Common use of Sale and Purchase of Preferred Stock Clause in Contracts

Sale and Purchase of Preferred Stock. (a) The Company agrees to sell to the Purchaser and, subject to the terms and conditions hereof and in reliance upon the representations and warranties of the Company contained herein or made pursuant hereto, the Purchaser agrees to purchase from the Company at the Closing provided for in Section 2 hereof, the number of shares of Series 2 Convertible Preferred Stock set forth opposite the Purchaser's name on Schedule 1 hereto. The shares of Series 2 Convertible Preferred Stock being acquired under this Agreement and by the other Purchasers under the other Stock Purchase Agreements (as hereinafter defined) are collectively referred to herein as the "Shares", containing rights and privileges as more fully set forth in the Series 2 Certificate of Designations of the Company in the form attached hereto as Exhibit A (the "Series 2 Certificate of Designations").

Appears in 5 contracts

Samples: Stock Purchase Agreement (Fleming Robert Inc / Da), Stock Purchase Agreement (Impax Laboratories Inc), Stock Purchase Agreement (Impax Laboratories Inc)

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Sale and Purchase of Preferred Stock. (a) The Company agrees to sell to the Purchaser and, subject to the terms and conditions hereof and in reliance upon the representations and warranties of the Company contained herein or made pursuant hereto, the Purchaser agrees to purchase from the Company at on the Closing provided for Date specified in Section 2 hereof, the number of shares of Series 2 Convertible A Preferred Stock set forth opposite the Purchaser's name on Schedule 1 hereto. The shares of Series 2 Convertible A Preferred Stock being acquired under this Agreement and by the other Purchasers under the other Stock Purchase Agreements (as hereinafter defined) are collectively referred to herein as the "Shares", containing rights and privileges as more fully set forth in the Series 2 Certificate of Designations Articles Supplementary of the Company in the form attached hereto as Exhibit A (the "Series 2 Certificate of DesignationsArticles Supplementary").

Appears in 3 contracts

Samples: Preferred Stock Purchase Agreement (Caliber Learning Network Inc), Preferred Stock Purchase Agreement (Caliber Learning Network Inc), Preferred Stock Purchase Agreement (Caliber Learning Network Inc)

Sale and Purchase of Preferred Stock. (a) The Company agrees to sell to the Purchaser and, subject to the terms and conditions hereof and in reliance upon the representations and warranties of the Company contained herein or made pursuant hereto, the Purchaser agrees to purchase from the Company at the Closing provided for in Section 2 hereof, the number of shares of Series 2 A Convertible Preferred Stock set forth opposite the Purchaser's name on Schedule 1 hereto. The shares of Series 2 A Convertible Preferred Stock being acquired under this Agreement and by the other Purchasers Purchaser under the other Stock Purchase Agreements Agreement (as hereinafter defined) are collectively referred to herein as the "Shares", containing rights and privileges as more fully set forth in the Series 2 Certificate of Designations Amendment of the Certificate of Incorporation of the Company in the form attached hereto as Exhibit A (the "Series 2 Certificate of DesignationsAmendment").

Appears in 2 contracts

Samples: Stock Purchase Agreement (Hudson Technologies Inc /Ny), Stock Purchase Agreement (Hudson Technologies Inc /Ny)

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Sale and Purchase of Preferred Stock. (a) The Company agrees to sell to the Purchaser and, subject to the terms and conditions hereof and in reliance upon the representations and warranties of the Company contained herein or made pursuant hereto, the Purchaser agrees to purchase from the Company at on the Closing provided for Date specified in Section 2 hereof, the number of shares of Series 2 A Convertible Preferred Stock set forth opposite the Purchaser's name on Schedule 1 hereto. The shares of Series 2 A Convertible Preferred Stock being acquired under this Agreement and by the other Purchasers Purchaser under the other Stock Purchase Agreements Agreement (as hereinafter defined) are collectively referred to herein as the "Shares", containing rights and privileges as more fully set forth in ------- the Series 2 Certificate of Designations of the Company in the form attached hereto as Exhibit A (the "Series 2 Certificate of Designations").. ----------------------------

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Four Media Co)

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