Common Stock Purchase Agreement. The Employee hereby agrees and acknowledges that each of paragraphs 2.4, 2.5, and 2.6 of the Common Stock Purchase Agreement is void and is of no further force and effect.
Common Stock Purchase Agreement. PJC will cause Evermore and/or the Evermore Affiliates to be designated as Investor(s) to purchase 37,500,000 Shares, for a purchase price of $0.20 per share or an aggregate purchase price of $7,500,000, from the Company pursuant to the Common Stock Purchase Agreement.
Common Stock Purchase Agreement. The Company and the ------------------------------- purchasers parties thereto shall have executed and delivered the Common Stock Purchase Agreement covering the purchase of at least 8,101,265 shares of Common Stock.
Common Stock Purchase Agreement. The Company and each of the Senior Managers shall have entered into, or will concurrently with the Closing hereunder enter into, a Common Stock Purchase Agreement in substantially the form attached hereto as Exhibit B.
Common Stock Purchase Agreement. The transactions contemplated by the Common Stock Purchase Agreement by and among the Company and the Purchasers shall have been consummated. The conditions set forth in this Section 4.2 are for each Purchaser's sole benefit and may be waived only by a Purchasers (only with respect to such Purchaser) at any time in its sole discretion.
Common Stock Purchase Agreement. (i) The Company has all requisite corporate power and authority to execute and deliver the Common Stock Purchase Agreement and the warrants to be issued in connection with the Common Stock Purchase Agreement (the "SPA WARRANTS"), to perform its obligations under the Common Stock Purchase Agreement and the SPA Warrants and to consummate the Transactions. The execution and delivery of the Common Stock Agreement by the Company and the performance by the Company of its obligations under the Common Stock Purchase Agreement and the consummation by the Company of the Transactions, have been duly authorized by the Company's board of directors and, except for obtaining Stockholder Approval (as defined in the Common Stock Purchase Agreement) as contemplated by Section 7.4 of the Common Stock Purchase Agreement, no other corporate action on the part of the Company or its stockholders is necessary to authorize the execution and delivery by the Company of the Common Stock Purchase Agreement or the SPA Warrants or the consummation by it of the Transactions. The Common Stock Purchase Agreement has been and, as of the closing under the Common Stock Purchase Agreement, the SPA Warrants, will be duly executed and delivered by the Company and, the Common Stock Purchase Agreement, assuming due and valid authorization, execution and delivery thereof by the investors party thereto, is, and as of the closing under the Common Stock Purchase Agreement, the SPA Warrants will be, valid and binding obligations of the Company enforceable against the Company in accordance with their respective terms.
(ii) Except for the filings, permits, authorizations, consents, notices and approvals as may be required under, and other applicable requirements of, the Exchange Act, state securities or blue sky laws, none of the execution, delivery or performance of the Common Stock Purchase Agreement by the Company, the consummation by the Company of the transactions contemplated thereby or compliance by the Company with any of the provisions of the Common Stock Agreement will (a) conflict with or result in any breach of any provision of the certificate of incorporation, the by-laws or similar organizational documents of the Company or any of its Subsidiaries, (b) require any material filing with, or permit, authorization, consent or approval of, any Governmental Entity, (c) result in a material violation or breach of, or constitute (with or without due notice or the passage of time or both) a default ...
Common Stock Purchase Agreement. The Company hereby agrees that ------------------------------- the terms contained in Section 3(d) beginning with the phrase, "provided, however" until the end of such section of those certain Common Stock Purchase Agreements dated as of June 4, 1997 between the Company and each Founder (as defined in the Co-Sale Agreement), will not apply to or be enforced against Intel in connection with any right of first refusal granted to Intel in the Co- Sale Agreement.
Common Stock Purchase Agreement. PJC will cause Oxxx Xxxxxxxx to be designated as an Investor to purchase 10,000,000 Shares, for a purchase price of $0.20 per share or an aggregate purchase price of $2,000,000, from the Company pursuant to the Common Stock Purchase Agreement.
Common Stock Purchase Agreement. The Company will cause all employees who acquire Common Stock from the Company to execute a Common Stock Purchase Agreement substantially in the form of Exhibit K hereto (for issuances of restricted stock), or a Stock Purchase and Right of First Refusal Agreement substantially in the form of Exhibit L hereto (for issuances of stock upon exercise of stock options).
Common Stock Purchase Agreement. Simultaneous with the execution of this Agreement, Employee and Employer shall enter into a written restricted stock purchase agreement for Employee to purchase Two Hundred Thousand (200,000) shares of Employer's
