Common use of Form of Payment Clause in Contracts

Form of Payment. On the Closing Date, (i) each Buyer shall pay its Purchase Price to the Company for the Notes to be issued and sold to such Buyer at the Closing, by wire transfer of immediately available funds in accordance with the Company’s written wire instructions, and (ii) the Company shall deliver to each Buyer the Notes (in the principal amounts as such Buyer shall request) which such Buyer is then purchasing, duly executed on behalf of the Company and registered in the name of such Buyer or its designee.

Appears in 4 contracts

Samples: Note Purchase Agreement (QC Holdings, Inc.), Securities Purchase Agreement (Epiq Systems Inc), Note Purchase Agreement (Verticalnet Inc)

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Form of Payment. On the Closing Date, (i) each Buyer shall pay its the Purchase Price to the Company for the Notes Preferred Shares to be issued and sold to such Buyer at the Closing, by wire transfer of immediately available funds in accordance with the Company’s 's written wire instructions, instructions and (ii) the Company shall deliver to each Buyer the Notes (in the principal amounts as such Buyer shall request) Preferred Shares which such Buyer is then purchasing, duly executed on behalf of the Company and registered in the name of such Buyer or its designee.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Energy Telecom, Inc.), Securities Purchase Agreement (Energy Telecom, Inc.), Securities Purchase Agreement (Energy Telecom, Inc.)

Form of Payment. On the Closing Date, Date (i) each Buyer the Purchaser shall pay its the Purchase Price to the Company for the Notes to be issued and sold to such Buyer at the Closing, by wire transfer of immediately available funds funds, in accordance with the Company’s written wire instructionsinstructions as provided in the disbursement authorization dated August 6, 2019 and signed by the Company (the “Disbursement Authorization”), simultaneously with delivery of the Note, and (ii) the Company shall deliver to each Buyer the Notes (in the principal amounts as such Buyer shall request) which such Buyer is then purchasing, Note duly executed on behalf of the Company and registered in to the name Purchaser, simultaneously with delivery of such Buyer or its designeePurchase Price.

Appears in 3 contracts

Samples: Securities Purchase Agreement (RDE, Inc.), Securities Purchase Agreement (RDE, Inc.), Securities Purchase Agreement (uBid Holdings, Inc./New)

Form of Payment. On the Closing Date, (i) each Buyer Purchaser shall pay its such Purchaser's Purchase Price to the Company for the Notes to be issued and sold to Warrants being purchased by such Buyer Purchaser at the Closing, Closing by wire transfer of immediately available funds to the Company, in accordance with the Company’s 's written wire wiring instructions, against delivery of the duly executed Notes and (ii) Warrants being purchased by such Purchaser, and the Company shall deliver to each Buyer the such Notes (in the principal amounts as such Buyer shall request) which such Buyer is then purchasing, duly executed on behalf of the Company and registered in the name Warrants against delivery of such Buyer or its designeePurchase Price.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Cellpoint Inc), Securities Purchase Agreement (Boston Life Sciences Inc /De), Securities Purchase Agreement (Lumenon Innovative Lightwave Technology Inc)

Form of Payment. On the Closing Date, (i) each the Buyer shall pay its the Purchase Price to the Company for the Notes to be issued and sold to such Buyer at the Closing, by wire transfer of immediately available funds in accordance with the Company’s written wire instructions, and (ii) the Company shall deliver to each the Buyer the Notes (in the principal amounts as such Buyer shall request) which such Buyer is then purchasingNote, duly executed on behalf of the Company and registered in the name of such the Buyer or its designee.

Appears in 3 contracts

Samples: Securities Purchase Agreement (ArcelorMittal), Securities Purchase Agreement (Skandalaris Robert J), Securities Purchase Agreement (Noble International, Ltd.)

Form of Payment. On the each Closing Date, (i) each the Buyer shall pay its Purchase Price to the Company purchase price set forth on the face thereof for the Notes a Note to be issued and sold to such the Buyer at such Closing (the Closing, “Purchase Price”) by wire transfer of immediately available funds to the Company, in accordance with the Company’s written wire wiring instructions, against delivery of such Note to the Buyer in the principal amount set forth on the face thereof, and (ii) the Company shall deliver to each Buyer the Notes (in the principal amounts as such Buyer shall request) which such Buyer is then purchasing, duly executed Note on behalf of the Company and registered in Company, to the name Buyer, against delivery of such Buyer or its designeePurchase Price.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Q BioMed Inc.), Securities Purchase Agreement (Mphase Technologies Inc), Securities Purchase Agreement (Ozop Surgical Corp.)

Form of Payment. On the each Closing Date, (i) each the Buyer shall pay its Purchase Price to the Company purchase price for the Notes Note to be issued and sold to such Buyer it at the Closing, Closing (as defined below) (the “Purchase Price”) by wire transfer of immediately available funds to the Company, in accordance with the Company’s written wire wiring instructions, against delivery of the Note in the principal amount set forth on the Schedule of Buyer attached hereto, and (ii) the Company shall deliver to each Buyer the Notes (in the principal amounts as such Buyer shall request) which such Buyer is then purchasing, duly executed Note on behalf of the Company and registered in Company, to the name Buyer, against delivery of such Buyer or its designeePurchase Price.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Resonate Blends, Inc.), Securities Purchase Agreement (Resonate Blends, Inc.), Securities Purchase Agreement (Resonate Blends, Inc.)

