GRANT OF THE RIGHT TO PURCHASE PREFERRED STOCK. The Company hereby grants to the Warrantholder, and the Warrantholder is entitled, upon the terms and subject to the conditions hereinafter set forth, to subscribe for and purchase from the Company, 9,694 fully paid and non-assessable shares of the Company’s Series B Preferred Stock (“Preferred Stock”) at a purchase price of $4.90 per share (the “Exercise Price”). The number and purchase price of such shares are subject to adjustment as provided in Section 8 hereof.
GRANT OF THE RIGHT TO PURCHASE PREFERRED STOCK. For value received, the Company hereby grants to the Warrantholder, and the Warrantholder is entitled, upon the terms and subject to the conditions hereinafter set forth, to subscribe for and purchase, from the Company up to 312,500 shares of the Preferred Stock (defined below). The Exercise Price of such shares is subject to adjustment as provided in Section 8. As used herein, the following terms shall have the following meanings:
GRANT OF THE RIGHT TO PURCHASE PREFERRED STOCK. For value received, the Company hereby grants to the Warrantholder, and the Warrantholder is entitled, upon the terms and subject to the conditions hereinafter set forth, to subscribe for and purchase, the Warrant Stock from the Company, which Warrant Stock shall be fully paid and non-assessable shares of the Preferred Stock (as defined below) at the Exercise Price (as defined below). The number and Exercise Price of such shares are subject to adjustment as provided in Section 8. As used herein, the following terms shall have the following meanings:
GRANT OF THE RIGHT TO PURCHASE PREFERRED STOCK. For value received, the Company hereby grants to the Warrantholder, and the Warrantholder is entitled, upon the terms and subject to the conditions hereinafter set forth, to subscribe for and purchase, from the Company, an aggregate number of fully paid and non-assessable shares of the Preferred Stock equal to the quotient derived by dividing (a) the Warrant Coverage (as defined below) by (b) the Exercise Price (defined below). The Exercise Price of such shares is subject to adjustment as provided in Section 8. As used herein, the following terms shall have the following meanings:
GRANT OF THE RIGHT TO PURCHASE PREFERRED STOCK. (a) For value received, the Company hereby grants to the Warrantholder the right to subscribe for and purchase from the Company, at any time and from time to time on or before the Expiration Date (as defined below), up to such number of fully paid and non-assessable shares of Preferred Stock as determined pursuant to Section 1(b) below, at a purchase price per share equal to the Exercise Price (as defined below). As used herein, the following terms shall have the following meanings:
GRANT OF THE RIGHT TO PURCHASE PREFERRED STOCK. For the first $1,000,000 portion of the Loans, the Company hereby grants to the Warrantholder, and the Warrantholder is entitled, upon the terms and subject to the conditions hereinafter set forth, to subscribe to and purchase, from the Company, 45,000 fully paid and non-assessable shares of the Company's Series A Preferred Stock ("Preferred Stock") at a purchase price of $1.00 per share (the "Exercise Price") provided however, that from and after the effective date of the registration statement for the Company's initial public offering of its equity securities, the securities purchasable by the Warrantholder upon the exercise of this Warrant Agreement shall be shares of the Company's Common Stock ("Common Stock") which shares shall be purchasable by the Warrantholder in the same number that the Warrantholder would otherwise have been entitled to purchase had this Warrant Agreement remained exercisable for shares of the Company's Preferred Stock. From and after the effective date of the registration statement for the Company's initial public offering of its equity securities, the Warrantholder shall not have any further right pursuant to this Warrant Agreement to purchase shares of the Company's Preferred Stock. The shares of Preferred Stock or Common Stock that are issuable from time to time upon the exercise of this Warrant Agreement are sometimes referred to herein as the "Stock. In the event that the Company requests and the Warrantholder funds any portion of the additional $250,000 Advances between the first $1,000,000 and up to $1,500,000 as provided under the Loans, the Company hereby grants to the Warrantholder, and the Warrantholder is entitled, upon the terms and subject to the conditions hereinafter set forth, to subscribe for and purchase, from the Company, for each Advance funded, 11,250 shares of Stock at the Exercise Price. The number and purchase price of such shares are subject to adjustment as provided in Section 8 hereof.
