Preferred Stock 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), the number of shares of Preferred Stock as is set forth opposite such Buyer’s name in column (3) on the Schedule of Buyers, along with (i) Series A Warrants to initially acquire up to the aggregate number of Series A Warrant Shares as is set forth opposite such Buyer’s name in column (4) on the Schedule of Buyers, (ii) Series B Warrants to initially acquire up to the aggregate number of Series B Warrant Shares as is set forth opposite such Buyer’s name in column (5) on the Schedule of Buyers and (iii) Series C Warrants to initially acquire up to the aggregate number of Series C Warrant Shares as is set forth opposite such Buyer’s name in column (6) on the Schedule of Buyers.
Preferred Stock and Warrants. The obligation of the Company to deliver the shares of Preferred Stock and Warrants is subject to the satisfaction or waiver (with prior written notice to each Holder) by the Company, at or before the Closing Date of each of the following conditions:
Preferred Stock 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 Buyer, and Buyer agrees to purchase from the Company on the Closing Date (as defined below), the number of shares of Preferred Stock, as is set forth opposite Buyer’s name in column (3) on the Schedule of Buyers, along with Warrants to acquire that number of Warrant Shares as is set forth opposite Buyer’s name in column (4) on the Schedule of Buyers.
Preferred Stock and Warrants. At or prior to the Closing, the Company shall have delivered to the Purchasers the Series A Preferred Stock (in such denominations as each Purchaser has subscribed) and the Series A and Series B Warrants (in such denominations as each Purchaser has subscribed).
Preferred Stock and Warrants. The Company further represents to each Buyer that the Company's decision to enter into this Agreement has been based solely on the independent evaluation by the Company and its representatives. The Company has not provided to any Buyer any nonpublic information that, in the opinion of the Company, is material to a decision to purchase or sell Common Stock.
Preferred Stock 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 Buyer, and Buyer shall purchase from the Company on the Closing Date (as defined below), the number of Series C Preferred Shares at such Closing Date as is set forth on the Buyer Schedule, along with Warrants to initially acquire up to the aggregate number of Warrant Shares as is set forth on the Buyer Schedule. DM_US 86580026-11.096039.0012
Preferred Stock and Warrants. The Purchaser shall then (on a date approved by the Company, in its sole discretion, in writing delivered to a Purchaser) purchase such Purchaser's desired number of shares of Series D-2 Preferred Stock, Series D-3 Preferred Stock, Series D-4 Preferred Stock and/or Series D-5 Preferred Stock, as the case may be, offered for sale at any subsequent Closing."
Preferred Stock and Warrants. At or prior to the Closing, (i) the ---------------------------- Company shall have delivered to the Purchasers the Series A Preferred Stock (in such denominations as each Purchaser has subscribed) and the Series A and Series B Warrants (in such denominations as each Purchaser has subscribed); (ii) the Company shall have delivered to the DVA Shareholders the Series B Preferred Stock or Series C Preferred Stock, as applicable (in such denominations as each Purchaser has subscribed), and Series C Warrant, as applicable; and (iii) the Company shall have delivered to Lender the Series D Warrant.
Preferred Stock and Warrants. The Securities are -------------------------------------------------------- issuable as registered securities transferable by endorsement and delivery. The Company shall keep at its principal office a register in which the Company shall provide for the registration of the Securities. Upon surrender for registration of transfer of any registered Security at such office, the Company shall, at its expense, execute and deliver one or more replacement Securities of like tenor and of a like aggregate principal amount which replacement Securities shall be registered Securities. At the option of the holder of any Security such Security may be exchanged for other Securities of any authorized denominations, of a like tenor and of a like aggregate principal amount, upon surrender of the Security to be exchanged at the office of the Company. Whenever any Securities are so surrendered for exchange, the Company shall execute and deliver, at its expense, the Securities which the holder thereof making the exchange is entitled to receive. Every Security presented or surrendered for registration of transfer shall be duly endorsed, or be accompanied by a written instrument of transfer duly executed, by the holder of Security, or his attorney duly authorized in writing. Upon receipt of written notice from a holder or other evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of any Security held by a holder and, in the case of any such loss, theft or destruction, upon receipt of its unsecured indemnity agreement, or other indemnity reasonably satisfactory to the Company, or in the case of any such mutilation upon surrender and cancellation of such mutilated Security, the Company will make and deliver a replacement Security of like tenor, in lieu of such lost, stolen, destroyed or mutilated Security.
Preferred Stock and Warrants. The Purchaser shall have delivered to the Seller certificates evidencing the shares of the Preferred Stock and the Warrants.