Form of Payment. On the Closing DateAt each Closing, (iA) each Buyer shall pay its Purchase Price deliver to the Company its portion of the Purchase Price for the Notes and Warrants to be issued and sold to such Buyer at the Closing, Closing by wire transfer of immediately available funds in accordance with the Company’s written wire instructions, instructions and (iiB) the Company shall deliver to each Buyer the Notes (in the principal amounts as such Buyer shall request) and related Warrants which such Buyer is then purchasingpurchasing hereunder, in each case duly executed on behalf of the Company and registered in the name of such Buyer or its designee.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Probility Media Corp), Securities Purchase Agreement (Probility Media Corp)

Form of Payment. On the Closing Date, Date (i) each Buyer the Purchaser shall pay its the Purchase Price to the Company for the Notes to be issued and sold to such Buyer at the Closing, by wire transfer of immediately available funds funds, in accordance with the Company’s written wire instructionsinstructions as provided in the disbursement authorization dated October 1, 2019 and signed by the Company (the “Disbursement Authorization”), simultaneously with delivery of the Note, and (ii) the Company shall deliver to each Buyer the Notes (in the principal amounts as such Buyer shall request) which such Buyer is then purchasing, Note duly executed on behalf of the Company and registered in to the name Purchaser, simultaneously with delivery of such Buyer or its designeePurchase Price.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Pharmagreen Biotech Inc.), Securities Purchase Agreement

Form of Payment. On the each Closing Date, (i) each Buyer shall pay its Purchase Price to the Company for the Notes to be issued and sold to such Buyer at the applicable Closing, by wire transfer of immediately available funds in accordance with the Company’s 's written wire instructions, and (ii) the Company shall deliver to each Buyer the Buyer, Notes (in the principal amounts as such Buyer shall request) (the "NOTE Certificates") representing such principal amount of the Notes which such Buyer is then purchasingpurchasing hereunder, duly executed on behalf of the Company and registered in the name of such Buyer or its designee.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Xcel Energy Inc), Securities Purchase Agreement (Xcel Energy Inc)

Form of Payment. On the Closing Date, (i) each the Buyer shall pay its Purchase Price to fund the Company principal amount for the Notes Note and Warrant to be issued and sold to such Buyer it at the Closing, Closing (as defined below) by wire transfer of immediately available funds to the Company, in accordance with the Company’s written wire wiring instructions, against delivery of the Note and Warrant, and (ii) the Company shall deliver to each Buyer the Notes (in the principal amounts as such Buyer shall request) which such Buyer is then purchasing, duly executed Note and Warrant on behalf of the Company and registered in Company, to the name Buyer, against delivery of such Buyer or its designeethe purchase price thereof.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Red Cat Holdings, Inc.), Securities Purchase Agreement (Red Cat Holdings, Inc.)

Form of Payment. On the Closing Date, (i) each Buyer shall pay its respective Purchase Price to the Company for the Notes Common Shares to be issued and sold to such Buyer at the Closing, by wire transfer of immediately available funds in accordance with the Company’s written wire instructions, instructions and (ii) the Company shall deliver to each Buyer certificates representing such aggregate number of Common Shares as is set forth opposite such Buyer’s name in column (3) of the Notes (in the principal amounts as such Buyer shall request) which such Buyer is then purchasing, Schedule of Buyers duly executed on behalf of the Company and registered in the name of such Buyer or its designee.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Conversion Labs, Inc.), Securities Purchase Agreement (Conversion Labs, Inc.)

Form of Payment. On the Closing Date, (i) each Buyer shall pay its the applicable Purchase Price to the Company for the Notes Note and the Warrants to be issued and sold to such Buyer at on the ClosingClosing Date, by wire transfer of immediately available funds in accordance with the Company’s written wire instructionsinstructions (less any amount deducted and paid in accordance with Section 5(h)), and (ii) the Company shall deliver to each Buyer the Notes (in Note and the principal amounts as such Buyer shall request) which Warrants that such Buyer is then purchasingpurchasing hereunder, duly executed on behalf of the Company and registered in the name of such Buyer or its designee.

Appears in 2 contracts

Samples: Securities Purchase Agreement (South Texas Oil Co), Securities Purchase Agreement (South Texas Oil Co)

Form of Payment. On the Closing Date, Date (i) each Buyer the Purchaser shall pay its the Purchase Price to the Company for the Notes to be issued and sold to such Buyer at the Closing, by wire transfer of immediately available funds to the Company, in accordance with the Company’s written wire wiring instructions, simultaneously with delivery of the Note and Warrants, and (ii) the Company shall deliver to each Buyer the Notes (in the principal amounts as such Buyer shall request) which such Buyer is then purchasing, Note and Warrants duly executed on behalf of the Company and registered in to the name Purchaser, simultaneously with delivery of such Buyer or its designeePurchase Price.

Appears in 2 contracts

Samples: Purchase Agreement (XSport Global, Inc.), Securities Purchase Agreement (XSport Global, Inc.)

Form of Payment. On the Closing Datedate hereof, (i) each Buyer shall pay its respective Purchase Price to the Company for the Notes to be issued and sold to such Buyer at the Closing, by wire transfer of immediately available funds in accordance with the Company’s written wire instructions, Flow of Funds Letter and (ii) the Company shall deliver to each Buyer the Notes (a Note in the aggregate original principal amounts amount as is set forth opposite such Buyer shall requestBuyer’s name in column (3) which such Buyer is then purchasing, of the Schedule of Buyers duly executed on behalf of the Company and registered in the name of such Buyer or its designee.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Amarantus Bioscience Holdings, Inc.), Securities Purchase Agreement (Amarantus Bioscience Holdings, Inc.)

Form of Payment. On the Closing Date, (i) each Buyer shall pay its respective Purchase Price to the Company for the Notes to be issued and sold to such Buyer at the Closing, Closing by wire transfer of immediately available funds in accordance with the Company’s written wire instructions, instructions provided by or on behalf of the Company and (ii) the Company shall deliver to each Buyer the Notes (allocated in the principal amounts as such Buyer shall may reasonably request) which such Buyer is then purchasing, purchasing hereunder duly executed on behalf of the Company and registered in the name of such Buyer or its designee.

Appears in 2 contracts

Samples: Subscription Agreement (MVC Capital, Inc.), Subscription Agreement (MVC Capital, Inc.)

Form of Payment. On the Closing Date, (i) each the Buyer shall pay its Purchase Price to the Company for the Notes and the s to be issued and sold to such the Buyer at the Closing, by wire transfer of immediately available funds in accordance with the Company’s written wire instructions, and (ii) the Company shall deliver to each the Buyer the Notes (in the principal amounts as such Buyer shall requestA) which such Buyer is then purchasing, duly executed on behalf of the Company and registered in the name of such Buyer or its designee.a Note

Appears in 2 contracts

Samples: Purchase Agreement (SRAX, Inc.), Purchase Agreement (SRAX, Inc.)

