Examples of 2009 Purchase Agreement in a sentence
Capitalized terms used herein without definition shall have the meanings given to them in the June 2009 Purchase Agreement.
Except as provided in the Partnership Agreement, this Agreement and the June 2009 Purchase Agreement supersede all prior agreements and understandings between the parties with respect to such subject matter.
It is without dispute in this case that the parties to the December 30, 2009, Purchase Agreement are nine individual doctors (“Sellers”) (all non-parties to this case), MVL (“Seller”) (a non-party to this case), and AVAMH (“Buyer”) (a non-party to this case).
Notwithstanding the foregoing, any purchaser of Series E Preferred Stock pursuant to the 2009 Purchase Agreement may become a party to this Agreement by executing and delivering an additional counterpart signature page to this Agreement and such purchaser shall be deemed a Holder and an Investor hereunder.
The undersigned Prior Investors who in the aggregate hold at least two-thirds of the outstanding Registrable Securities (as defined in the Prior Agreement) hereby waive on behalf of all Prior Investors any rights of participation or notice under Section 3 of this Agreement and the Prior Agreement with respect to the securities sold pursuant to the 2009 Purchase Agreement.
Except as amended herein, the June 2008 Purchase Agreement, the June 2008 Notes, the April 2009 Purchase Agreement, the April 2009 Notes, the April 2009 Consent Agreement, the July 2009 Notes, the July 2009 Registration Rights Agreement, the September 2009 Notes and the September 2009 Registration Rights Agreement shall remain in full force and effect.
By its execution below, Lighthouse waives any right of participation or notice under Section 3 of this Agreement and Section 3 of the Prior Agreement with respect to securities sold under the 2009 Purchase Agreement.
Defendant argues that the parties to this action agreed in a December 30, 2009, Purchase Agreement that venue for any dispute arising out of the agreement would be in St. Petersburg, Florida, which is in theMiddle District of Florida, and, further, that this action is due to be transferred to the Middle District of Florida on the basis of forum non conveniens.
Subject to the terms and conditions hereunder, each Holder waives the restrictions, if any, set forth in the 2009 Purchase Agreement and the 2009 Debentures with respect to the issuance of the Shares.
In the event Holder, individually and not jointly, fails to make any payment of its share of a Draw Down pursuant to the terms and conditions of 2.1(b) of the Purchase Agreement or the 2009 Purchase Agreement (a “Draw Down Default”), then upon written notice of such Draw Down Default from the Company, the Holder shall have 5 Trading Days to cure such Draw Down Default (“Draw Down Default Cure Period”).