Sale and Issuance of the Securities. (a) Prior to the Closing (as defined below), the Company shall have authorized (i) the sale and issuance to the Investors of the American Depositary Shares (each an “ADS” and, collectively, the “ADSs”, and such Ordinary Shares (as defined below) represented by the ADSs, the “Shares”), each representing four hundred (400) ordinary shares of the Company, par value NIS 0.01 per share (the “Ordinary Shares”), issued pursuant to the Deposit Agreement, dated as of December 26, 2012, among the Company, The Bank of New York Mellon, as Depositary (the “Depositary”) and the owners and holders of ADSs from time to time, as such agreement may be amended or supplemented, (ii) the sale and issuance to the Investors of the Warrants (as defined below), and (iii) the issuance of the ADSs (the “Warrant ADSs”) upon exercise of the Warrants, and the Ordinary Shares represented by the ADSs issuable upon exercise of the Warrants (the “Warrant Shares”). The “
Sale and Issuance of the Securities. (a) Subject to the terms and conditions of this Agreement, the Investor agrees to purchase at the closing (the “Closing”), and the Company agrees to issue and sell to the Investor at the Closing, the Initial Securities for an aggregate purchase price of $4,100,000 (the “Purchase Price”).
Sale and Issuance of the Securities. The Company agrees to sell and the Investors agrees to purchase from the Company: (a) 145,700 shares of the Preferred Stock, and (b) two (2) Warrants, for an aggregate purchase price of $2,000,000 at the Closing (as hereinafter defined).
Sale and Issuance of the Securities. (a) The Company shall adopt and file with the Secretary of State of Delaware prior to the Closing (as defined below), the Certificate of Designation of Preferences, Rights and Limitations of Series A Convertible Preferred Stock (the “Certificate of Designation”) in the form attached hereto as Exhibit A.
Sale and Issuance of the Securities. Subject to the terms and conditions set forth in this Agreement, the Company will issue and sell to the Purchasers and the Purchasers will buy from the Company the Securities at a per share purchase price of $0.20.
Sale and Issuance of the Securities. Subject to the terms and conditions on the basis of the representations, warranties and covenants hereinafter set forth of this Agreement, the Investor agrees to purchase, and the Company agrees to sell and issue to the Investor, the Securities at the Closing for an aggregate purchase price of $5,000,000 in cash.
Sale and Issuance of the Securities. Subject to the terms and conditions of this Agreement, the Purchaser agrees to purchase at the Closings, and the Company agrees to sell and issue to the Purchaser at the Closings, a Debenture and a Warrant in the principal amounts and for the numbers of shares of Common Stock, respectively, as set forth opposite the Purchaser's name on Schedule A attached hereto for the purchase price as is set forth on Schedule A attached hereto; provided, however, that the obligation of the Purchaser to purchase the Securities to be purchased by it hereunder at the Second Closing and the Third Closing is conditioned upon the closing bid price of the Common Stock not being below $0.50 for three consecutive days on which the Nasdaq Stock Market is open for trading subsequent to the Initial Closing.
Sale and Issuance of the Securities. Subject to the terms and conditions of this Agreement, the Investor agrees to purchase at the closing (the “Closing”), and the Company agrees to issue and sell to the Investor at the Closing, the Securities for an aggregate purchase price of $12,500,000 (the “Purchase Price”).
Sale and Issuance of the Securities. (a) Prior to the Closing (as defined below), the Company shall adopt and file the Restated Articles of Incorporation in the form attached hereto as Exhibit A (the "Restated Articles") with the Secretary of State of the State of California.
Sale and Issuance of the Securities. 11 2.3 CLOSINGS..........................................................11