Form of Payment. On the Closing Date, (i) each Buyer shall pay its Purchase Price to the Company for the Notes Common Shares to be issued and sold to such Buyer at the Closing, by wire transfer of immediately available funds in accordance with the Company’s written wire instructions, instructions and (ii) the Company shall deliver to each Buyer the Notes Common Shares (allocated in the principal amounts as such Buyer shall request) which such Buyer is then purchasingpurchasing hereunder, in each case duly executed on behalf of the Company and registered in the name of such Buyer or its designee.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Kv Pharmaceutical Co /De/), Securities Purchase Agreement (Sequenom Inc)

Form of Payment. On the Closing Date, (i) each the Buyer shall pay its the Purchase Price (less any amounts withheld pursuant to the Company for the Notes Section 4(f)) to be issued and sold to such Buyer or at the Closing, direction of the Issuers by wire transfer of immediately available funds in accordance with the Company’s Issuers’ written wire instructions, and (ii) the Company Issuers shall deliver or caused to each be delivered to the Buyer the Notes (in for the principal amounts account of the Buyer as such the Buyer shall request) which such Buyer is then purchasinginstruct), duly executed on behalf of the Company Issuers and registered in the name of such the Buyer or its designee.

Appears in 2 contracts

Samples: Notes Purchase Agreement (Forbes Energy Services Ltd.), Notes Purchase Agreement (Forbes Energy Services Ltd.)

Form of Payment. On the Closing DateDate (as defined below), (i) each Buyer the Investor shall pay its the Purchase Price to the Company for the Notes Note to be issued and sold to such Buyer it at the Closing, Closing (as defined below) by wire transfer of immediately available funds to the Company, in accordance with the Company’s written wire wiring instructions, against delivery of the Note in the Principal Amount, and (ii) the Company shall deliver to each Buyer the Notes (in the principal amounts as such Buyer shall request) which such Buyer is then purchasing, duly executed Note on behalf of the Company and registered in Company, to the name Investor, against delivery of such Buyer or its designeePurchase Price.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Greater Cannabis Company, Inc.), Securities Purchase Agreement (Cannabis Global, Inc.)

Form of Payment. On the Closing Date, Date (i) each Buyer the Purchaser shall pay its the Purchase Price to the Company for the Notes to be issued and sold to such Buyer at the Closing, by wire transfer of immediately available funds to the Company, in accordance with the Company’s written wire wiring instructions, simultaneously with delivery of the Note and Warrant, and (ii) the Company shall deliver to each Buyer the Notes (in the principal amounts as such Buyer shall request) which such Buyer is then purchasing, Note and Warrant duly executed on behalf of the Company and registered in to the name Purchaser, simultaneously with delivery of such Buyer or its designeePurchase Price.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Lingerie Fighting Championships, Inc.), Securities Purchase Agreement (AnythingIT, Inc.)

Form of Payment. On the Closing Date, (i) each immediately after the Buyer is delivered the Common Shares contemplated in clause (ii) below, the Buyer shall pay its the Purchase Price to the Company for the Notes to be issued and sold to such Buyer at the Closing, by wire transfer of immediately available funds in accordance with the Company’s 's written wire instructions, instructions and (ii) the Company shall deliver to each the Buyer certificates representing the Notes Common Shares (allocated in the principal amounts as such the Buyer shall request) which such the Buyer is then purchasingpurchasing hereunder, duly executed on behalf of the Company and registered in the name of such the Buyer or its designee.

Appears in 1 contract

Samples: Securities Purchase Agreement (Jinpan International LTD)

Form of Payment. On the Closing Date, (i) each Buyer shall pay its the Purchase Price to the Company for the Notes and the Warrants to be issued and sold to such Buyer at the Closing, Closing by wire transfer of immediately available funds in accordance with the Company’s written wire instructions, and (ii) the Company shall deliver to each Buyer the Notes (in the principal amounts as such Buyer shall request) which such Buyer is then purchasing, duly executed on behalf of the Company and registered in the name of such Buyer or its designee.

Appears in 1 contract

Samples: Securities Purchase Agreement (Clinical Data Inc)

Form of Payment. On the Closing Date, (i) each Buyer the Investor shall pay its the Purchase Price (as defined below) to the Company for the Notes Note to be issued and sold to such Buyer the Investor at the Closing, by wire transfer of immediately available funds in accordance with the Company’s written wire instructions, instructions and (ii) immediately following the Company’s receipt of such amount, the Company shall deliver to each Buyer the Notes (in Investor the principal amounts as such Buyer shall request) which such Buyer is then purchasingNote, duly executed on behalf of the Company and registered in the name of such Buyer the Investor or its designee.

Appears in 1 contract

Samples: Securities Purchase Agreement (U.S. Stem Cell, Inc.)

Form of Payment. On the Closing Date, (iA) each Buyer the Investor shall pay its the Purchase Price (as defined below) (less the amounts withheld pursuant to Section 4(g)) to the Company for the Notes Note to be issued and sold to such Buyer the Investor at the Closing, by wire transfer of immediately available funds in accordance with the Company’s written wire instructions, instructions and (iiB) immediately following the Company’s receipt of such amount, the Company shall deliver to each Buyer the Notes (in Investor the principal amounts as such Buyer shall request) which such Buyer is then purchasing, Note duly executed on behalf of the Company and registered in the name of such Buyer the Investor or its designee.

Appears in 1 contract

Samples: Form of Securities Purchase Agreement (Amyris, Inc.)

Form of Payment. On the Closing Date, (i) each Buyer shall pay its Purchase Price to the Company for the Notes to be issued and sold to such Buyer at the Closing, by wire transfer of immediately available funds in accordance with the Company’s written wire instructions, and (ii) the Company shall deliver to each Buyer the Notes (allocated in the principal amounts as such Buyer shall request) which such Buyer is then purchasing, purchasing hereunder duly executed on behalf of the Company and registered in the name of such Buyer or its designeeBuyer.

