Common use of The Sale Clause in Contracts

The Sale. Subject to the terms and conditions of this Agreement, the -------- Company hereby agrees to issue and sell to the Purchaser, and the Purchaser hereby agrees to purchase from the Company, on the date of the Closing (as hereinafter defined), 111,111 newly issued shares (the "Shares") of the common stock, no par value, of the Company ("Common Stock") free and clear of all liens, claims, liabilities, restrictions or other encumbrances at a purchase price of $9.00 per share (the "Purchase Price").

The Sale. Subject to the terms and conditions of this Agreement, -------- the -------- Company hereby agrees to issue and sell to the PurchaserPurchasers, and the each Purchaser hereby agrees to purchase from the Company, on the date of the Closing (as hereinafter defined), 111,111 the number of newly issued shares of Series B Senior Preferred Stock set forth opposite such Purchaser's name on Schedule 1.1 attached hereto (the "Senior Preferred Shares") of the common stock), no par value, of the Company ("Common Stock") free and clear of all liens, claims, liabilities, restrictions or other encumbrances at a purchase price of $9.00 1,000.00 per share (the "Purchase Price").

The Sale. Subject to the terms and conditions of this Agreement, --------- the -------- Company hereby agrees to issue and sell to the Purchaser, and the Purchaser hereby agrees to purchase from the Company, on the date of the Closing (as hereinafter defined), 111,111 13,228 newly issued shares (the "Shares") of the common stock, no par value, of the Company ("Common Stock") free and clear of all liens, claims, liabilities, restrictions or other encumbrances at a purchase price of $9.00 45.36 per share (the "Purchase Price").

The Sale. Subject to the terms and conditions of this Agreement, -------- the -------- Company hereby agrees to issue and sell to the Purchaser, and the Purchaser hereby agrees to purchase from the Company, on the date of the Closing (as hereinafter defined), 111,111 29,632 newly issued shares (the "Shares") of the common stock, no par value, of the Company ("Common Stock") free and clear of all liens, claims, liabilities, restrictions or other encumbrances at a purchase price of $9.00 50.62 per share (the "Purchase Price").

The Sale. Subject to the terms and conditions of this Agreement, -------- the -------- Company hereby agrees to issue and sell to the Purchaser, and the Purchaser hereby agrees to purchase from the Company, on the date of the Closing (as hereinafter defined), 111,111 4,500 newly issued shares (the "Senior Preferred Shares") of the common stock, no par value, of the Company ("Common Stock") Senior Convertible Preferred Stock free and clear of all liens, claims, liabilities, restrictions or other encumbrances at a purchase price of $9.00 1,000.00 per share (the "Purchase Price").