Sale of Shares and Warrants. In reliance upon the Purchasers' representations and warranties contained in Section 4 hereof and subject to the terms and conditions set forth herein, the Company hereby agrees to sell to each Purchaser, at a price per Unit of $2.00, the aggregate number of Shares and Warrants set forth below such Purchaser's signature on such Purchaser's signature page hereto. The total amount of common stock of the Company (the "Common Stock") and other securities issuable upon conversion of the Shares and the Warrant Shares is hereinafter referred to as the "Conversion Stock." The Shares, Warrants, Warrant Shares and the Conversion Stock are hereinafter collectively referred to as the "Securities."
Sale of Shares and Warrants. Subject to the terms and conditions of this Agreement, at the Closing the Company will sell and issue to each of the Purchasers, and each of the Purchasers will purchase from the Company, (i) the number of shares of Series C Preferred set forth opposite such Purchaser’s name on Exhibit A for the purchase price of $0.4481 per share (the “Purchase Price”) such number of shares to be determined by rounding down any fractional shares to the nearest whole number; and (ii) a warrant, substantially in the form attached hereto as Exhibit C (a “Warrant”), to purchase its pro rata portion of an aggregate of 479,967 shares of common stock, par value $0.01 per share of the Company (the “Common Stock”), such pro rata portion will be determined according to such Purchaser’s percentage of participation in the Closing as defined in Section 2 hereof. The shares of Series C Preferred sold under this Agreement are referred to as the “Shares.” The Company’s agreement with each of the Purchasers is a separate agreement, and the sale of Shares to each of the Purchasers is a separate sale.
Sale of Shares and Warrants. Subject to the terms and conditions of the Agreement, the Company agrees to issue and sell to each Purchaser and each Purchaser severally agrees to purchase from the Company the number of Shares set forth in the Agreement. In addition, each Purchaser shall receive a Warrant to purchase up to 50 Shares of Common Stock for each Share purchased hereunder. The Warrants shall be exercisable until September __, 2000 and shall have a purchase price of $1.50 per Share.
Sale of Shares and Warrants. Subject to the terms and conditions of this Agreement, at the Closing (as defined below), the Company will sell and issue to each Purchaser, and each Purchaser agrees, severally and not jointly, to purchase from the Company, (i) the number of shares of Series E Preferred Stock set forth opposite such Purchaser’s name on Attachment 1 and (ii) one or more Series A Warrant to purchase that number of shares of Series A Preferred Stock set forth opposite each Purchaser’s name on Attachment 1, for an aggregate purchase price of $1.461 per share of Series E Preferred Stock and related warrant, payable in cash by wire transfer to an account designated by the Company. The Series A Warrant shall be in the form and substance of Exhibit B attached to this Agreement and shall provide for an exercise price of $0.01 per share of the Series A Preferred Stock, subject to adjustment as provided therein. The Shares, the Series A Warrants, the Series A Warrant Shares and the Conversion Shares shall be referred to collectively in this Agreement as the “Securities.”
Sale of Shares and Warrants. Each Seller agrees to sell, transfer and deliver the Shares and the Warrants set forth opposite such Seller’s name on Schedule A to Buyer, and Buyer agrees to purchase all such Shares and Warrants.
Sale of Shares and Warrants. Subject to the terms and conditions of this Agreement and the Stock Purchase Agreement, the Company shall issue and sell to each Primus Investor, and each Primus Investor shall purchase from the Company, the number of Shares and Warrants set forth opposite such Primus Investor's name on Schedule 1.2 hereto at a cash purchase price of $6.91 per Share and $0.25714 per Warrant. The purchase and sale of the Shares and Warrants shall take place at the offices of the Company at 2:00 p.m. on August 31, 1998, or at such other time, date (the "Closing Date") and place as the Company and the Primus Investors may otherwise agree.
Sale of Shares and Warrants. (a) Subject to the terms and conditions of this Agreement, the Investor agrees, severally, to purchase and the Company agrees to sell and issue to the Investor, Five Million Five Hundred Fifty-five Thousand Five Hundred and Fifty-five (5,555,555) shares of the Company's Common Stock at the per share purchase price of the Common Stock of $0.09 per share for an aggregate purchase price of $499,999.95 (the "Purchase Price").
Sale of Shares and Warrants. (a) Upon the terms and subject to the conditions set forth in this Agreement, at the Closing, Seller shall sell to each Buyer the applicable shares of common stock of the Company (collectively, the “Shares”) and warrants to purchase additional shares of common stock of the Company (collectively, the “Warrants”) set forth on Exhibit A hereto (such sales of Shares and Warrants, collectively, the “Sales”).
Sale of Shares and Warrants. 2.1 Subject to the terms of this Agreement, each Vendor separately and independently and not jointly and severally shall sell with full title guarantee and, notwithstanding any limitation otherwise implied by the Law of Property (Miscellaneous Provisions) Xxx 0000, free from all Encumbrances the number of Ordinary Shares, A Preferred Shares and B Preferred Shares set opposite that Vendor’s name in Column 2 of Schedule 1 and the Purchaser shall purchase the Ordinary Shares, A Preferred Shares and B Preferred Shares from the respective Vendors and together with all rights attaching to them at the date of this Agreement (including the right to receive all dividends and distributions declared, paid or made after that date).
Sale of Shares and Warrants. Neither the Company nor anyone acting on its behalf has, directly or indirectly, offered any of the Shares or Warrants or any security similar to the Shares and Warrants for sale to, or solicited any offers to buy any of the Shares and Warrants or any security similar to the Shares or Warrants from, or otherwise approached or negotiated with respect thereto with, any Persons other than the Investor and neither the Company, nor any one acting on its behalf has taken or will take any action which would subject the issuance or sale of the Shares or Warrants to the provisions of Section 5 of the Securities Act of 1933, as amended, or violate the provision of any securities or Blue Sky laws of any applicable jurisdiction.
