Restricted Stock Purchase. Contemporaneously with the execution of this Agreement, the Company will issue to Recipient 600,000 shares of Common Stock of the Company (the "Stock") for a consideration of $0.175 per share ("Purchase Price"). Payment of the aggregate Purchase Price of $105,000 for the Stock shall be made to the Company as follows: (i) $52,500 shall be paid in cash, and (ii) $52,500 shall be made by delivery of a promissory note, in the form attached hereto as Exhibit A, each upon execution of this Agreement. Recipient shall pledge the non-vested Stock as security for the promissory note pursuant to a security agreement in the form attached hereto as Exhibit B. All shares of Stock issued hereunder shall be deemed issued to Recipient as fully paid and nonassessable shares, and Recipient shall have all rights of a stockholder with respect thereto, including the right to vote, receive dividends (including stock dividends), participate in stock splits or other recapitalizations, and exchange such shares in a merger, consolidation or other reorganization. The Company shall pay any applicable stock transfer taxes.
Restricted Stock Purchase. (a) Contemporaneously with the execution of this Agreement, the Company will issue and sell to Recipient ___________ shares of Common Stock, par value $0.001 per share, of the Company (the "Stock") for a consideration of $___________ per share (the "Purchase Price"). Payment for the Stock in the amount of the Purchase Price multiplied by the number of shares issued hereunder shall be made to the Company upon execution of this Agreement. Such payment shall be made in cash, by check or wire transfer payable to the Company, by execution of a promissory note substantially in the form attached hereto as Exhibit A (the "Note"), or any combination of the foregoing. Stock certificates evidencing the Stock will be retained by the Company, accompanied by blank stock powers executed by Recipient, for the period during which the Stock constitutes Restricted Stock (as defined below) pursuant to the terms of Sections 2 and 3 hereof.
Restricted Stock Purchase. Contemporaneously with the execution of this Agreement, the Company will issue to Recipient 60,000 shares of Common Stock of the Company (the "Stock") for a consideration of $1.00 per share ("Purchase Price"). Payment of the aggregate Purchase Price of $60,000 for the Stock shall be made to the Company in cash. All shares of Stock issued hereunder shall be deemed issued to Recipient as fully paid and nonassessable shares, and Recipient shall have all rights of a stockholder with respect thereto, including the right to vote, receive dividends (including stock dividends), participate in stock splits or other recapitalizations, and exchange such shares in a merger, consolidation or other reorganization. The Company shall pay any applicable stock transfer taxes.
Restricted Stock Purchase. The Executive acquired Two Hundred Thousand (200,000) shares of the Corporation’s Series A Preferred Stock, $.001 par value, (the “Restricted Shares”) on March 10, 2014 under the terms and conditions set forth in this Agreement prior to this amendment and restatement. The purchase price for the Restricted Shares was determined as the fair market value of such shares, as determined by the Board in good faith and in consultation with the Executive (the “Purchase Price”), which fair market value may also be expressed as a per share purchase price (the “Per Share Purchase Price”). The Purchase Price has been paid by the delivery of a full recourse promissory note executed by Executive for the benefit of the Corporation and delivered to the Corporation. Pursuant to a conversion of the Corporation’s Series A Preferred Stock, dated May 6, 2014, the Restricted Shares were converted into 220,000 shares of the Corporation common stock. The Corporation and Executive contemplate that any other equity-based incentive arrangements will be provided for under separate stock incentive plans or agreements between the Corporation and the Executive.
Restricted Stock Purchase. (a) Within 30 days after execution of this Agreement, the Company will issue and sell to Recipient ten thousand (10,000) shares of Common Stock, $0.001 par value per share, of the Company (the "Stock") for a consideration of $0.001 per share ("Purchase Price Per Share") for a total purchase price of Ten Dollars ($10) (the "Total Purchase Price"). Payment for the Stock in the amount of the Total Purchase Price shall be made to the Company upon execution of this Agreement. Such payment shall be made in the form of a check. The Stock certificate(s) evidencing the Stock will be retained by the Company, accompanied by (i) blank stock powers executed by Recipient and Recipient's spouse, if any, and (ii) a consent of spouse (if any), for the period during which the Stock constitutes Restricted Stock (as defined below) pursuant to the terms of Sections 2 and 3 hereof.
