Delivery of Tranche Notice. The Company shall deliver an irrevocable written notice (the “Tranche Notice”), the form of which is attached hereto as Exhibit B, to Investor stating that the Company shall exercise a Tranche and stating the number of Common Shares which the Company will sell to Investor at the Tranche Purchase Price, and the aggregate purchase price for such Tranche. A Tranche Notice must be delivered by the Company to Investor by 4:30 p.m. New York Time on any Trading Day via facsimile or electronic mail, with confirming copy by overnight carrier, and shall be deemed delivered on the next Trading Day (the “Tranche Notice Date”).
Appears in 3 contracts
Samples: Stock Purchase Agreement (Neah Power Systems, Inc.), Stock Purchase Agreement (Neah Power Systems, Inc.), Stock Purchase Agreement (Neah Power Systems, Inc.)
Delivery of Tranche Notice. The Company shall deliver an irrevocable written notice (the “Tranche Notice”), the form of which is attached hereto as Exhibit BF, to Investor stating that the Company shall exercise a Tranche and stating the number of Common Preferred Shares which the Company will sell to Investor at the Tranche Purchase Share Price, and the aggregate purchase price for such TrancheTranche (the “Tranche Purchase Price”). A Tranche Notice must be delivered by the Company to Investor by 4:30 p.m. New York Time Eastern time on any Trading Day via facsimile or electronic mail, with confirming copy by overnight carrier, and shall be deemed delivered on the next Trading Day (the “Tranche Notice Date”).
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Neah Power Systems, Inc.), Preferred Stock Purchase Agreement (Drinks Americas Holdings, LTD)
Delivery of Tranche Notice. The Company shall deliver an irrevocable written notice (the “Tranche Notice”), ) the form of which is attached hereto as Exhibit BF, to Investor stating that the Company shall exercise a Tranche and stating the number of Common Preferred Shares which the Company will sell to Investor at the Tranche Purchase Share Price, and the aggregate purchase price for such TrancheTranche (the “Tranche Purchase Price”). A Tranche Notice must be delivered by the Company to Investor by 4:30 5:00 p.m. New York Time on any Trading Day via facsimile or electronic mail, with confirming copy by overnight carrier, and shall be deemed delivered on the next Trading Day (the “Tranche Notice Date”).
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (International Stem Cell CORP)
