Examples of 2004 Purchase Agreement in a sentence
The limited waiver set forth in Section 1 above is not, and shall not be deemed to be, a waiver of the provisions of Section 2(f) of the 2004 Notes, Section 9 of the 2004 Warrants and Section 4(n) of the 2004 Purchase Agreement except and only to the extent expressly provided in Section 1 hereof, nor a waiver of any other conditions, requirements or provisions of any of the 2004 Notes, the 2004 Warrants, the 2004 Purchase Agreement or any other agreement or instrument.
Following the Initial Closing, the Company shall require all purchasers (other than purchasers under the 2004 Purchase Agreement) from the Company of shares of Common Stock who, following such purchase, shall hold greater than 1 % of Common Stock (calculated on a fully-diluted basis), to agree to the terms and conditions set forth in the attached Exhibit 2.6.
Respondent also disputes the hearing judge’s finding that Respondent drafted both the 20 March 2002 Promissory Note for the La Mesa loan made by Zokaites and the Addendum to the 2004 Purchase Agreement.
At the hearing, counsel for the Black & Decker defendants presented excerpts from the 2004 Purchase Agreement (PA) between Black & Decker Corp.
The following schedules are the Disclosure Schedules to the Securities Purchase Agreement dated December 14, 2004 ("Purchase Agreement") by and between Mace Security International, Inc and each Purchaser identified on thx xxgnature pages hereto.
Corcoran’s statements at the hearing that he wanted to waive his appeals; and (5) evidence that Corcoran was aware of his legal position and the consequences of his decision, such as his own testimony at the hearing as well as expert testimony that he was cognizant of his sentence and the appeals process.
Thus, we do not consider Perdido’s contingency provisions argument.To the extent Perdido challenges the district court’s rejection of its arguments on summary judgment, we agree with the district court that the May 2004 Purchase Agreement expired on September 10, 2004, and is not valid for purposes of this action, and that Perdido failed to demonstrate Swervo breached a contract as it failed to demonstrate a contract existed.
Pursuant to the 2004 Purchase Agreement, the Company offered to sell to the investors a total of 1,369,704 “units” of the Company’s securities at a price of $12.595 per unit.
Except as set forth under the corresponding section of the disclosure schedules attached to the Purchase Agreement and the Security Agreement and except as set forth on Schedule 9 attached hereto, if any, all representations and warranties of the Company contained in the November 2004 Purchase Agreement were true and correct when made and remain true and correct as of the date hereof, as though made at and as of the date hereof.
Perdido asserts this alternative closing date shows the May 2004 Purchase Agreement did not expire on September 10, 2004.Perdido did not raise the contingency provisions argument in the district court, however.