GRANT OF THE RIGHT TO PURCHASE PREFERRED STOCK. For Value received, the Company hereby grants to the Warrantholder, and the Warrantholder is entitled, upon the terms and subject to the conditions hereinafter set forth, to subscribe for and purchase from the Company that number of fully paid and non-assessable shares of the Company’s Preferred Stock (“Preferred Stock”) equal to One Hundred Thirty-five Thousand Dollars ($135,000.00) (“Aggregate Purchase Price”), divided by the Exercise Price (“Exercise Price”). .In the event the Next Round is a financing as defined in (i) below and successfully completed on or before August 31, 2000, Warrantholder shall have the right to purchase from the Company its Series B Preferred Stock, and the Exercise Price shall be defined as the sum of $1.00 per share (the “Last Round Price”) plus the product of (a) the difference between the price per share of the next round of equity financing (the “Next Round”) and the Last Round, multiplied by (b) the fraction resulting from dividing (x) the number of days from the date of closing of the Last Round to the date of the Lease proposal (April 12, 2000), by (y) the number of days from the date of the closing of the Last Round to the date of closing of the Next Round. Notwithstanding the foregoing, the price per share of the Next Round shall be capped at a Ninety-five Million Dollar Pre-money Valuation. “Nine-five Million Dollar Pre-Money Valuation” shall be calculated by dividing Nine-five Million Dollars ($95,000,000.00) by the number of fully diluted shares of the Company’s authorized Common Stock, Preferred Stock, warrants and options, as converted to Common Stock outstanding immediately prior to the closing of the Next Round. In the event the Next Round is an event as described in (ii) or (iii) below or the Next Round is not successfully completed by August 31, 2000, then Warrantholder shall have the right to purchase 135,000 shares of Series A Preferred Stock from the Company at an Exercise Price of $1.00 per share. The number and purchase price of such shares are subject to adjustment as provided in Section 8 hereof. “Next Round” shall be defined as the earlier to occur of (i) preferred stock financing of at least $2,000,000.00, (ii) the sale, conveyance disposal, or encumbrance of all or substantially all of the Company’s property or business or Company’s merger into or consolidation with any other corporation (other than a wholly-owned subsidiary corporation) or any other transaction or series of related transactions in w...
GRANT OF THE RIGHT TO PURCHASE PREFERRED STOCK. The Company hereby grants to the Warrantholder, and the Warrantholder is entitled, upon the terms and subject to the conditions hereinafter set forth, to subscribe to and purchase, from the Company, 20,312 fully paid and non-assessable shares of the Company's Series D Preferred Stock ("Preferred Stock") at a purchase price of $8.00 per share (the "Exercise Price"). If and to the extent that the Company's Series D Preferred Stock has, pursuant to the provisions of the Company's Restated Articles of Incorporation in effect at the time (the "Restated Articles"), automatically converted into the Company's Common Stock ("Common Stock"), this Warrant Agreement shall thereafter automatically entitle the Warrantholder to purchase the number of shares of Common Stock into which the Series D Preferred Stock was then convertible, and references hereinafter to Preferred Stock shall be deemed, as appropriate, to thereafter mean such Common Stock. The number and purchase price of such shares are subject to adjustment as provided in Section 8 hereof.
GRANT OF THE RIGHT TO PURCHASE PREFERRED STOCK. The Company hereby grants to the Warrantholder, and the Warrantholder is entitled, upon the terms and subject to the conditions hereinafter set forth, to subscribe to and purchase, from the Company, 68,062 fully paid and non- assessable shares of the Company's Series B Preferred Stock ("Preferred Stock") at a purchase price of $1.1754 per share (the "Exercise Price"). The number and purchase price of such shares are subject to adjustment as provided in Section 8 hereof. If all of the Company's outstanding Preferred Stock is converted into shares of Common Stock in connection with the registration of the Company's Common Stock under the Securities Act of 1933, as amended, or otherwise in accordance with the terms of the Company's Amended and Restated Articles of Incorporation, then this Warrant shall automatically become exercisable for that number of shares of Common Stock equal to the number of shares of Common Stock that would have been received if this Warrant had been exercised in full and the shares of Preferred Stock received thereupon had been simultaneously converted into Common Stock immediately prior to such event, and the Exercise Price shall be automatically adjusted to equal the amount obtained by dividing (i) the aggregate Exercise Price of the shares of Preferred Stock for which this Warrant was exercisable immediately prior to such conversion, by (ii) the number of shares of Common Stock for which this Warrant is exercisable immediately after such conversion. The shares of Preferred Stock or Common Stock subject to this Warrant, as the case may be, are sometimes referred to herein as "Warrant Stock".
GRANT OF THE RIGHT TO PURCHASE PREFERRED STOCK. The Company hereby grants to the Warrantholder, and the Warrantholder is entitled, upon the terms and subject to the conditions hereinafter set forth, to subscribe for and purchase from the Company 150,000 fully paid and non-assessable shares of the Company's Series F Non-Voting Convertible Preferred Stock (the "PREFERRED STOCK") at a purchase price of $4.75 per share (the "EXERCISE PRICE"). The number and purchase price of such shares are subject to adjustment as provided in Section 8 hereof.
