Purchase of Additional Notes. Subject to the satisfaction (or waiver) of the conditions set forth in Sections 1(b)(i), 1(b)(ii), 6(c) and 7(c) below, the Company shall issue and sell to the Buyer, and the Buyer shall purchase from the Company, on the applicable Additional Closing Date (as defined below), such aggregate principal amount of Additional Notes as specified in such applicable notice in the form substantially as set forth on Exhibit C hereto, as applicable (each, an “Additional Closing Notice”, and such closing of the purchase of such Additional Notes, each, an “Additional Closing”); provided, however, that no Additional Closing Notice shall be in an amount in excess of $4,000,000 unless otherwise mutually agreed to by the Company and the Buyer.
Appears in 3 contracts
Sources: Securities Purchase Agreement (Volato Group, Inc.), Securities Purchase Agreement (Volato Group, Inc.), Securities Purchase Agreement (Volato Group, Inc.)
Purchase of Additional Notes. Subject to the satisfaction (or waiver) of the conditions set forth in Sections 1(b)(i), 1(b)(ii), 6(c6(b) and 7(c7(b) below, the Company shall issue and sell to the such Buyer, and the such Buyer severally, but not jointly, with any other Buyer, shall purchase from the Company, on the applicable Additional Closing Date (as defined below), such aggregate principal amount number of Additional Notes as specified is set forth in such applicable notice in the form substantially as set forth on Exhibit C hereto, as applicable (each, an “Additional Closing Notice”, and Notice (as defined below) (each such closing of the purchase of such Additional Notes, each, an “Additional Closing”); provided, however, that no Additional Closing Notice shall be in an amount in excess of $4,000,000 unless otherwise mutually agreed to by the Company and the Buyer.
Appears in 3 contracts
Sources: Securities Purchase Agreement (TruGolf Holdings, Inc.), Securities Purchase Agreement (Nikola Corp), Securities Purchase Agreement (Nikola Corp)
Purchase of Additional Notes. Subject to the satisfaction (or waiver) of the conditions set forth in Sections 1(b)(i), 1(b)(ii), 6(c6(b) and 7(c7(b) below, the Company shall issue and sell to the such Buyer, and the such Buyer shall severally, but not jointly, agrees to purchase from the Company, Company on the applicable Additional Closing Date (as defined below), ) such aggregate principal amount number of Additional Notes as specified is set forth in such applicable notice in the form substantially as set forth on Exhibit C hereto, as applicable (each, an “Additional Closing Notice”, and Notice (as defined below)(each such closing of the purchase of such Additional Notes, each, an “Additional Closing”); provided, however, that no Additional Closing Notice shall be in an amount in excess of $4,000,000 unless otherwise mutually agreed to by the Company and the Buyer.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Nauticus Robotics, Inc.), Securities Purchase Agreement (Visionary Holdings Inc.)
Purchase of Additional Notes. Subject to the satisfaction (or waiver) of the conditions set forth in Sections 1(b)(i), 1(b)(ii), 6(c6(b) and 7(c7(b) below, the Company shall issue and sell to the each Buyer, and the each Buyer severally, but not jointly, shall purchase from the Company, Company on the applicable such Additional Closing Date (as defined below), an Additional Note in such aggregate principal amount of Additional Notes as specified in such applicable notice in the form substantially Additional Mandatory Closing Notice (as set forth on Exhibit C heretodefined below) or Additional Closing Notice (as defined below), as applicable (each, an “Additional Closing Notice”, and such closing of the purchase of such Additional Notes, each, an “Additional Closing”); provided, however, that no Additional Closing Notice shall be in an amount in excess of $4,000,000 unless otherwise mutually agreed to by the Company and the Buyer.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Fisker Inc./De), Securities Purchase Agreement (Fisker Inc./De)
Purchase of Additional Notes. Subject to the satisfaction (or waiver) of the conditions set forth in Sections 1(b)(i), 1(b)(ii), 6(c1(b)(iii) and/or 1(b)(iv), as applicable, and Sections 6(b) and 7(c7(b) below, the Company shall issue and sell to the such Buyer, and the such Buyer severally, but not jointly, with any other Buyer, shall purchase from the Company, on the applicable Additional Closing Date (as defined below), such aggregate principal amount number of Additional Notes as specified is set forth in such applicable notice in the form substantially as set forth on Exhibit C hereto, as applicable (each, an “Additional Closing Notice”, and Notice (as defined below) (each such closing of the purchase of such Additional Notes, each, an “Additional Closing”); provided, however, that no Additional Closing Notice shall be in an amount in excess of $4,000,000 unless otherwise mutually agreed to by the Company and the Buyer.
Appears in 1 contract
Sources: Securities Purchase Agreement (Lotus Technology Inc.)
Purchase of Additional Notes. Subject to the consent of each Buyer and the satisfaction (or waiver) of the conditions set forth in Sections 1(b)(i), 1(b)(ii), 6(c6(b) and 7(c7(b) below, the Company shall issue and sell to the such Buyer, and the such Buyer severally, but not jointly, with any other Buyer, shall purchase from the Company, on the applicable Additional Closing Date (as defined below), such aggregate principal amount number of Additional Notes as specified is set forth in such applicable notice in the form substantially as set forth on Exhibit C hereto, as applicable (each, an “Additional Closing Notice”, and Notice (as defined below) (each such closing of the purchase of such Additional Notes, each, an “Additional Closing”); provided, however, that no Additional Closing Notice shall be in an amount in excess of $4,000,000 unless otherwise mutually agreed to by the Company and the Buyer.
Appears in 1 contract
Purchase of Additional Notes. Subject to the satisfaction (or waiver) of the conditions set forth in Sections 1(b)(i), 1(b)(ii), 6(c6(b) and 7(c7(b) below, the Company shall issue and sell to the such Buyer, and the such Buyer severally, but not jointly, with any other Buyer, shall purchase from the Company, on the applicable Additional Closing Date (as defined below), such aggregate principal amount of Additional Notes as specified in such applicable notice in the form substantially as set forth on Exhibit C hereto, as applicable (each, an “Additional Closing Notice”, and Notice (as defined below) (such closing of the purchase of such Additional Notes, each, an “Additional Closing”); provided, however, that no Additional Closing Notice shall be in an amount in excess of $4,000,000 unless otherwise mutually agreed to by the Company and the Buyer.
Appears in 1 contract
Sources: Securities Purchase Agreement (Ocean Power Technologies, Inc.)