Sale and Issuance of Series A Convertible Preferred Stock. (a) The Company has file with the Secretary of State of the State of New Jersey on March 8, 2001, an amendment to the Restated and Amended Certificate of Incorporation (the "March 8,2001 Amendment") and shall file an additional amendment with the Secretary of State of the State of New Jersey on or before the Closing (the March 8, 2001 Amendment, together with the amendment to be filed, the "Restated Certificate"). The Restated Certificate is attached hereto as Exhibit B.
Sale and Issuance of Series A Convertible Preferred Stock. Subject to the terms and conditions of this Agreement, each of the Investors agrees to purchase at the Closing, and the Company agrees to sell and issue to each of the investors at the Closing, severally and not jointly, against cash payment, the number of shares of Series A Convertible Preferred Stock (the "Series A Preferred Shares") of the Company set forth opposite each Investor's name in Exhibit 1 to this Agreement at a purchase price of $4.00 per share.
Sale and Issuance of Series A Convertible Preferred Stock. Subject to the terms and conditions of this Agreement, Investor hereby agrees to purchase, and the Company hereby agrees to sell and issue to Investor against cash payment, the number of shares of Series A Convertible Preferred Stock (the "Series A Preferred Shares") of the Company set forth opposite its name in Exhibit 1 to this Agreement at a purchase price of $4.00 per share. The Series A Preferred Shares shall pay a six percent (6%) dividend payable as set forth in the Designation of Rights and Preferences of Series A
Sale and Issuance of Series A Convertible Preferred Stock. Subject to the terms of this Agreement, the Purchaser hereby purchases and the Company hereby sells and issues to the Purchaser ____________ shares of the Series A Convertible Preferred Stock, par value $0.01 per share (the “Preferred Stock”), of the Company at a purchase price per share of $10.00 (the “Price Per Share”). The shares of Preferred Stock issued to the Purchaser pursuant to this Agreement shall be referred to in this Agreement as the “Shares”.
Sale and Issuance of Series A Convertible Preferred Stock. (a) The Company shall adopt and file with the Secretary of State of Delaware on or before the First Tranche Closing (as defined below) the Amended and Restated Certificate of Incorporation in the form attached hereto as Exhibit A (respectively, the "Restated Certificate").
Sale and Issuance of Series A Convertible Preferred Stock. (a) The Company shall adopt and file with the Secretary of State of the State of Tennessee on or before the Closing (as defined below) an Amended and Restated Charter in the form attached hereto as Exhibit A (the "Restated Charter").
Sale and Issuance of Series A Convertible Preferred Stock. (a) The Company shall adopt and file with the Secretary of State of Colorado on or before the Closing (as defined below) the Certificate of Designation, Preferences and Rights of Series A Convertible Preferred Stock in the form attached hereto as Schedule B (the "Certificate").
Sale and Issuance of Series A Convertible Preferred Stock. (a) On or before the Closing (as defined below), the Company shall adopt and file with the Secretary of State of the State of Oklahoma, the Certificate of Designation of Series A Convertible Preferred Stock concerning the Series A Convertible Preferred Stock, $0.01 par value, of the Company (the "Series A Preferred Stock"), substantially in the form attached hereto as Exhibit A (the "Certificate of Designation").
Sale and Issuance of Series A Convertible Preferred Stock. (a) Subject to the terms and conditions of this Agreement, in exchange for the Purchase Price, the Company hereby issues to the Purchaser the Shares.
Sale and Issuance of Series A Convertible Preferred Stock. (a) The Company shall adopt and file with the Secretary of State of the State of New Jersey on or before the Closing (as defined below) an amendment to the Restated and Amended Certificate of Incorporation, as amended (the "Restated Certificate"), in the form attached hereto as Exhibit B.