Appears in 1 contract

Samples: Securities Purchase Agreement (Minrad International, Inc.)

Form of Payment. On the Closing Date, (i) each the Buyer shall pay its Purchase Price to the Company for the Notes Purchased Shares to be issued and sold to such Buyer at the Closing, by wire transfer of immediately available funds in accordance with the Company’s 's written wire instructions, and (ii) the Company shall, or shall cause the Company's transfer agent (the "Transfer Agent") to deliver to each the Buyer at the Notes (in address for notice designated on the principal amounts as such Buyer shall request) which such Buyer is then purchasing, duly executed on behalf of signature page hereof certificates for the Company and registered in the name of such Buyer or its designeePurchased Shares.

Appears in 1 contract

Samples: Securities Purchase Agreement (Altair Nanotechnologies Inc)

Form of Payment. On the Closing Date, (i) each Buyer Purchaser shall pay its Purchase Price to the Company for the Notes Shares to be issued and sold to such Buyer Purchaser at the Closing, by wire transfer of immediately available funds in accordance with the Company’s written wire instructions, instructions and (ii) the Company shall issue and deliver the applicable number of Shares to be sold by the Company hereunder to each Buyer the Notes (in the principal amounts as such Buyer shall request) which such Buyer is then purchasing, duly executed on behalf of the Company and registered in the name of such Buyer or its designeePurchasers.

Appears in 1 contract

Samples: Securities Purchase Agreement (Aastrom Biosciences Inc)

Form of Payment. On the Closing Date, (i) each Buyer Purchaser shall pay its the Purchase Price to the Company for the Notes Note to be issued and sold to such Buyer Purchaser at the Closing, Closing by a check payable to the order of the Company or by a wire transfer of immediately available funds to an account designated in accordance with writing by the Company’s written wire instructions, and (ii) the Company shall deliver to each Buyer the Notes (in the principal amounts as such Buyer shall request) which such Buyer is then purchasing, duly executed on behalf of the Company and registered in the name of such Buyer or its designee.

Appears in 1 contract

Samples: Note Purchase Agreement (Worldwide Petromoly Inc)

Form of Payment. On each of the Closing DateDates (as defined below), (i) each Buyer the Investor shall pay its Purchase Price to the Company purchase price for the Notes each Note to be issued and sold to on such Buyer at date (the Closing, “Purchase Price”) by wire transfer of immediately available funds to Company’s designated legal counsel, in accordance with the Company’s written wire wiring instructions, against delivery of each of Notes in, and (ii) the Company shall deliver to each Buyer the Notes (in the principal amounts as such Buyer shall request) which such Buyer is then purchasing, duly executed Notes on behalf of the Company and registered in Company, to the name Investor, against delivery of such Buyer or its designeePurchase Price.

Appears in 1 contract

Samples: Securities Purchase Agreement (Mind Solutions Inc.)

Form of Payment. On the each Closing Date, (i) each Buyer shall pay its the Purchase Price (less any amounts withheld pursuant to Section 4(d)) to the Company for the Notes Preferred Shares to be issued and sold to such Buyer at the Closing, Closing by wire transfer of immediately available funds in accordance with the Company’s written wire instructions, instructions and (ii) the Company shall deliver to each Buyer the Notes (in the principal amounts as such number of Preferred Shares being purchased by Buyer shall request) which such Buyer is then purchasing, duly executed on behalf of the Company and registered in the name of such Buyer or its designee.

Appears in 1 contract

Samples: Securities Purchase Agreement (Cleanspark, Inc.)

Form of Payment. On the Closing Date, (i) each Buyer shall pay its Purchase Price to the Company for the Notes to be issued and sold to such Buyer at the Closing, by wire transfer of immediately available funds in accordance with the Company’s 's written wire instructions, and (ii) the Company shall deliver or caused to be delivered to each Buyer the Notes (in for the principal amounts account of such Buyer as such Buyer shall requestinstruct) which such Buyer is then purchasing, duly executed on behalf of the Company and registered in the name of such Buyer or its designee.

Appears in 1 contract

Samples: Securities Purchase Agreement (Smith & Wesson Holding Corp)

Form of Payment. On the Closing Date, (iA) each Buyer shall pay its Purchase Price Investment Amount to the Company for the Notes Note to be issued and sold to such Buyer at the Closing, by wire transfer of immediately available funds in accordance with the Company’s written wire instructions, instructions and (iiB) the Company shall deliver to each Buyer the Notes a Note (in the principal amounts as such Buyer shall requestBuyer’s Investment Amount) which such Buyer is then purchasing, duly executed on behalf of the Company and registered in the name of such Buyer or its designee.

Appears in 1 contract

Samples: Securities Purchase Agreement (Power Medical Interventions, Inc.)

Form of Payment. On the Closing Date, (i) each Buyer shall pay its respective Purchase Price to the Company for the Convertible Notes to be issued and sold to such Buyer at the Closing, by wire transfer of immediately available funds in accordance with the Company’s written wire instructions, and (ii) the Company shall deliver to each Buyer the aggregate principal amount of Convertible Notes as is set forth opposite such Buyer’s name in column (in 3) of the principal amounts as such Buyer shall request) which such Buyer is then purchasing, Schedule of Buyers duly executed on behalf of the Company and registered in the name of such Buyer or its designee.

Appears in 1 contract

Samples: Note Purchase Agreement (Plug Power Inc)

Form of Payment. On the Closing Date, (i) each Buyer the Investor shall pay its the purchase price (the “Purchase Price to the Company Price”) for the Notes to be issued and sold to such Buyer it at the ClosingClosing (as defined below), by wire transfer against delivery of immediately available funds the Notes in accordance with the Company’s written wire instructionsprincipal amount equal to the Purchase Price, and (ii) the Company shall deliver to each Buyer the such Notes (in the principal amounts as such Buyer shall request) which such Buyer is then purchasing, duly executed on behalf of the Company and registered in Company, to the name Investor, against delivery of such Buyer or its designeePurchase Price.

Appears in 1 contract

Samples: Note Purchase Agreement (Advanced Growing Systems, Inc.)

