Grant and Period. The Public Offering has been registered under a Registration Statement on Form SB-2 (File No. 333-38597) (the "Registration Statement") and declared effective by the Securities and Exchange Commission (the "SEC" or "Commission") on _______________, 1998 (the "Effective Date"). This Agreement, relating to the purchase of the Warrants, is entered into pursuant to the Underwriting Agreement between the Company and the Representative, as representative of the Underwriters, in connection with the Public Offering. Pursuant to the Warrants, the Holders are hereby granted the right to purchase from the Company, at any time during the four year period commencing December 31, 1998 (one year from the Effective Date) (the "Purchase Date") and expiring at 5:00 New York time on _______________, 2003, (four years after the Purchase Date) (the "Expiration Time"), up to 120,000 Shares at an initial exercise price (subject to adjustment as provided in Article 8) of $6.00 per share (120% of the Common Stock IPO Price) (the "Share Exercise Price"), up to 240,000 Underlying Warrants consisting of 120,000 Series A Warrants at an initial exercise price (subject to adjustment as provided in Article 8) of $.15 per warrant (120% of the Warrant IPO Price) and 120,000 Series B Warrants at an initial exercise price (subject to adjustment as provided in Article 8) of $.075 per Warrant (120% of the Warrant IPO Price) (collectively, the "Underlying Warrant Exercise Price"), subject to the terms and conditions of this Agreement. Each Underlying Warrant is exercisable to purchase one Underlying Warrant Share at (subject to adjustment as provided in Article 8) at the IPO Warrant Price (the "Underlying Warrant Share Exercise Price") during the four year period commencing on the Purchase Date and ending on the Expiration Time. Except as specifically otherwise provided herein, the Shares, the Underlying Warrants and the Underlying Warrant Shares constituting the Warrant Securities shall bear the same terms and conditions as such securities described under the caption "Description of Securities" in the Registration Statement, and as designated in the Company's Certificate of Incorporation and any amendments thereto, and the Underlying Warrants shall be governed by the terms of the Warrant Agreement executed in connection with the Public Offering (the "Warrant Agreement"), except as provided herein, and the Holders shall have registration rights under the Securities Act of 1933, as amended (the ...
Grant and Period. The above recitals are true and correct. This Agreement is executed and delivered pursuant to the Convertible Note issued by the Company. Pursuant to this Agreement, the Warrant Holder is hereby granted the right to purchase from the Company, at any time during the period commencing on the date of this Agreement and ending on August 5, 2010 (the “Expiration Time”), 250,000 shares of the Company’s common stock, $.0001 par value (the “Shares” or “Warrant Securities”)) at an initial exercise price (subject to adjustment as provided in Article 8 hereof) of $.50 per share (the “Exercise Price” or “Purchase Price”), subject to the terms and conditions of this Agreement (the “Warrant”). Except as specifically otherwise provided herein, the Shares shall have the same terms and conditions as such securities are outstanding and as designated in the Company’s Certificate of Incorporation and any amendments thereto, and the Warrant Holder shall have registration rights under the Securities Act of 1933, as amended, covering the Warrant Securities, as more fully described in Section 7 of this Agreement.
Grant and Period. (a) The above recitals are true and correct. The Public Offering has been registered under a Registration Statement on Form S-1 (File No. 333-111435) and declared effective by the Securities and Exchange Commission (the "Commission") on , 2004 (the "Effective Date"). This Agreement, relating to the purchase of the Warrants, is entered into pursuant to the Underwriting Agreement between the Company and the Underwriter in connection with the Public Offering.
Grant and Period. The above recitals are true and correct. The Public Offering has been registered under a Registration Statement on Form SB-2 (File No. 333-86643) and declared effective by the Securities and Exchange Commission (the "SEC" or "Commission") on __________, 2000 (the "Effective Date"). This Agreement, relating to the purchase of the Warrants, is entered into pursuant to the Underwriting Agreement between the Company and the Managing Underwriter in connection with the Public Offering. Pursuant to the Warrants, the Holders are hereby granted the right to purchase from the Company, at any time during the period commencing on the Effective Date and expiring five (5) years thereafter (the "Expiration Time"), up to 100,000 Shares at an initial exercise price (subject to adjustment as provided in Article 8 hereof) of $9.00 per share (150% of the public offering price) (the "Exercise Price" or "Purchase Price"), subject to the terms and conditions of this Agreement. Except as specifically otherwise provided herein, the Shares constituting the Warrant Securities shall bear the same terms and conditions as such securities described under the caption "Description of Securities" in the Registration Statement, and as designated in the Company's Articles of Incorporation and any amendments thereto, and the Holders shall have registration rights under the Securities Act of 1933, as amended (the "Act"), for the Warrants and the Shares, as more fully described in paragraph seven (7) of this Underwriter's Warrant Agreement.
Grant and Period. The above recital is true and correct. This Agreement is executed and delivered pursuant to and in accordance with the Consulting Agreement. Pursuant to this Agreement, the Option Holder is hereby granted the right to purchase from the Company, at any time during the period commencing on the Effective Date and ending on October 30, 2010 (the “Expiration Time”), 40,000 shares of the Company’s common stock, $.0001 par value (the “Shares” or “Option Securities”)) at an initial exercise price (subject to adjustment as provided in Article 8 hereof) of $3.50 per share (the “Exercise Price” or “Purchase Price”), subject to the terms and conditions of this Agreement (the “Option”). Except as specifically otherwise provided herein, the Shares shall have the same terms and conditions as such securities are outstanding and as designated in the Company’s Certificate of Incorporation and any amendments thereto.
