PRICING OF COMMON STOCK. For purposes of this Agreement, the bid price of the Common Stock shall be as reported on Bloomberg.
PRICING OF COMMON STOCK. For purposes of this Agreement, the price of the Common Stock shall be as reported by Quotestream Media.
PRICING OF COMMON STOCK. For purposes of this Agreement, the VWAP of the Common Stock shall be as reported on a direct feed service.
PRICING OF COMMON STOCK. For purposes of this Agreement, the bid price of the Common Stock in this Agreement shall be as reported on Xxxxxxxxx.xxx. * * * SIGNATURE PAGE OF INVESTMENT AGREEMENT The signature of the authorized representative of the on this Signature Page evidences the Company 's agreement to be bound by the terms and conditions of the Investment Agreement and the Registration Rights Agreement as of the date first written above. The undersigned signatory hereby certifies that he has read and understands the Investment Agreement, and the representations made by the Company in this Investment Agreement are true and accurate, and on behalf of the Company, agrees to be bound by its terms. DUTCHESS PRIVATE EQUITIES FUND, II, L.P. BY ITS GENERAL PARTNER, DUTCHESS CAPITAL MANAGEMENT, LLC By:/s/ Xxxxxxx X. Xxxxxxxx ----------------------------------------- Xxxxxxx X. Xxxxxxxx, Managing Member HUMAN BIOSYSTEMS, By:/s/ Xxxxx Xxxxxx ------------------------------------------- Xxxxx Xxxxxx, Chief Executive Officer LIST OF EXHIBITS ----------------- EXHIBIT A Registration Rights Agreement EXHIBIT B Opinion of Company's Counsel EXHIBIT C [reserved] EXHIBIT D Broker Representation Letter EXHIBIT E Board Resolution EXHIBIT F Put Notice EXHIBIT G Put Settlement Sheet LIST OF SCHEDULES ----------------- Schedule 4(a) Subsidiaries Schedule 4(c) Capitalization Schedule 4(e) Conflicts Schedule 4(g) Material Changes Schedule 4(h) Litigation Schedule 4(l) Intellectual Property Schedule 4(n) Liens Schedule 4(t) Certain Transactions EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D [BROKER'S LETTERHEAD] Date Via Facsimile Attention: ______________________ ______________________ ______________________ Re: Human Biosystems Dear __________________: It is our understanding that the Form______ Registration Statement bearing SEC File Number ( ___-______) filed by Human Biosystems on Form _____ on __________, 2004 was declared effective on _________, 2004. This letter shall confirm that ______________ shares of the common stock of Human Biosystems are being sold on behalf of __________________ and that we shall comply with the prospectus delivery requirements set forth in that Registration Statement by filing the same with the purchaser. If you have any questions please do not hesitate to call. Sincerely, ______________________
PRICING OF COMMON STOCK. For purposes of this Agreement, the lowest closing bid price of the Common Stock shall be as reported on Bloomberg.
PRICING OF COMMON STOCK. For purposes of this Agreement, the VWAP of the Common Stock shall be as reported on Bloomberg.
PRICING OF COMMON STOCK. For purposes of this Agreement, the VWAP of the Common Stock shall be as reported on Bloomberg, L.P., Quotestream, or other applicable service.
PRICING OF COMMON STOCK. For purposes of this Agreement, the price of the Common Stock shall be as reported by xxx.xxxxxxxxxx.xxx.
PRICING OF COMMON STOCK. For purposes of this Agreement, the bid price of the Common Stock in this Agreement shall be as reported on Xxxxxxxxx.xxx. * * * SIGNATURE PAGE OF INVESTMENT AGREEMENT The signature of the authorized representative of the on this Signature Page evidences the Company’s agreement to be bound by the terms and conditions of the Investment Agreement and the Registration Rights Agreement as of the date first written above. The undersigned signatory hereby certifies that he has read and understands the Investment Agreement, and the representations made by the Company in this Investment Agreement are true and accurate, and on behalf of the Company, agrees to be bound by its terms. DUTCHESS PRIVATE EQUITIES FUND, L.P. BY ITS GENERAL PARTNER, DUTCHESS CAPITAL MANAGEMENT, LLC By: /s/ Xxxxxxx X. Xxxxxxxx Xxxxxxx X. Xxxxxxxx, Managing Member NEXT, INC. By: /s/ Xxxxxxx Xxxxxxxx
PRICING OF COMMON STOCK. For purposes of this Agreement, the lowest daily volume weighted average price of the Common Stock shall be as reported on Bloomberg.