Form of Payment. On the Closing Date, (i) each the Buyer shall pay its the Purchase Price to the Company for the Notes Purchased Shares to be issued and sold to such the Buyer at the Closing, by wire transfer of immediately available funds in accordance with the Company’s written wire instructionsinstructions set forth on Exhibit A-1, and (ii) the Company shall deliver to each Buyer credit the Notes (in the principal amounts as such Buyer shall request) which such Buyer is then purchasing, duly executed on behalf account of the Company and registered in the name of such Buyer or its designeeset forth on Exhibit A-2 using customary book-entry procedures.

Appears in 1 contract

Samples: Stock Purchase Agreement (Nanogen Inc)

Form of Payment. On the Closing Date, (i) each Buyer shall pay its Purchase Price to the Company for the Notes and Warrants to be issued and sold to such Buyer at the Closing, by wire transfer of immediately available funds in accordance with the Company’s written wire instructions, and (ii) the Company shall deliver to each Buyer the Notes (in the principal amounts as such Buyer shall request) and Warrants which such Buyer is then purchasing, duly executed on behalf of the Company and registered in the name of such Buyer or its designee.

Appears in 1 contract

Samples: Securities Purchase Agreement (Liquidmetal Technologies Inc)

Form of Payment. On the Closing Date, (i) each Buyer Purchaser shall pay its respective Purchase Price to the Company for the Notes Common Shares to be issued and sold to such Buyer Purchaser at the Closing, by wire transfer of immediately available funds in accordance with the Company’s written wire instructions, instructions and (ii) the Company shall instruct its transfer agent to deliver to each Buyer Purchaser a certificate or certificates representing the Notes (in the principal amounts as such Buyer shall request) Common Shares which such Buyer Purchaser is then purchasingpurchasing hereunder, in each case duly executed on behalf of the Company and registered in the name of such Buyer Purchaser or its designee.

Appears in 1 contract

Samples: Purchase and Exchange Agreement (Arena Pharmaceuticals Inc)

Form of Payment. On the Closing Date, (i) each the Buyer shall pay its the Purchase Price (less the amounts withheld pursuant to Section 4(g)) to the Company for the Notes to be issued and sold to such the Buyer at the Closing, by wire transfer of immediately available funds in accordance with the Company’s written wire instructions, instructions and (ii) the Company shall deliver to each the Buyer the Notes (a Note in the aggregate original principal amounts as such Buyer shall request) which such Buyer is then purchasing, amount of $16,000,000 duly executed on behalf of the Company and registered in the name of such the Buyer or its designee.

Appears in 1 contract

Samples: Securities Purchase Agreement (Satcon Technology Corp)

Form of Payment. On the Closing Date, (i) each Buyer shall pay its Purchase Price to the Company for the Notes to be issued and sold to such Buyer at the Closing, by wire transfer of immediately available funds in accordance with the Company’s 's written wire instructions, and (ii) the Company shall deliver to each Buyer the Notes (in the principal amounts as such Buyer shall request) which such Buyer is then purchasing, purchasing duly executed on behalf of the Company and registered in the name of such Buyer or its designee.

Appears in 1 contract

Samples: Securities Purchase Agreement (Golden Star Resources LTD)

Form of Payment. On the Closing Date, (i) each Buyer shall pay its Purchase Price to the Company for the Notes to be issued and sold to such Buyer at the Closing, Purchase Price by wire transfer of immediately available funds in accordance with the Company’s 's written wire instructions, and (ii) the Company shall deliver to each Buyer the Notes (in the such principal amounts as such Buyer shall request) which such Buyer is then purchasing(the "Note Certificates") representing the principal amount of the Notes and warrants representing the Warrants, in each case duly executed on behalf of the Company and registered in the name of such Buyer or its designeeCompany.

Appears in 1 contract

Samples: Securities Purchase Agreement (Freehand Information Systems, Inc.)

Form of Payment. On the Closing Date, (i) each the Buyer shall pay its the Purchase Price to the Company for the Notes Notes, the Shares and the Preferred Stock to be issued and sold to such the Buyer at the Closing, Closing by wire transfer of immediately available funds in accordance with the Company’s written wire instructions, instructions and (ii) the Company shall deliver to each the Buyer the Notes (allocated in the principal amounts as such the Buyer shall request) which such Buyer is then purchasing), the Shares and the Preferred Stock, in each case duly executed on behalf of the Company and registered in the name of such the Buyer or its designee.

Appears in 1 contract

Samples: Securities Purchase Agreement (Enerpulse Technologies, Inc.)

Form of Payment. On the Closing Date, (i) each Buyer shall pay its Purchase Price to the Company --------------- purchase price (the "PURCHASE PRICE") for the Notes and Closing Warrants to be issued and sold to such Buyer it at the Closing, closing by wire transfer of immediately available funds to the Company, in accordance with the Company’s 's written wire wiring instructions, against delivery of the duly executed Notes and Closing Warrants being purchased by each Buyer hereunder, and (ii) the Company shall deliver such Notes and Closing Warrants to each the Buyer the Notes (in the principal amounts as such Buyer shall request) which such Buyer is then purchasing, duly executed on behalf of the Company and registered in the name against delivery of such Buyer or its designeePurchase Price.

Appears in 1 contract

Samples: Securities Purchase Agreement (Oxis International Inc)

Form of Payment. On the Closing Date, (i) each Buyer shall pay its aggregate applicable Purchase Price to the Company for the Notes to be issued and sold to such Buyer at the Closing, by wire transfer of immediately available funds in accordance with the Company’s written wire instructions, and (ii) the Company shall deliver to each Buyer the Notes (in the principal amounts as such Buyer shall request) which such Buyer is then purchasing, duly executed on behalf of the Company and registered in the name of such Buyer or its designee.

