The Warrants. The Warrants shall have the terms and conditions and be in the form attached hereto as Exhibit B.
The Warrants. Subject to the terms and conditions of this Agreement, the Investor agrees to purchase and the Company agrees to issue to the Investor at the Closing a Warrant in the form of Exhibit A to purchase 2,500,000 shares of Common Stock of the Company exercisable at $0.05 per share. The securities for which the Warrants are exercisable into are referred to as the “Warrant Common”.
The Warrants. 3.1 Each whole Warrant will entitle the holder, on exercise, to purchase one Warrant Share at a price of $0.25 for a two year period following the Closing.
The Warrants. Subject to the terms and conditions of this Agreement, the Company hereby issues and delivers to the Warrantholder a warrant, substantially in the form of Exhibit A hereto, to purchase 328,084 shares of fully paid and nonassessable Common Stock at a price per share equal to $19.05 (the "EXERCISE PRICE").
The Warrants. The Company has also authorized the issuance and sale to the Purchasers and others of the Company's Common Stock Purchase Warrants for the purchase (subject to adjustment as provided therein) of an aggregate of 666,667 shares of the Company's Common Stock, $.01 par value (the "Common Stock"). The Warrants shall be substantially in the form set forth in Exhibit B hereto and are herein referred to individually as a "Warrant" and collectively as the "Warrants," which terms shall also include any warrants delivered in exchange or replacement therefor.
The Warrants. The Warrants to be issued and sold by the Company hereunder, when executed and delivered pursuant to the terms of this Agreement, will be duly authorized, executed and delivered by the Company and will conform to the descriptions thereof in the Registration Statement, the Pricing Disclosure Package and the Prospectus.
The Warrants. The number of Warrants to be issued shall equal one-half of (i) the principal amount of the Convertible Debentures issued at Closing divided by (ii) the Market Price on the Trading Day immediately prior to the Closing Date. The exercise price of such Warrants shall be 115% of the closing bid price for the Common Stock on the Principal Market on the Trading Day immediately prior to the Closing Date. Two-thirds of the Warrants shall be immediately exercisable upon issuance. The remaining one-third of each Lender's Warrants shall only become exercisable if the Convertible Debentures have not been redeemed in accordance with their terms on or before the 100th day after the Closing Date.
The Warrants. In consideration for the purchase by the Purchasers of the Notes, the Company will issue to each Purchaser a Warrant to purchase up to such Purchaser’s applicable shares of Common Stock, subject to the terms and conditions set forth in the Warrants.
The Warrants. The Subscriber acknowledges that as part of the Offering the Company will issue two different Warrants depending on the status of the Investor. The Warrants will be exactly the same, except that if the Investor is an Affiliated Purchaser (as defined below) as of the Closing Date, the Warrants issued to such Affiliated Investor, if any, will provide that the Affiliated Purchaser may exercise the Warrant on a cashless basis using the formula contained therein. If an Investor is not an Affiliate Purchaser the Warrant issued to such Investor of the Company will be exercisable only through the payment of cash for the Shares purchased. For purposes hereof, the term “Affiliated Purchaser” means any person who is an officer, director or holder of 10% or more of the Company’s issued and outstanding securities as of the Closing Date. ALL INVESTORS PLEASE INITIAL___________
The Warrants. On the Closing Date, each of the MassMutual Investors agree to purchase from the Company at the purchase price set forth beneath the name of such Purchaser on the signature page of this Agreement and the Company agrees to issue to the MassMutual Investors, a warrant in substantially the form attached to this Agreement as Annex A-1 and incorporated in this Agreement by reference to purchase (a) the number of shares of Series D Convertible Preferred Stock set forth beneath the name of such MassMutual Investor on the signature page of this Agreement, plus (b) upon the exercise of the Contingent Options, the number of shares of Common Stock equal to the Contingent Options Adjustment Number, plus (c) upon the occurrence of an event described in Section 2.12 of this Agreement, the number of shares of Series D Convertible Preferred Stock or Common Stock provided for therein, as such number of shares purchasable under such Warrant shall be adjusted from time to time pursuant to the provisions of this Agreement, all in accordance with the terms and conditions of this Agreement (the warrants referred to in this sentence are hereinafter referred to as the “2001 MassMutual Investors Warrants”). On the Closing Date, RSTW agrees to purchase from the Company at the purchase price set forth beneath the name of RSTW on the signature page of this Agreement and the Company agrees to issue to RSTW, a warrant in substantially the form attached to this Agreement as Annex A and incorporated in this Agreement by reference to purchase (a) the number of shares of Series D Convertible Preferred Stock set forth beneath the name of RSTW as the number of warrant shares pertaining to the 2001 RSTW New Warrant on the signature page of this Agreement, plus (b) upon the exercise of the Contingent Options, the number of shares of Common Stock equal to the Contingent Options Adjustment Number, plus (c) upon the occurrence of an event described in Section 2.12 of this Agreement, the number of shares of Series D Convertible Preferred Stock or Common Stock provided for therein, as such number of shares purchasable under such Warrant shall be adjusted from time to time pursuant to the provisions of this Agreement, all in accordance with the terms and conditions of this Agreement (the warrant referred to in this sentence is hereinafter referred to as the “2001 RSTW New Warrants”). On the Original Closing Date, RSTW purchased from AMHC at the purchase price of One Hundred Dollars ($100), and AMHC ...
