Sale of Additional Notes. At any time on or before December 31, 2009, the Company may sell Additional Notes in one or more Subsequent Closings in the aggregate principle amount of up to $6,000,000 (the "Maximum Amount") to either existing holders of the Notes (the "Existing Investors") or to new investors (the "New Investors"), in each case subject to the prior written approval of the Agent. As a condition to the sale of any Additional Note to a New Investor, the Company and New Investor will execute an Agreement to Join as a Party to the Convertible Secured Subordinated Note Purchase Agreement and Registration Rights Agreement, substantially in the form attached hereto as Exhibit A (the "Joinder Agreement"). Promptly after each such Subsequent Closing, the Company shall amend Schedule I to the Original Purchase Agreement, as hereby amended, and Schedule A to the Original Registration Rights Agreement, as hereby amended, to reflect the sale of any such Additional Notes without any action of the Holders or the parties thereto and shall distribute such revised schedules to the parties to such agreements.
Sale of Additional Notes. Substantially simultaneously with the Closing, the Company (i) may enter into one or more agreements (the “Other Agreements”) with one or more other Persons (the “Other Investors”) to purchase Notes, subject to the terms of the Indenture, in an aggregate principal amount that, together with the Investor’s Purchased Notes issued pursuant to this Agreement, is not less than $120,000,000 and (ii) issue additional Notes, subject to the terms of the Indenture, with one or more new Investors, so long as the purchase price for any such additional Notes is not less than $1,000 per $1,000 principal amount of Notes.
Sale of Additional Notes. After the Initial Closing and at any time before the Qualified Offering, the Company may sell, pursuant to the terms of this Agreement, up to the balance of the Aggregate Investment Amount that was not sold at the Initial Closing (the “Additional Notes”), to the Lenders or other qualified investors (the “Additional Lenders” and each such closing, an “Additional Closing”) upon the execution by such Additional Lenders of a counterpart signature page hereto. Any notes issued and sold pursuant to this Section 4.2 shall be deemed to be “Notes” for all purposes under this Agreement and any Additional Lenders thereof shall be deemed to be “Lenders” for all purposes under this Agreement. The purchase and sale of the Additional Notes shall take place remotely via the exchange of documents and signatures, at a date, time and place as the Company and the Lenders purchasing Additional Notes to be sold agree upon, orally or in writing (which time and place are designated as the “Additional Closing”).
Sale of Additional Notes. Substantially simultaneously with the Closing, the Company may issue additional Notes pursuant to one or more agreements (the “Other Agreements”), subject to the terms of the Indenture, with one or more other investors (the “Other Investors”), so long as the purchase price for any such additional Notes is not less than $1,000 per $1,000 principal amount of Notes.
Sale of Additional Notes. After the Initial Closing, the Company may sell, on the same terms and conditions as those contained in this Agreement, additional Notes to one or more purchasers reasonably acceptable to the Company (the “Additional Purchasers”) at one or more additional Closings (each, an “Additional Closing”), provided that (i) such subsequent sale is consummated by September 30, 2018 (or such later date as may be approved by the Company in its sole discretion), (ii) each Additional Purchaser shall become a party to this Agreement by delivering a counterpart signature page to this Agreement, and (iii) the aggregate maximum principal amount of the Notes sold at the Initial Closing and the Additional Closings shall not exceed $1,000,000. Exhibit A shall be updated to reflect the additional Notes purchased at each such Additional Closing and the parties purchasing such additional Notes.
Sale of Additional Notes. After the Closing Date, the Company may sell and issue at a subsequent closing, at any time prior to November 2, 2010, on the same terms and conditions as those contained in this Agreement, an aggregate of $750,000 in additional principal amount of Notes, provided that the aggregate amount for all Buyers together shall not exceed $11,800,000.”
Sale of Additional Notes. (a) That the first Whereas clause in the Purchase Agreement be amended to replace the phrase “up to $2,000,000” with the phrase “up to $3,000,000.”
Sale of Additional Notes. (a) The Company may obtain Commitments from one or more additional Purchasers (each an “Additional Purchaser”) to purchase, on the same terms and conditions as those contained in this Agreement, additional Notes (the “Additional Notes”), up to an aggregate principal amount of $5,000,000 for a period of up to 180 days following the date of this Agreement. The terms and conditions of such Commitments, and any Additional Notes purchased by Additional Purchasers, shall be substantially the same as the terms and conditions the Commitment provided by the Lead Purchaser and the Notes purchased by the Lead Purchaser. The Company may use the proceeds of the sale of the Additional Notes to fund the general corporate purposes of the Company including working capital and capital investment. Exhibit A shall be amended to reflect any Commitment provided by an Additional Purchaser.
Sale of Additional Notes. In the event that the Company shall issue or sell any Additional Notes and, in connection therewith, shall issue any Additional Warrants, the aggregate number of shares of Common Stock thereafter issuable upon the exercise of the Warrants then outstanding shall equal (i) the product obtained by multiplying the Series No. 1 Note Ratio by the Incremental Warrant Shares, minus (ii) the number of shares of Underlying Common Stock, if any, that have theretofore been issued upon exercise of Warrants; provided, however, that no adjustment pursuant to this subsection (c) shall reduce the number of shares issuable upon exercise of a Warrant.
Sale of Additional Notes. After the Closing, the Company may sell, on the same terms and conditions as those contained in this Agreement (as amended from time to time), up to $5,000,000 in additional Notes to the Investors. Any such additional Notes shall be included within the definition of “Notes” and “Closing Securities” under this Agreement, any shares of Common Stock issuable upon conversion of any such additional Notes shall be included within the definition of “Note Shares” under this Agreement, and any amendment to this Agreement to further consummate the sale of any such additional Notes shall be included within the definition of “Transaction Documents” under this Agreement. Any such additional Notes shall be substantially in the form of the senior secured convertible notes attached hereto as Exhibit A, with such updates to the “Issuance Date”, “Maturity Date”, “First Five Year Note Period” and other terms as shall be reasonably necessary in the Company’s and the Investors’ discretion.”