Appears in 1 contract

Samples: Securities Purchase Agreement (Antigenics Inc /De/)

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Form of Payment. On the Closing Date, (i) each Buyer shall pay its Purchase Price to the Company for the Notes Shares to be issued and sold to such Buyer at the Closing, by wire transfer of immediately available funds in accordance with the Company’s written wire instructions, instructions and (ii) the Company shall deliver to each Buyer one or more stock certificates, evidencing the Notes (in the principal amounts as such Buyer shall request) which number of Shares such Buyer is then purchasing, which certificate(s) shall be duly executed on behalf of the Company and registered in the name of such Buyer or its designee.

Appears in 1 contract

Samples: Stock Purchase Agreement (Ener-Core, Inc.)

Form of Payment. On the Closing Date, (i) each Buyer shall pay its Purchase Price to the Company for the Notes to be issued and sold to such Buyer at the Closing, by wire transfer of immediately available funds in accordance with the Company’s 's written wire instructions, and (ii) the Company shall deliver to each Buyer the Notes (in the principal amounts as such Buyer shall request) which such Buyer is then purchasing, duly executed on behalf of the Company and registered in the name of such Buyer or its designee.

Appears in 1 contract

Samples: Securities Purchase Agreement (Noble International LTD)

Form of Payment. On the each Closing Date, (i) each Buyer shall pay its Purchase Price to the Company purchase price set forth on the face thereof for the Notes a Note to be issued and sold to such Buyer at such Closing (the Closing, "Purchase Price") by wire transfer of immediately available funds to the Company, in accordance with the Company’s 's written wire wiring instructions, against delivery of such Note to such Buyer in the principal amount set forth on the face thereof, and (ii) the Company shall deliver to each Buyer the Notes (in the principal amounts as such Buyer shall request) which such Buyer is then purchasing, duly executed Note on behalf of the Company and registered in the name Company, to such Buyer, against delivery of such Buyer or its designeePurchase Price.

Appears in 1 contract

Samples: Securities Purchase Agreement (Stealth Technologies, Inc.)

Form of Payment. On the Closing Date, (i) each Buyer shall pay its Purchase Price to the Company for the Notes to be issued and sold to such Buyer at the Closing, by wire transfer of immediately available funds in accordance with the Company’s written wire instructions, and (ii) the Company shall deliver to each Buyer the Notes (in the principal amounts as such Buyer shall request) which such Buyer is then purchasing, duly executed on behalf of the Company and registered in the name of such Buyer or its designee.

Appears in 1 contract

Samples: Securities Purchase Agreement (Novavax Inc)

Form of Payment. On the Closing Date, (i) each Buyer shall pay its Purchase Price to the Company for the Notes Preferred Shares to be issued and sold to such Buyer at the Closing, by wire transfer of immediately available funds in accordance with the Company’s 's written wire instructions, and (ii) the Company shall deliver to each Buyer the Notes one or more stock certificates (in such denominations as the principal amounts as such Buyer Company shall requestdetermine) which such Buyer is then purchasing, duly executed on behalf of the Company and registered in the name of such Buyer or its designee.

Appears in 1 contract

Samples: Securities Purchase Agreement (Commtouch Software LTD)

Form of Payment. On the Closing Date, (i) each the Buyer shall pay its Purchase Price to the Company for the Notes to be issued and sold to such the Buyer at the Closing, by wire transfer of immediately available funds in accordance with the Company’s written wire instructions, and (ii) the Company shall deliver to each the Buyer the Notes (in the principal amounts as such Buyer shall request) which such Buyer is then purchasing, duly executed on behalf of the Company and registered in the name of such Buyer or its designee.

Appears in 1 contract

Samples: Purchase Agreement (DSL Net Inc)

Form of Payment. On the Closing Date, (iA) each the Buyer shall pay its the Purchase Price to the Company for the Notes Note and the Warrants to be issued and sold to such the Buyer at the Closing, by wire transfer of immediately available funds in accordance with the Company’s written wire instructions, and (iiB) the Company shall deliver to each the Buyer the Notes (in Note that the principal amounts as such Buyer shall request) which such Buyer is then purchasing along with the Warrants that the Buyer is purchasing, duly executed on behalf of the Company and registered in the name of such the Buyer or its designee.

Appears in 1 contract

Samples: Securities Purchase Agreement (Daystar Technologies Inc)

Form of Payment. On the Closing Date, (i) each Buyer shall pay its the Purchase Price to the Company for the Notes to be issued and sold to such Buyer at the Closing, Closing by wire transfer of immediately available funds in accordance with the Company’s written wire instructions, instructions provided by or on behalf of the Company and (ii) the Company shall deliver to each Buyer the Notes (in the principal amounts as such Buyer shall request) which such Buyer is then purchasing, duly executed on behalf of the Company and registered in the name of such Buyer or its designee, and a commitment fee equal to $160,000 (the “Commitment Fee”) by wire transfer of immediately available funds in accordance with the wire instructions provided by or on behalf of Buyer.

Appears in 1 contract

Samples: Subscription Agreement (MONROE CAPITAL Corp)

Form of Payment. On the Closing Date, (i) each Buyer shall pay its applicable Purchase Price to the Company for the Notes to be issued and sold to such Buyer at the Closingapplicable Purchased Shares, by wire transfer of immediately available funds in accordance with the Company’s written wire instructions, instructions and (ii) upon receipt by the Company of such payment, the Company shall deliver issue to each Buyer the Notes (in the principal amounts as such Buyer shall request) which in certificated form such Buyer is then purchasing, duly executed on behalf number of the Company and registered in the name of such Buyer or its designeeapplicable Series A Preferred Shares. 2.

Appears in 1 contract

Samples: Securities Purchase Agreement (Lifecore Biomedical, Inc. \De\)

Form of Payment. On the Closing Date, (i) each the Buyer shall pay its the purchase price of $___________ (the “Purchase Price to the Company Price”) for the Notes to be issued Note and sold to such Buyer at the Closing, Warrant by wire transfer of immediately available funds to an account designated by the Company, in accordance with the Company’s written wire instructions, wiring instructions and (ii) the Company shall deliver the Note and Warrant to each Buyer the Notes (in the principal amounts as such Buyer shall request) which such Buyer is then purchasing, duly executed on behalf of the Company and registered in the name of such Buyer or its designeeBuyer.

