Subject to the satisfaction (or waiver) of the conditions set forth in Sections 6 and 7 below, the Company shall issue and sell to each Buyer, and each Buyer severally, but not jointly, shall purchase from the Company on the Closing Date (as defined below), (x) a Note in the original principal amount of Notes as is set forth opposite such Buyer’s 's name in column (3) on the Schedule of Buyers along with and (y) Warrants to initially acquire up to that aggregate number of Warrant Shares as is set forth opposite such Buyer’s 's name in column (4) on the Schedule of Buyers, (the "Closing").
Appears in 1 contract
