Additional Purchaser. Upon the purchase of shares of Series 3 Preferred Stock by the New Investor and the execution of a counterpart signature page to the Current Agreement, the Current Agreement shall be automatically amended such that the New Investor shall become a party to the Current Agreement and will be deemed to be a "Holder" and a "Series 3 Preferred Holder", the shares of the Series 3 Preferred Stock purchased by the New Investor shall be deemed "Series 3 Preferred Stock" and the shares of Common Stock issuable upon conversion of such Series 3 Preferred Stock shall be deemed to be "Registrable Securities," as each is defined in the Agreement. Upon the purchase of shares of Series 3 Preferred Stock by the New Investor and the execution of a counterpart signature page to the Current Agreement, the New Investor shall be entitled to the same rights and benefits under the Current Investors' Rights Agreement and will be bound by the terms, restrictions and obligations to the same extent and in the same manner as each other holder of Series 3 Preferred Stock.
Additional Purchaser. Notwithstanding anything to the contrary contained herein, if the Company issues additional Convertible Notes after the date hereof pursuant to the Note Purchase Agreement, any purchaser of a Convertible Note may become a party to this Agreement by executing and delivering an additional counterpart signature page to this Agreement, and thereafter shall be deemed a “Purchaser” for all purposes hereunder. No action or consent by the Purchasers shall be required for such joinder to this Agreement by such additional Purchaser, so long as such additional Purchaser has agreed in writing to be bound by all of the obligations as an “Purchaser” hereunder by executing and delivering an additional counterpart signature page to this Agreement.
Additional Purchaser. The American University has issued a solicitation for a 25,000 MWh project. Item #2 Offers for Less Than 150,000 MWh: While the Department anticipates that a single project that would be able to serve all three purchasers (DGS, GWU, AU) would be most cost effective due to economies of scale and reduced transactions costs, Offerors may submit an offer that does not meet the needs of all purchasers but that meets all or substantially all of the requirements of an individual purchaser. Item #3
Additional Purchaser. The Company shall have the right for a period of ten (10) days following the Closing Date to sell up to 10,000 shares of Series B Preferred (the "Additional Shares") at a purchase price of $2.00 per share (the "Additional Sale") to Stuaxx Xxxxxxx, (xhe "Additional Purchaser"), provided that the Additional Sale shall be effected by the execution by the Additional Purchaser as parties hereto, with all rights and obligations of a Purchaser hereunder. In the event of such Additional Sale, for all purposes related to this Agreement, the Additional Purchaser shall be deemed to have executed this Agreement as of the date hereof and the Additional Sale shall be deemed to have occurred as of the Closing Date.
Additional Purchaser. The term “Additional Purchaser” shall have the meaning specified in Section 2.7 of this Agreement.
Additional Purchaser. By execution of this Amendment, Xxxxxxxx Xxxxx hereby: (a) acknowledges receipt of a copy of the Purchase Agreement, the Security Agreement and the other Loan Documents; and (b) agrees to become a party to, and be bound by, (i) the terms and conditions of the Purchase Agreement, as a “Purchaser” under the Purchase Agreement as if he were an original “Purchaser” party thereto, and (ii) the terms and conditions of the Security Agreement, as a “Secured Party” under the Security Agreement as if he were an original “Secured Party” party thereto.
Additional Purchaser. On or before the Second Closing, the Company shall have the right to include as a Purchaser under this Agreement, Tennman WR-T, Inc., a Delaware corporation (“TWR”), and to issue and sell Securities to TWR hereunder at the Second Closing, if and to the extent TWR exercises its preemptive rights to purchase Securities pursuant to that certain Preemptive Rights and Board Nominee Agreement, dated as October 1, 2011, by and among the Company, TWR and Xx Xxxxxxx. If TWR exercises its preemptive rights to purchase all or any portion of the Securities that TWR is entitled to purchase, then (i) TWR shall become a party to this Agreement as a Purchaser hereunder by signing a joinder agreement in a form acceptable to the Company, which joinder agreement shall set forth the Subscription Amount for TWR, and (ii) the aggregate Subscription Amount for all Purchasers hereunder shall be increased by TWR’s Subscription Amount (i.e., the Subscription Amount for all other Purchasers shall not be decreased as a result of TWR’s election to purchase Securities hereunder).
Additional Purchaser. Xxxxx & Company Incorporated ------------------------------------------------- (Purchaser Name) By: /s/ Xxx Xxxxxxx ---------------------------------------------- Name: Xxx X. Xxxxxxx -------------------------------------------- Title: CFO & Managing Director -------------------------------------------
Additional Purchaser. 56 ARTICLE X - PRE-CLOSING COVENANTS......................................... 56 10.1
Additional Purchaser. In the event that Klepierre shall elect to join Additional Purchaser to this Preliminary Agreement as contemplated in Section 2.4 above, then and in such event: (i) each of the above representations and warranties shall be deemed to have been given on behalf of each of the Additional Purchaser; (ii) each of such statements pertaining to the Additional Purchaser shall be true and correct as of the date of the Deed of Joinder referred to in Section 2.4(b) above, and will be true and correct as of the Delivery Date (as though made at the Delivery), provided, that the representations and warranties made as of a specified date will be true and correct as of such date.