Appears in 1 contract

Samples: Securities Purchase Agreement (South American Properties, Inc.)

Form of Payment. On the Closing Date, (i) each Buyer shall pay its Purchase Price applicable purchase price to the Company for the Notes to be issued and sold to such Buyer at the Closing, Closing by wire transfer of immediately available funds in accordance with the Company’s written wire instructions, instructions and (ii) the Company shall deliver to each Buyer the Notes (allocated in the principal amounts as such Buyer shall request) which such Buyer is then purchasingpurchasing hereunder, duly executed on behalf of the Company and registered in the name of such Buyer or its designee.

Appears in 1 contract

Samples: Securities Purchase Agreement (Enerpulse Technologies, Inc.)

Form of Payment. On each of the Closing DateDates (as defined below), (i) each Buyer the Investor shall pay its Purchase Price to the Company purchase price for the Notes each Note to be issued and sold to such Buyer at (the Closing, “Purchase Price”) by wire transfer of immediately available funds to Company’s designated legal counsel, in accordance with the Company’s written wire wiring instructions, and (ii) against delivery of each of Notes the Company shall deliver to each Buyer the Notes (in the principal amounts as such Buyer shall request) which such Buyer is then purchasing, duly executed Notes on behalf of the Company and registered in Company, to the name Investor, against delivery of such Buyer or its designeePurchase Price.

Appears in 1 contract

Samples: Securities Purchase Agreement (Pazoo, Inc.)

Form of Payment. On the Closing Date, : (i) each Buyer Purchaser shall pay its the Purchase Price to the Company (as hereinafter defined) for the Notes to be issued and sold to such Buyer each Note at the Closing, Closing (as defined below) by wire transfer of immediately available funds to the Company, in accordance with the Company’s written wire wiring instructions, and (ii) the Company shall deliver to each Buyer the such Notes (in the principal amounts as such Buyer shall request) which such Buyer is then purchasing, duly executed on behalf of the Company and registered in the name Company, to such Purchaser, against delivery of such Buyer or its designeePurchase Price.

Appears in 1 contract

Samples: Securities Purchase Agreement (Ethos Environmental, Inc.)

Form of Payment. On the applicable Closing Date, (i) each Buyer Purchaser shall pay its the Company the Purchase Price to the Company for the Notes Shares and the Warrant to be issued and sold to such Buyer at the ClosingPurchaser on such Closing Date, by wire transfer of immediately available funds in accordance with the Company’s written wire instructionsinstructions previously provided to the Purchasers, and (ii) the Company shall deliver to each Buyer Purchaser the Notes (in original certificate or certificates representing the principal amounts as such Buyer shall request) which such Buyer is then purchasingShares and the original Warrant, duly executed on behalf of the Company and registered in the name of such Buyer or its designeePurchaser.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Interleukin Genetics Inc)

Form of Payment. On the Closing Date, (i) each Buyer shall pay its Purchase Price to the Company for the Notes Common Shares to be issued and sold to such Buyer at the Closing, by wire transfer of immediately available funds in accordance with the Company’s written wire instructions, instructions and (ii) the Company shall deliver to each Buyer the Notes Common Shares (allocated in the principal amounts as such Buyer shall request) which such Buyer is then purchasingpurchasing hereunder, duly executed on behalf of the Company and registered in the name of such Buyer or its designee.

Appears in 1 contract

Samples: Stock Purchase Agreement (Hyperdynamics Corp)

Form of Payment. On the Closing Date, (i) each the Buyer shall pay its Purchase Price to the Company purchase price for the Notes Note to be issued and sold to such Buyer it at the Closingclosing, by wire transfer of immediately available funds funds, to the Company, in accordance with the Company’s written wire wiring instructions, against delivery of the Note in the principal amount equal to the Purchase Price as is set forth immediately below the Buyer’s name on the signature pages hereto, and (ii) the Company shall deliver to each Buyer the Notes (in the principal amounts as such Buyer shall request) which such Buyer is then purchasing, duly executed Note on behalf of the Company and registered in Company, to the name Buyer, against delivery of such Buyer or its designeethe purchase price.

Appears in 1 contract

Samples: Securities Purchase Agreement (Green Technology Solutions, Inc.)

Form of Payment. On the Closing Date, (i) each the Buyer shall pay its Purchase Price to the Company for the Notes Shares to be issued and sold to such the Buyer at the Closing, by wire transfer of immediately available funds in accordance with the Company’s written wire instructions, instructions and (ii) the Company shall deliver instruct its transfer agent to each issue to the Buyer the Notes (in Shares which the principal amounts as such Buyer shall request) which such Buyer is then purchasing, duly executed on behalf of the Company and registered in the name of such Buyer or its designee.

Appears in 1 contract

Samples: Share Purchase Agreement (Hebron Technology Co., LTD)

Form of Payment. On the Closing Date, (i) each Buyer shall pay its the Purchase Price to the Company for the Notes Closing Shares, Note and Warrant to be issued and sold to such Buyer at on the ClosingClosing Date, by wire transfer of immediately available funds in accordance with the Company’s written wire instructions, and (ii) the Company shall deliver to Buyer (A) certificates representing the Closing Shares, (B) the Note, and (C) the Warrant, in each Buyer the Notes (in the principal amounts as such Buyer shall request) which such Buyer is then purchasing, case duly executed on behalf of the Company and registered in the name of such Buyer or its designeeBuyer.

Appears in 1 contract

Samples: Securities Purchase Agreement (Gulf Western Petroleum Corp)

Form of Payment. On the Closing Date, (i) each Buyer the applicable Purchaser shall pay its the applicable Purchase Price to the Company for the Notes to be issued and sold to such Buyer at the Closing, Purchaser by wire transfer of immediately available funds in accordance with the Company’s written wire instructions, pursuant to the amounts set forth on Appendix 1, and (ii) the Company shall deliver to each Buyer the Notes (in the principal amounts as such Buyer shall request) which such Buyer is then purchasing, applicable Purchasers certificates duly executed on behalf of the Company and registered in representing the name principal amount of such Buyer or its designeeNotes set forth on Appendix 1.

