Authorization of Issue Sample Clauses

Authorization of Issue. On or prior to the Closing, the Company will authorize the issuance and sale of the Notes. The Notes shall be substantially in the form specified in the Indenture.

Authorization of Issue. Prior to the Closing (as defined below), the Company shall have duly authorized the delivery to the Holders of the Shares.

Authorization of Issue. Prior to the Closing, the Company shall have duly authorized the delivery to each of Noteholders of the number of shares of Preferred Stock set forth in Section 2.2 below in the exchange set forth below.

Authorization of Issue. On or prior to the execution and delivery of this Agreement: (i) the Company will authorize the issue and sale of the Series B-2 Preferred Stock and the 2008 Warrants; and (ii) adopt and file the Certificate of Designation with the Secretary of State of Delaware.

Authorization of Issue. On or prior to the execution and delivery of this Agreement, the Company will authorize the issue and sale of the Notes. The Notes shall be in the form specified in this Agreement.

Authorization of Issue. The Company will authorize the issue of up to $2,000,000 in aggregate principal amount of its 6% Senior Secured Subordinated Convertible Notes (the “Convertible Notes“ or “Notes”). The Convertible Notes shall, with appropriate insertions, be substantially in the form attached as Exhibit A hereto, and shall mature on July __, 2007.

Authorization of Issue. 8 2.2. Sale and Purchase of the Notes........................................................8 2.3. Closing...............................................................................9

Authorization of Issue. The Company has authorized the issue and sale of (i) $30.0 million aggregate principal amount of the Notes, each Note to be in the form of EXHIBIT A hereto, (ii) 3,060,444 Shares and (iii) 15 million Warrants to purchase initially 15 million shares of Common Stock, each Warrant to be in the form of EXHIBIT D hereto. Each Guarantor has authorized the issue of its Subsidiary Guarantee of the Notes, each such Subsidiary Guarantee to be in the form of EXHIBIT B hereto.

Authorization of Issue. Prior to the Closing, the Company shall have duly authorized the delivery of the December 2001 Preferred Stock to the Noteholders in connection with the exchange set forth below.

Authorization of Issue. On or prior to the execution and delivery of this Agreement, the Issuer will authorize the issue and sale of the Notes. The Notes shall be in the form specified in the Indenture. The Notes shall be convertible into equity interests in the Issuer in accordance with the provisions of the Indenture.