Securities Purchase Agreements. 17. Securities Purchase Agreement dated as of August 23, 2006 entered into by and between the Borrower and the Lender;
Securities Purchase Agreements. This Agreement is made and accepted subject to all of the terms, provisions and conditions of the Securities Purchase Agreements. In the event of a conflict between the terms, provisions and conditions of this Agreement and the terms, provisions and conditions of the Securities Purchase Agreements (including as to any matter that is addressed in the Securities Purchase Agreements and not in this Agreement), the terms, provisions and conditions of the Securities Purchase Agreements shall take precedence.
Securities Purchase Agreements. (i) SIBL, SFG and the Company hereby consent and agree to terminate that certain Series E Preferred Stock Purchase Agreement, dated as of March 29, 2005, by and between the Company, SIBL and SFG, in its entirety, including Section 11 thereof, (ii) SVCH, on behalf of itself and the Stanford Assignees (as defined below), DiGenova and the Company hereby consent and agree to terminate that cexxxxx Xxries D Preferred Stock Purchase and Warrant Exercise Agreement, dated as of January 31, 2003, by and among the Company, SVCH, DiGenova and the Stanford Assignees, in its entirety, including Sectiox 00 xxxreof, and SVCH represents and warrants that each Stanford Assignee has granted it the right, power and authority to terminate such agreement on his behalf, (iii) SVCH, DiGenova and the Company hereby consent and agree to terminate that cexxxxx Xxcurities Purchase Agreement, dated as of April 3, 2002, by and among the Company, SVCH and DiGenova, in its entirety, and (iv) the Company, each Stanford Party, xx xxxxxf of itself and its Affiliates and assignees, and DiGenova, on behalf of himself and his Affiliates, Immediate Family anx xxxxxxees, hereby consents and agrees to terminate any other securities purchase, subscription or similar Contract, including all its or his rights thereunder, in effect between any such Person and the Company (all of the foregoing agreements in this Section 2(c), collectively, each as Amended from time to time, the "Securities Purchase Agreements"). The Stanford Parties and DiGenova each agrees that the Company has no Liabilities in respect of xxx xx the Securities Purchase Agreements to it or him or its or his respective assignees or Affiliates. Each of the Stanford Parties and DiGenova hereby represents and warrants that it or he has not Transferxxx xx xssigned any rights under any of the Securities Purchase Agreements to any Person.
Securities Purchase Agreements. The term "Securities Purchase Agreements" shall mean the Series A Purchase Agreement, the Series A-1 Purchase Agreement, the Series B Purchase Agreement and the Series D Securities Purchase Agreement.
Securities Purchase Agreements. Each Securities Purchase Agreement has been duly authorized, executed and delivered by the Company and the Sponsor, and is a valid and binding agreement of the Company and the Sponsor, enforceable against the Company and the Sponsor in accordance with its terms except as the enforceability thereof may be limited by bankruptcy, insolvency, or similar laws affecting creditors’ rights generally from time to time in effect and by equitable principles of general applicability.
Securities Purchase Agreements. For the purpose of this Section 5, the term "Securities Purchase Agreements" means (i) this Agreement, (ii) the securities purchase agreement dated as of December 31, 2001 between the Company and The Stephen Adams Living Trust, and (iii) the Securities Purchase Agreemexx xxxxx xx xf January 31, 2002 between the Company and Arc Capital.
Securities Purchase Agreements. On or before the Closing Date, the Company shall have delivered to the Placement Agent executed copies of the Securities Purchase Agreements.
Securities Purchase Agreements. 1 Violations........................................................................................................ 12
Securities Purchase Agreements. Securities Purchase Agreements shall mean the Series D Purchase Agreement and the 2002 Series A Purchase Agreement.
Securities Purchase Agreements. Notwithstanding any other term or provision hereof, in the event that any provisions hereof contradict and are incapable of being construed in conjunction with the provisions of the Securities Purchase Agreement and the July 2007 Securities Purchase Agreement, the provisions of the Securities Purchase Agreement and the July 2007 Securities Purchase Agreement shall take precedence over those contained herein and, in particular, if any act of the Grantors is expressly permitted under the Securities Purchase Agreement and the July 2007 Securities Purchase Agreement but is prohibited hereunder, any such act shall be permitted hereunder and any encumbrance expressly permitted under the Securities Purchase Agreement and the July 2007 Securities Purchase Agreement to exist or to remain outstanding shall be permitted hereunder and thereunder. This instrument, document or agreement may be sold, assigned or transferred by the Agent in accordance with the terms of the Securities Purchase Agreement and the July 2007 Securities Purchase Agreement.