Appears in 1 contract

Samples: Purchase Agreement (Energy Partners LTD)

Form of Payment. On the Closing Date, (i) each Buyer shall pay its Purchase Price to the Company for the Follow-On Notes to be issued and sold to such Buyer at the Closing, if any, by wire transfer of immediately available funds in accordance with the Company’s written wire instructions, instructions and (ii) the Company shall deliver to each Buyer the Notes (allocated in the principal amounts as such Buyer shall request) which such Buyer is then purchasingpurchasing or receiving hereunder, duly executed on behalf of the Company and registered in the name of such Buyer or its designee.

Appears in 1 contract

Samples: Securities Purchase Agreement (Answers CORP)

Form of Payment. On the Closing Date, (iA) each Buyer the Purchaser shall pay its the Purchase Price to the Company for the Notes to be Preferred Shares issued and sold to such Buyer the Purchaser at the Closing, by wire transfer of immediately available funds in accordance with the Company’s written wire instructions, instructions and (iiB) the Company shall deliver to the Purchaser the Preferred Shares, each Buyer the Notes (in the principal amounts as such Buyer shall request) which such Buyer is then purchasing, duly executed on behalf of the Company and registered in the name of such Buyer the Purchaser or its designee.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Cyber Supply Inc.)

Form of Payment. On the Closing Date, (iA) each Buyer shall pay its the Purchase Price (less the amounts withheld pursuant to Section 4(g)) to the Company for the Notes Debenture to be issued and sold to such Buyer at on the ClosingClosing Date, by wire transfer of immediately available funds in accordance with the Company’s written wire instructions, a Flow of Funds Letter (as defined below) and (iiB) the Company shall deliver to each Buyer the Notes (Debenture in the aggregate original principal amounts as such Buyer shall request) which such Buyer is then purchasingamount of $2,778,000, duly executed on behalf of the Company and registered in the name of such Buyer or its designee.

Appears in 1 contract

Samples: Debenture Purchase Agreement (Remark Holdings, Inc.)

Form of Payment. On the each Closing Date, (i) each Buyer the Investor shall pay its Purchase Price to the Company for the Notes to be issued and sold to such Buyer the Investor at the Closing, by wire transfer of immediately available funds in accordance with the Company’s written wire instructions, instructions and (ii) the Company shall deliver deliver, or cause to each Buyer be delivered, to such Investor the Notes (allocated in the principal amounts as such Buyer Investor shall request) which such Buyer Investor is then purchasing, purchasing hereunder duly executed on behalf of the Company and registered in the name of such Buyer Investor or its designee.

Appears in 1 contract

Samples: Securities Purchase Agreement (Nanogen Inc)

Form of Payment. On the Closing Date, (i) each Buyer Buyer, shall pay its Purchase Price to the Company for the Notes to be issued and sold to such Buyer at the Closing, by wire transfer of immediately available funds in accordance with wire transfer instructions provided by the Company’s written wire instructions, Company and (ii) the Company shall deliver to each Buyer the Common Shares and the Notes (allocated in the principal amounts as such Buyer shall request) which such Buyer is then purchasing hereunder along with the Warrants (allocated in the amounts as such Buyer shall request) which such Buyer is purchasing, in each case duly executed on behalf of the Company and registered in the name of such Buyer or its designee.

Appears in 1 contract

Samples: Securities Purchase Agreement (Rancher Energy Corp.)

Form of Payment. On the Closing Date, (i) each the Buyer shall pay its Purchase Price to the Company for the Notes and the Warrants to be issued and sold to such the Buyer at the Closing, by wire transfer of immediately available funds in accordance with the Company’s written wire instructions, and (ii) the Company shall deliver to each the Buyer the Notes (in the principal amounts as such Buyer shall requestA) which such Buyer is then purchasing, duly executed on behalf of the Company a Note and registered in the name of such Buyer or its designee(B) a Warrant.

Appears in 1 contract

Samples: Purchase Agreement (SRAX, Inc.)

Form of Payment. On the Closing DateDate applicable to each Buyer, (i) each such Buyer shall pay its respective Purchase Price to the Company for the Notes Units to be issued and sold to such Buyer at the Closing, by wire transfer of immediately available funds in accordance with the Company’s 's written wire instructionsinstructions (or, if applicable, in lieu of cash, Units may be delivered in consideration of certain development services provided), and (ii) the Company shall deliver instruct its transfer agent to each Buyer the Notes (record in the principal amounts as Company's books and records, the number of Preferred Shares and Warrants issued and sold to such Buyer shall request) which such Buyer is then purchasing, duly executed on behalf of at the Company and registered in the name of such Buyer or its designeeClosing.

Appears in 1 contract

Samples: Securities Purchase Agreement (Windtree Therapeutics Inc /De/)

Form of Payment. On the Closing Date, (i) each Buyer Purchaser shall pay its the Company the Purchase Price to the Company for the Notes Shares and the Warrants to be issued and sold to such Buyer at the ClosingPurchaser, by wire transfer of immediately available funds in accordance with the Company’s written wire instructionsinstructions previously provided to the Purchasers, and (ii) the Company shall deliver to each Buyer Purchaser the Notes (in original certificate or certificates representing the principal amounts as such Buyer shall request) which such Buyer is then purchasingShares and the Warrants, duly executed on behalf of the Company and registered in the name of such Buyer or its designeePurchaser.

Appears in 1 contract

Samples: Stock and Warrant Purchase Agreement (Cicero Inc)

Form of Payment. On the Closing Date, (i) each the Buyer shall pay its Purchase Price to the Company Issuer for the Notes Note to be issued and sold to such the Buyer at the Closing, by wire transfer of immediately available funds in accordance with the CompanyIssuer’s written wire instructions, instructions and (ii) the Company Issuer shall deliver to each the Buyer the Notes Note (allocated in the principal amounts as such the Buyer shall request) which such the Buyer is then purchasingpurchasing hereunder, duly executed on behalf of the Company and registered Issuer in favor of the name of such Buyer or its designeeBuyer.

Appears in 1 contract

Samples: Note Purchase Agreement (Zhang Liang)

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