Sale and Purchase of the Units. Ener1 undertakes to sell and supply, within the timeframe stipulated herein, the Units (as defined below) to MGTES (or another person designated by MGTES) and to perform and render related works and services in connection therewith as specified in this Agreement, and MGTES undertakes to accept and pay for such Units and related works and services supplied as per the terms and conditions of this Agreement. The Parties agree that the term “Unit” means a separate, independent and ready-for-operation unit used to power the GES Systems comprised of lithium-ion batteries and specified battery elements, parts and equipment to be sold by Ener1 to MGTES under this Agreement.
Sale and Purchase of the Units. Upon the terms and subject to the conditions set forth in this Agreement, at the Closing, Seller agrees to sell, assign, transfer, convey and deliver to Buyer, and Buyer agrees to purchase and accept from Seller, the Units, free and clear of all Liens (other than transfer restrictions imposed by the applicable securities Laws).
Sale and Purchase of the Units. The Company will sell to each of the Purchasers and each Purchaser severally will purchase from the Company, subject to the terms and conditions of this Agreement and in reliance on the representations, warranties and covenants of the Company contained herein and in the Exhibits hereto, such number of Units as are set forth in Schedule 1.2, at the purchase price set forth in Schedule 1.2.
Sale and Purchase of the Units. Upon the terms and subject to the conditions herein contained, the Company agrees to sell to each Purchaser, and each Purchaser agrees to purchase from the Company, at the Closing (as defined in Section 3) that number of Units set forth opposite such purchaser’s name on Schedule I for the purchase price set forth opposite such purchasers name, which amount represents the number of Units purchased by such Purchaser multiplied by the price per Unit of $0.15 (the “Unit Price”). The aggregate price paid by all Purchasers, as set forth on Schedule I, shall be referred to as the “Total Purchase Price.” The Common Shares and Warrants included in each Unit will be issued separately by the Company to each Purchaser.
Sale and Purchase of the Units. Subject to the satisfaction of the terms and conditions of this Agreement set forth herein and in reliance upon the respective representations and warranties of the Parties set forth or referred to herein, the Company agrees to issue and sell to each Purchaser, and each Purchaser agrees to subscribe for and purchase from the Company, each Purchaser's Commitment Amount (as set forth opposite the name of such Purchaser on the SCHEDULE OF PURCHASERS attached hereto) of Units to be issued and sold on the Closing Date (as defined below). The SCHEDULE OF PURCHASERS indicates the number of Units to be purchased by each Purchaser on the Closing Date.
Sale and Purchase of the Units. 1 1.3 Closing. . . . . . . . . . . . . . . . . . . . . . . . 2 1.4
Sale and Purchase of the Units. Subject to the terms and conditions of this Agreement, the undersigned Investor hereby subscribes for and agrees to purchase the number of Units set forth on the signature page to this Agreement at a purchase price of $1.00 per Unit (the “Purchase Price”).
Sale and Purchase of the Units. On the Tranche B Financing Funding Date (as defined in the Amended and Restated Participation dated as of December 18, 1995, among the Company, Pontchartrain Natural Gas System, for itself and as Servicer, State Street Bank and Trust Company as Trustee of the Purchaser, the financial institutions named on Schedule 1 thereto, as Purchasers, and Citibank, N.A., as Agent (the "Participation Agreement")) and subject to the terms and conditions set forth in this Agreement, the Company will transfer, assign and convey the Units to Purchaser, and Purchaser will acquire the Units from Company.
Sale and Purchase of the Units. At the initial Closing, subject to the terms and conditions hereof and in reliance upon the representations, warranties and agreements contained herein, the Purchasers will purchase an aggregate of up to 16,000,000 Units.
Sale and Purchase of the Units. (a) Subject to the terms and conditions hereof and in reliance upon the representations and warranties contained herein, the Company agrees to sell to the Purchasers, and each Purchaser agrees to purchase from the Company on the Closing Date specified in Section 2 hereof, the number of Units set forth opposite the Purchaser's name on Exhibit A hereto at a price of $100,000 per Unit for a maximum aggregate purchase price of Five Million Dollars and No Cents ($5,000,000). The sales of the Units to the Purchasers as aforesaid are several and separate sales and none of the Purchasers shall be responsible for, or obligated with respect to, any act or default by any other Purchaser. The terms of the securities comprising the Units are as more fully set forth in the Form of Senior Subordinated Note attached hereto as Exhibit B and the Form of Warrant attached hereto as Exhibit C.
