The Issuance. The Company intends to issue to the Investors in a private placement 4,577,464 shares of Common Stock (the “Purchased Common Shares”); 650 shares of its Series A Cumulative Redeemable Preferred Stock (the “Series A Shares”) having the rights, preferences and privileges set forth in the Second Amended and Restated Series A Certificate of Designations attached as Annex A hereto (the “Series A Certificate”); and warrants to purchase 4,577,464 shares of its Common Stock at an exercise price of $1.42 per share (the “Warrants” and, together with the Purchased Common Shares and the Series A Shares, the “Purchased Securities”) in the form attached as Annex B hereto, and the Investors intend to purchase from the Company the Purchased Securities.
The Issuance. The Company intends to issue in a private placement 30,000 shares of its 10% Cumulative Perpetual Preferred Stock, Series A (the “Preferred Shares”) and a warrant to purchase 134,831,460 shares of its Common Stock (the “Warrant” and, together with the Preferred Shares, the “Purchased Securities”) and the Investor intends to purchase from the Company the Purchased Securities.
The Issuance. The Company intends to issue Common Shares in a private placement (the “Offering”), and the Investor intends to purchase from the Company the number of Common Shares indicated on the signature page hereof (collectively, the “Purchased Securities”). For purposes of this Agreement, the term “Transaction Documents” refers collectively to this Agreement and any other documents, agreements and instruments delivered in connection herewith (including prior to the date hereof), in each case, as amended, modified or supplemented from time to time in accordance with their respective terms, including the Private Placement Memorandum, dated September 26, 2008, provided to the Investor (the “Memorandum”).
The Issuance. The Company intends to issue to the Investors in a private placement 2,180,233 shares of Common Stock (the “Purchased Securities”), and the Investors intend to purchase from the Company the Purchased Securities.
The Issuance. The Company intends to issue in a private placement, and the Investors intend to purchase from the Company, 18,333,334 shares of Common Stock in the aggregate, to be allocated among the Investors in the amounts set forth in Schedule 1.1 to this Agreement. The shares of Common Stock to be purchased by the Investors are herein called the “Purchased Securities”. For purposes of this Agreement, the term “Transaction Documents” refers collectively to this Agreement and the Registration Rights Agreement (as hereinafter defined), in each case as amended, modified or supplemented from time to time in accordance with their respective terms.
The Issuance. The Company desires to issue and sell and the Investor desires to purchase Contingent Convertible Promissory Notes of the Company in an aggregate principal amount of Three Hundred Million Dollars ($300,000,000) with terms as described in Annex A and Annex B hereto (as amended or otherwise modified from time to time, together with any promissory note or notes issued in exchange therefor or in substitution thereof, the “Notes”).
The Issuance. In connection with the Offering, the Company intends to issue to the Investors in a private placement that number of shares of Common Stock that, inclusive of the warrants to purchase 5,114,633 shares of Common Stock held by the Investors in the aggregate, equals 19.9% of the outstanding Common Stock immediately following the closing of the Offering, or approximately 2,029,400 shares of Common Stock (such aggregate number of shares, the “Target Purchase Amount”), subject to adjustment as set forth in Section 1.1 (such aggregate number of shares, as adjusted, the “Purchased Securities”), and the Investors intend to purchase from the Company the Purchased Securities. AGREEMENTS
The Issuance. In connection with the Acquisition, the Company intends to issue in a private placement 6,000 shares of the Company’s Preferred Shares, Series A with the terms set forth in the Articles Amendment (as defined below) (the “Series A Preferred Shares”) and a warrant to purchase 23,076,923 Class A Common Shares (the “Warrant” and, together with the Series A Preferred Shares, the “Purchased Securities”) and the Investor intends to purchase from the Company the Purchased Securities.
The Issuance. The Company intends to issue, in a private placement of two equal tranches, an aggregate total of 200,000 shares of its 12% Cumulative Preferred Stock–Series A (the “Purchased Shares”) and the Investors intend to purchase from the Company the Purchased Shares.
The Issuance. In connection with the Cooperation Agreement, the Company intends to issue in a private placement 2,269,447 shares of Common Stock (the “Common Shares”) and a warrant to purchase 3,950,000 shares of Common Stock (the “Warrant” and, together with the Common Shares, the “Purchased Securities”) and the Investor intends to purchase from the Company the Purchased Securities.