Restricted Stock Purchase. The Employer hereby sells and issues to Executive, and Executive hereby purchase and receives from the Employer, the Restricted Shares, subject to the terms and conditions set forth herein and in the Employment Agreement. The aggregate purchase price for the Restricted Shares shall be $3,300,000.00, which is the fair market value of such shares, as determined by the Board in good faith and in consultation with the Executive (the “Purchase Price”), which fair market value results in a per share purchase price of $22 (the “Per Share Purchase Price”). The Purchase Price is being paid in full by Executive by the delivery of the Note, in substantially the form attached hereto as Exhibit A, executed by Executive ‘for the benefit of the Employer.
Restricted Stock Purchase. Contemporaneously with the execution of this Agreement, the Company will issue to Recipient 200,000 shares of Common Stock of the Company (the "Stock") for an aggregate consideration of $20,000.00 ("Purchase Price"). Payment for the Stock in the amount of the Purchase Price shall be made to the Company upon execution of this Agreement by execution of a five year promissory note and a security agreement in the forms attached hereto.
Restricted Stock Purchase. The Executive has heretofore purchased from FirstCom 800,000 shares of FirstCom common stock, par value $0.001 per share pursuant to a Restricted Stock Purchase Agreement in the form attached hereto as Exhibit B (the "RESTRICTED STOCK"), which provides for a right of the Company to repurchase such shares that lapses over time subject to the Executive's continued employment with FirstCom or any successor thereto (including the Company).
Restricted Stock Purchase. (a) Contemporaneously with the execution of this Agreement, the Company will issue and sell to Purchaser six hundred thousand (600,000) shares of Common Stock of the Company (the “Stock”) for consideration of $0.40 per share (the “Purchase Price”). Payment for the Stock in the amount of the Purchase Price multiplied by the number of shares issued hereunder, two hundred forty thousand dollars ($240,000), shall be made to the Company upon execution of this Agreement in cash, check or wire transfer. All shares of Stock issued hereunder shall be deemed issued to Purchaser as fully paid and nonassessable shares, and Purchaser shall have all rights of a stockholder with respect thereto, including the right to vote, receive dividends (including stock dividends), participate in stock splits or other recapitalizations, and exchange such shares in a merger, consolidation or other reorganization. The Company shall pay any applicable stock transfer taxes.
Restricted Stock Purchase. Employer shall purchase from Employee for cash, and Employee shall sell to Employer or its designee, the 1,250 shares of Restricted Stock of Eagle-Picher Holdings, Inc. beneficially owned by Employee (the "Employee Stock Interest") for an aggregate purchase price of $139,575 (the "Down Payment") plus the "Contingent Payment" described in Paragraph 3 below. The Down Payment shall be paid by Employer to Employee, without setoff or deduction, on or before the Deferred Payment Date and the Contingent Payment shall be paid, if at all, in accordance with Paragraph 3 below. As a material inducement to Employee to enter into this Agreement, Employer agrees and intends that the covenant of Employer to pay the Down Payment at the times and in the manner set forth in this Paragraph 2 (h) is an independent covenant, and Employer is and intends to be unconditionally obligated to pay the Down Payment without setoff or deduction and regardless of any breach of this Agreement by Employee or any other claims or defenses to payment Employer may have against Employee. Employee acknowledges that this Agreement provides for payments and benefits not contemplated under the terms and conditions applicable to his employment. All lump sum and periodic payments and other benefits and distributions under this Agreement shall be subject to any withholding and employment taxes consistent with the character of the payments in accordance with law. Employee shall pay the income tax costs for all payments and benefits under this Agreement.
