Purchase of Preferred 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), such aggregate number of Preferred Shares 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 Bxxxx’s name in column (4) on the Schedule of Buyers.
Purchase of Preferred Shares and Warrants. On each Closing Date (as defined below), the Company shall issue and sell to each Buyer and each Buyer severally agrees to purchase from the Company such number of Preferred Shares and number of Warrants for the aggregate purchase price with respect to such applicable Closing (as defined herein) as is set forth immediately below such Buyer's name on the signature pages hereto. The issuance, sale and purchase of the Preferred Shares, Series C Warrants and Series D Warrants shall take place at two (2) closings (each a "CLOSING"), the first of which is hereinafter referred to as the "FIRST CLOSING" {MI571764;1} 3 and the second of which is referred to as the "SECOND CLOSING." At the First Closing, the Company shall issue an aggregate of (i) Twelve Thousand (12,000) Series C Preferred Shares and (ii) Series C Warrants to purchase One Hundred Eighty-One Thousand One Hundred Thirty-Two (181,132) shares of Common Stock, for an aggregate purchase price of Twelve Million Dollars ($12,000,000) (the "FIRST CLOSING PURCHASE PRICE"). At the Second Closing, which shall occur no later than July 31, 2001, the Company may, at its option (the "SECOND CLOSING OPTION"), within three (3) business days of the satisfaction of the conditions set forth in Section 7(b), issue an aggregate of (i) Three Thousand (3,000) Series D Preferred Shares and (ii) Series D Warrants to purchase an aggregate number of shares of Common Stock determined by multiplying twenty percent (20%) by the quotient equal to $3,000,000 divided by the lesser of (A) the average of the Closing Bid Prices for the three (3) consecutive Trading Days ending one Trading Day prior to the Closing Date with respect to the Second Closing and (B) $16.08, for an aggregate purchase price of Three Million Dollars ($3,000,000) (the "SECOND CLOSING PURCHASE PRICE" and, collectively with the First Closing Purchase Price, the "PURCHASE PRICE"). Subject to the satisfaction (or waiver) of the conditions thereto set forth in Section 6 and Section 7 below, (i) at the First Closing, the Company shall issue and sell to each Buyer and each Buyer shall purchase from the Company the number of Series C Preferred Shares and Series C Warrants which such Buyer is purchasing hereunder and set forth below such Buyer's name on the signature page hereto and (ii) if the Company elects to exercise the Second Closing Option in writing within two (2) business days of the conditions set forth in Section 7(b), at the Second Closing, the Company shall ...
Purchase of Preferred 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 Preferred Shares set forth on each Buyer’s Signature Page and the Warrants to acquire up to that number of Warrant Shares set forth on each Buyer’s Signature Page.
Purchase of Preferred 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) the aggregate number of Preferred Shares 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.
Purchase of Preferred Shares and Warrants. The Company shall issue and sell to each Buyer and each Buyer severally agrees to purchase from the Company such number of shares of Series A Preferred Stock (collectively, together with any Preferred Stock issued in replacement thereof or as a dividend thereon or otherwise with respect thereto in accordance with the terms thereof, the "Preferred Shares") and number of Warrants for the aggregate purchase price (the "Purchase Price") as is set forth immediately below such Buyer's name on the signature pages hereto. The aggregate number of Preferred Shares to be issued at the Closing (as defined below) is Fifteen Thousand (15,000) and the aggregate number of Warrants to be issued at the Closing is One Hundred Fifty Thousand (150,000), for an aggregate purchase price of Fifteen Million Dollars ($15,000,000).
Purchase of Preferred Shares and Warrants. On the Closing Date (as defined below), the Company shall issue and sell to each Buyer and each Buyer severally agrees to purchase from the Company such number of Preferred Shares and Warrants as is set forth immediately below such Buyer's name on the signature pages hereto.
Purchase of Preferred Shares and Warrants. On the Closing Date, Subscriber will purchase the Preferred Shares and Warrants for its own account for investment only and not with a view toward, or for resale in connection with, the public sale or any distribution thereof.
Purchase of Preferred Shares and Warrants. Subject to the satisfaction (or waiver) of the conditions set forth in Sections 6 and 7 herein:
Purchase of Preferred Shares and Warrants. The Company shall issue and sell to each Buyer and each Buyer severally agrees to purchase from the Company such number of shares of Preferred Stock (together with any Preferred Stock issued in replacement thereof or as a dividend thereon or otherwise with respect thereto in accordance with the terms thereof, the "PREFERRED SHARES") and Warrants, at the aggregate purchase price thereof (the "PURCHASE PRICE") as is set forth immediately below such Buyer's name on the signature pages hereto. The issuance, sale and purchase of the Preferred Shares and the Warrants shall take place at the closing (the "CLOSING"). Subject to the satisfaction (or waiver) of the conditions thereto set forth in Section 6 and Section 7 below, at the Closing, the Company shall issue and sell to each Buyer, and each Buyer shall purchase from the Company, the aggregate number of Preferred Shares and Warrants which such Buyer is purchasing hereunder for the Purchase Price. The aggregate number of Preferred Shares to be issued at the Closing shall be 4,500 and the aggregate number of One-Year Warrants and Year-Three Warrants to be issued at the Closing shall be 315,000 and 135,000, respectively, for an aggregate purchase price of $4,500,000.
Purchase of Preferred Shares and Warrants. On the date of each of the First Closing and the Second Closing (each as defined below), the Company shall issue and sell to Investor and Investor agrees to purchase from the Company the Preferred Shares and Warrants contemplated herein.
