Sale of Additional Notes. At any time on or before December 31, 2009, the Company may sell Additional Notes in one or more Subsequent Closings in the aggregate principle amount of up to $6,000,000 (the "Maximum Amount") to either existing holders of the Notes (the "Existing Investors") or to new investors (the "New Investors"), in each case subject to the prior written approval of the Agent. As a condition to the sale of any Additional Note to a New Investor, the Company and New Investor will execute an Agreement to Join as a Party to the Convertible Secured Subordinated Note Purchase Agreement and Registration Rights Agreement, substantially in the form attached hereto as Exhibit A (the "Joinder Agreement"). Promptly after each such Subsequent Closing, the Company shall amend Schedule I to the Original Purchase Agreement, as hereby amended, and Schedule A to the Original Registration Rights Agreement, as hereby amended, to reflect the sale of any such Additional Notes without any action of the Holders or the parties thereto and shall distribute such revised schedules to the parties to such agreements.
Sale of Additional Notes. Substantially simultaneously with the Closing, the Company (i) may enter into one or more agreements (the “Other Agreements”) with one or more other Persons (the “Other Investors”) to purchase Notes, subject to the terms of the Indenture, in an aggregate principal amount that, together with the Investor’s Purchased Notes issued pursuant to this Agreement, is not less than $120,000,000 and (ii) issue additional Notes, subject to the terms of the Indenture, with one or more new Investors, so long as the purchase price for any such additional Notes is not less than $1,000 per $1,000 principal amount of Notes.
Sale of Additional Notes. After the Initial Closing and at any time before the Qualified Offering, the Company may sell, pursuant to the terms of this Agreement, up to the balance of the Aggregate Investment Amount that was not sold at the Initial Closing (the “Additional Notes”), to the Lenders or other qualified investors (the “Additional Lenders” and each such closing, an “Additional Closing”) upon the execution by such Additional Lenders of a counterpart signature page hereto. Any notes issued and sold pursuant to this Section 4.2 shall be deemed to be “Notes” for all purposes under this Agreement and any Additional Lenders thereof shall be deemed to be “Lenders” for all purposes under this Agreement. The purchase and sale of the Additional Notes shall take place remotely via the exchange of documents and signatures, at a date, time and place as the Company and the Lenders purchasing Additional Notes to be sold agree upon, orally or in writing (which time and place are designated as the “Additional Closing”).
Sale of Additional Notes. Substantially simultaneously with the Closing, the Company may issue additional Notes pursuant to one or more agreements (the “Other Agreements”), subject to the terms of the Indenture, with one or more other investors (the “Other Investors”), so long as the purchase price for any such additional Notes is not less than $[ ] per $1,000 principal amount of Notes.
Sale of Additional Notes. (a) That the first Whereas clause in the Purchase Agreement be amended to replace the phrase “up to $2,000,000” with the phrase “up to $3,000,000.”
Sale of Additional Notes. (a) The Company may obtain Commitments from one or more additional Purchasers (each an “Additional Purchaser”) to purchase, on the same terms and conditions as those contained in this Agreement, additional Notes (the “Additional Notes”), up to an aggregate principal amount of $5,000,000 for a period of up to 180 days following the date of this Agreement. The terms and conditions of such Commitments, and any Additional Notes purchased by Additional Purchasers, shall be substantially the same as the terms and conditions the Commitment provided by the Lead Purchaser and the Notes purchased by the Lead Purchaser. The Company may use the proceeds of the sale of the Additional Notes to fund the general corporate purposes of the Company including working capital and capital investment. Exhibit A shall be amended to reflect any Commitment provided by an Additional Purchaser.
Sale of Additional Notes. After the Initial Closing, the Company shall sell, on the same terms and conditions as those contained in this Agreement, additional Notes (the “Additional Notes”) at one or more closings to one or more additional purchasers (the “Additional Purchasers”); provided, that
Sale of Additional Notes. After the Initial Closing, the Company may sell, on the same terms and conditions as those contained in this Agreement, additional Notes to one or more purchasers reasonably acceptable to the Company (the “Additional Purchasers”) at one or more additional Closings (each, an “Additional Closing”), provided that (i) such subsequent sale is consummated by September 30, 2018 (or such later date as may be approved by the Company in its sole discretion), (ii) each Additional Purchaser shall become a party to this Agreement by delivering a counterpart signature page to this Agreement, and (iii) the aggregate maximum principal amount of the Notes sold at the Initial Closing and the Additional Closings shall not exceed $1,000,000. Exhibit A shall be updated to reflect the additional Notes purchased at each such Additional Closing and the parties purchasing such additional Notes.
Sale of Additional Notes. After the Initial Closing and prior to July 1, 2013, upon five (5) days prior written notice to the Company of its election to purchase, the Purchaser may purchase, on the same terms and conditions as those contained in this Agreement, up to seventy-two (72) total Notes in the aggregate (the “Additional Notes”). Provided, however, that prior to each Closing after the Initial Closing, the Company and Aemetis shall be entitled to update the Company Disclosure Schedule attached hereto as Exhibit C. Any such additional disclosures shall not relieve any liability as to prior purchases under this Agreement. Provided, further, that the minimum amount of each Note purchased in each Closing after the Initial Closing shall be an aggregate principal of Five Hundred Thousand Dollars ($500,000) for each Note. Prior to June 30, 2013, the Company shall not offer or sell the Notes to any other potential purchasers without the Purchaser’s advance written consent, which shall not be unreasonably withheld. Nothing herein shall prohibit the Company or any affiliate of the Company from raising other forms of debt or equity capital.
Sale of Additional Notes. Seller agrees to use its best efforts to sell additional Notes such that the aggregate principal amount of Notes issued is $5,000,000. Each purchaser of such additional Notes shall assume the obligations and obtain the rights of a Purchaser hereunder and under each of the other Transaction Documents, including, without limitation, financing statements, pursuant to documentation reasonably acceptable to the Seller and the then existing Purchasers. The Company shall have the option of selling additional Notes of up to $2,000,000 in an aggregate principal amount (resulting in a total maximum aggregate amount of Notes sold equal to $7,000,000) upon the same terms and conditions of this Section 1.5. Each new Note shall be issued in form and substance substantially the same as the form of Note attached as Exhibit A. Each sale of any additional Note shall occur on or prior to February 15, 2000. The Seller shall issue to each such Purchaser, Warrants to purchase Common Stock of the Seller, substantially in the form of the Warrants attached as Exhibit B and for a number of shares proportionate to the amount of the Note purchased by such Purchaser as reflected in the Warrants.