Grant and Period. The above recitals are true and correct. This Agreement, relating to the purchase of the Warrants, is entered into pursuant to the Placement Agent Agreement between the Company and the Placement Agent in connection with the Private Offering. Pursuant to the Warrants, the Holders are hereby granted the right to purchase from the Company, at any time during the period commencing on the date of completion of the Offering (the "Offering Completion Date") and expiring on October 30, 2008 (the "Expiration Time"), the Shares at an initial exercise price (subject to adjustment as provided in Article 8 hereof) of $1.10 per share (the "Exercise Price" or "Purchase Price"), subject to the terms and conditions of this Agreement. Except as specifically otherwise provided herein, the Shares constituting the Warrant Securities shall bear the same terms and conditions as such securities described under the caption "Description of Securities" in the Private Placement Memorandum dated September 19, 2003, and as designated in the Company's Certificate of Incorporation and any amendments thereto, and the Holders shall have registration rights under the Securities Act of 1933, as amended (the "Act"), for the Warrants and the Shares, as more fully described in Section 7 of this Agreement.
Grant and Period. (a) The above recitals are true and correct. The Offering has been registered under a registration statement on Form S-3 (File No. 333-128019) which was declared effective by the Securities and Exchange Commission (the “Commission”) on September 8, 2005 (the “Effective Date”). The Company has filed a Preliminary Prospectus Supplement on May 26, 2006 describing the Offering.
Grant and Period. The above recitals are true and correct. This Agreement, relating to the purchase of the Warrant Securities, is entered into pursuant to the Financial Advisor Agreement between the Company and the Financial Advisor. Pursuant to this Agreement, the Holder is hereby granted the right to purchase from the Company up to the aggregate sum of 1,840,000 Warrant Shares. The Holder’s right to purchase the Warrant Securities or Warrant Shares pursuant to this Agreement shall terminate at 5:30 p.m., Eastern Time on February 14, 2018 following the execution of this Agreement (the “Expiration Time”). The initial purchase price per Company Share or for each of the Warrant Securities (subject to adjustment as provided in Sections 2, 4, 5 and 6) shall be $0.50 each (the “Warrant Price”), subject to the terms and conditions of this Agreement. Except as specifically otherwise provided in this Agreement, the Warrant Shares shall bear the same terms and conditions as designated in the Company’s Certificate of Incorporation and any amendments thereto, and the Holders shall not be provided any registration rights and the Company shall not have any obligation to register the Warrants or the Warrant Shares (or Warrant Securities) under the Securities Act of 1933, as amended (the “Act”).
Grant and Period. The above recitals are true and correct. This Agreement, relating to the purchase of the Warrant Securities, is entered into pursuant to the Financial Advisor Agreement between the Company and the Financial Advisor. Pursuant to this Agreement, the Holder is hereby granted the right to purchase from the Company up to the aggregate sum of 100,000 Warrant Shares in five equal monthly installments of 20,000 Warrant Shares commencing on the 15th day of July, August, September, October and November 2009, unless the Financial Advisory Agreement shall be terminated in accordance with its terms before the applicable date on which the Warrant Shares become purchasable by the Holder. The Holder’s right to purchase the Warrant Securities or Warrant Shares pursuant to this Agreement shall terminate at 5:30 p.m., Eastern Time on July 15, 2014 (the “Expiration Time”). The initial purchase price per Company Share or for each of the Warrant Securities (subject to adjustment as provided in Sections 4, 5 and 6) shall be $2.05 each (the “Warrant Price”), subject to the terms and conditions of this Agreement. Except as specifically otherwise provided in this Agreement, the Warrant Shares shall bear the same terms and conditions as designated in the Company’s Certificate of Incorporation and any amendments thereto, and the Holders shall not be provided any registration rights and the Company shall not have any obligation to register the Warrants or the Warrant Shares (or Warrant Securities) under the Securities Act of 1933, as amended (the “Act”).
Grant and Period. The above recitals are true and correct. This Agreement, relating to the purchase of the Warrant Securities, is entered into pursuant to the Restructuring Agreement. Pursuant to this Agreement, the Holder is hereby granted the right to purchase from the Company up to the aggregate sum of 2,500,000 Warrant Shares. The Holder’s right to purchase the Warrant Securities or Warrant Shares pursuant to this Agreement shall terminate at 5:30 p.m., Eastern Time on June 11, 2017 (the “Expiration Time”). The initial purchase price per Warrant Share or for each of the Warrant Securities (subject to adjustment as provided in Sections 2, 4, 5 and 6) shall be $0.15 each (the “Warrant Price”), subject to the terms and conditions of this Agreement. Except as specifically otherwise provided in this Agreement, the Warrant Shares shall bear the same terms and conditions as designated in the Company’s Certificate of Incorporation and any amendments thereto, and the Holder shall not be provided any registration rights and the Company shall not have any obligation to register the Warrants or the Warrant Shares (or Warrant Securities) under the Securities Act of 1933, as amended (the “Act”).
