Purchase of Common Shares 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, agrees to purchase from the Company on the Closing Date (as defined below) (A) such aggregate number of Common Shares as is set forth opposite such Buyer’s name in column (3) on the Schedule of Buyers, and (B) 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.
Purchase of Common Shares 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, agrees to purchase from the Company on the Closing Date (as defined below), the number of Common Shares as is set forth opposite such Buyer’s name in column (3) on the Schedule of Buyers, along with the Warrants to acquire up to that number of Warrant Shares as is set forth opposite such Buyer’s name in column (4) on the Schedule of Buyers (the “Closing”). The Closing shall occur on the Closing Date at the offices of Xxxxxxx Xxxx & Xxxxx LLP, 000 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000.
Purchase of Common Shares 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, agrees to purchase from the Company on the Closing Date (as defined below), (w) the number of Common Shares as is set forth opposite such Buyer’s name in column (3) on the Schedule of Buyers along with (x) Series A Warrants to acquire up to that number of Series A Warrant Shares as is set forth opposite such Buyer’s name in column (4) on the Schedule of Buyers and (y) Series B Warrants to acquire up to that number of Series B Warrant Shares as is set forth opposite such Buyer’s name in column (5) on the Schedule of Buyers (the “Closing”).
Purchase of Common Shares 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 the Buyer, and the Buyer agrees to purchase from the Company on the Closing Date (as defined below), (i) 196,104 Common Shares, (ii) the Series C Warrant to initially acquire an aggregate of up to 261,911 Series C Warrant Shares and (iii) the Series D Warrant to initially acquire an aggregate of up to 458,015 Series D Warrant Shares.
Purchase of Common Shares and Warrants. Subject to the satisfaction (or waiver) of the conditions set forth in Sections 6 and 7 below, (x) the Company shall issue and sell to each Buyer, and each Buyer severally, but not jointly, agrees to purchase from the Company on the Closing Date (as defined below) (i) such aggregate number of Company Common Shares as is set forth opposite such Buyer’s name in column (3) on the Schedule of Buyers, (ii) Series A Warrants to initially acquire up to that aggregate number of Series A Warrant Shares as is set forth opposite such Buyer’s name in column (5) on the Schedule of Buyers and (iii) Series B Warrants to initially acquire up to such aggregate number of Series B Warrant Shares as is set forth opposite such Buyer’s name in column (6) on the Schedule of Buyers and (y) the Selling Stockholder shall sell to each Buyer, and each Buyer severally, but not jointly, agrees to purchase from the Company on the Closing Date such aggregate number of Stockholder Common Shares as is set forth opposite such Buyer’s name in column (4) on the Schedule of Buyers.
Purchase of Common Shares and Warrants. Subject to the satisfaction (or waiver) of the conditions set forth in Sections 6 and 7 below with respect to each Closing, as applicable, at the applicable Closing, the Company shall issue and sell to the Buyer, and the Buyer agrees to purchase from the Company on each Closing Date (as defined below), on the terms set forth herein, (w) at the Initial Closing (as defined below), 1,500,000 Common Shares, along with Warrants to acquire up to 1,500,000 Warrant Shares, (x) at the Second Closing (as defined below), 3,500,000 Common Shares, along with Warrants to acquire up to 3,500,000 Warrant Shares, (y) at the Third Closing (as defined below), a minimum of 3,000,000 Common Shares and at Buyer’s election, up to a total of 5,500,000 Common Shares, along with Warrants to acquire up to a corresponding number of Warrant Shares (collectively, the “Third Closing Option Shares”), and (z) at the Fourth Closing (as defined below), 187,500 Common Shares, along with Warrants to acquire up to 187,500 Warrant Shares (collectively, the “Fourth Closing Shares”). The date of the initial Closing (the “Initial Closing”) is the “Initial Closing Date.” The date of the second closing (the “Second Closing”) is the “Second Closing Date.” The date of the third Closing (the “Third Closing”) is the “Third Closing Date.” The date of the fourth Closing (the “Fourth Closing”) is the “Fourth Closing Date.””
Purchase of Common Shares and Warrants. In connection with the offering (the "Offering") by the Company of its common stock to the Buyers, and 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 agrees to purchase from the Company the respective number of shares of Common Shares set forth opposite such Buyer's name on Schedule 1, along with Warrants to acquire the respective number of Warrant Shares set forth opposite such Buyer's name on Schedule 1 (the "Closing"). The purchase price (the "Purchase Price") of the Common Shares and the related Warrants at the Closing shall be $6,000,032.43.
Purchase of Common Shares 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, agrees to purchase from the Company on the Closing Date (as defined below) (A) such aggregate number of Common Shares as is set forth opposite such Buyer’s name in column (3) on the Schedule of Buyers, (B) Pre-Funded Common Warrants to initially acquire up to that aggregate number of Pre-Funded Common Warrant Shares as is set forth opposite such Buyer’s name in column (4) on the Schedule of Buyers, and (C) Common Warrants to initially acquire up to such aggregate number of Common Warrant Shares as is set forth opposite such Buyer’s name in column (5) on the Schedule of Buyers.
Purchase of Common Shares and Warrants. Subject to the satisfaction (or waiver) of the conditions set forth in Sections 6 and 7 below, and the Investor’s right to not make any further payments on account of the Maximum Subscription Price in accordance with Section 2.2 below, the Company shall issue and sell to the Investor, and the Investor agrees to subscribe for and purchase from the Company on (or, at the election of the Investor, before) the dates and for the consideration set forth below up to 27,500,000 Subscription Shares as provided below. Further, at such dates, and for no additional consideration, if the Investor subscribes for and purchases the relevant Subscription Shares, then the Company shall issue to the Investor Warrants to acquire up to 30,250,0000 additional Common Shares as provided below. For such Warrants representing the first 10,083,333 Common Shares issuable upon exercise, the Exercise Price (as defined in the Warrant) shall be - $0.20 (twenty cents) per share; for such Warrants representing the next 10,083,333 Common Shares issuable upon exercise, the Exercise Price (as defined in the Warrant) shall be - $0.29 (twenty nine cents) per share; and for such Warrants representing the next 10,083,334 Common Shares issuable upon exercise, the Exercise Price (as defined in the Warrant) shall be - $0.36 (thirty six cents) per share. Purchase Date Purchase Price Number of Subscription Shares Number of Warrant Shares August 30, 2007: $1,250,000 (of which $250,000 was paid on May 6, 2007) 6,875,000 7,562,500 November 15, 2007: $750,000 4,125,000 4,537,500 February 15, 2008: $750,000 4,125,000 4,537,500 May 15, 2008: $750,000 4,125,000 4,537,500 July 30, 2008: $750,000 4,125,000 4,537,500 November 15, 2008: $750,000 4,125,000 4,537,500
Purchase of Common Shares 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 Common Shares as is set forth on such Buyer’s signature page to this Agreement, along with a Warrant to acquire up to that number of Warrant Shares as is set forth on Buyer’s signature page to this Agreement (the “Closing”).
