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 50,000 shares of its 10% Cumulative Perpetual Preferred Stock, Series G (the “Preferred Shares”) and a warrant to purchase 43,478,260 shares of its Voting 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 to the Investors in a private placement 6,000 shares of its Series A Cumulative Redeemable Preferred Stock (the “Series A Shares”) having the rights, preferences and privileges set forth in the Series A Certificate of Designations attached as Annex A hereto (the “Series A Certificate”); 190,476.19 shares of its Series B Voting Preferred Stock (the “Series B Shares” and, together with the Series A Shares, the “Preferred Shares”) having the rights, preferences and privileges set forth in the Series B Certificate of Designations attached as Annex B hereto (the “Series B Certificate” and, together with the Series A Certificate, the “Certificates of Designations”); and warrants to purchase 19,047,619 shares of its Common Stock at an exercise price of $3.15 per share (the “Warrants” and, together with the Preferred Shares, the “Purchased Securities”) in the form attached as Annex C hereto, and the Investors intend to purchase from the Company the Purchased Securities.
The Issuance. The Company intends to issue to the Investors in a private placement 3,076,923 shares of Common Stock (the “Purchased Common Shares”); 600 shares of its Series A Cumulative Redeemable Preferred Stock (the “Series A Shares”) having the rights, preferences and privileges set forth in the Amended and Restated Series A Certificate of Designations attached as Annex A hereto (the “Series A Certificate”); and warrants to purchase 3,076,923 shares of its Common Stock at an exercise price of $1.95 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 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 Acquisition, the Company intends to issue in a private placement 100,000 shares of the Company’s Cumulative Perpetual Preferred Stock, Series A (the “Preferred Shares”) and a warrant to purchase 80,000,000 shares of 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 up to 43,797 shares of Common Shares at a price of $3.00 per share 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.
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. (a) The Company may, not later than 30 days after February 4, 2011, consummate the offering and issuance of the New Senior Notes (the “Issuance”).
