Initial Purchase and Sale. Upon the terms and subject to the conditions of this Agreement, at the First Closing, Issuer shall sell to Buyer, and Buyer shall purchase from Issuer, the Initial Shares. The purchase price for the Initial Shares shall be (i) the Step One Average Closing Price multiplied by (ii) the number of the Initial Shares (the “Initial Purchase Price”). The Initial Purchase Price shall be paid as provided in Section 2.04.
Initial Purchase and Sale. Upon the terms and subject to the conditions set forth herein, and in reliance on the representations and warranties set forth in Section 4 hereof, each Purchaser shall severally purchase from the Company, and the Company shall issue and sell to each of the Purchasers, at the Initial Closing (as defined in Section 2.1), the number of Units set forth opposite the name of such Purchaser in SCHEDULE 1.2 at a purchase price of $2,000 per Investment Unit for an aggregate purchase price in the amount set forth opposite the name of such Purchaser in SCHEDULE 1.2, and the Company shall without further action grant the Purchasers the rights set forth herein. All Units sold hereunder shall be immediately detachable into their component Securities. All payments under this Agreement shall be made by wire transfer of immediately available funds to an account designated by the Company.
Initial Purchase and Sale. Subject to the terms and conditions set forth in this Agreement, on the Initial Closing Date (as hereinafter defined) the Company shall sell and issue to the Purchaser, and the Purchaser shall purchase from the Company 1,538,461 shares (the "INITIAL SHARES") of the Company's common stock, par value $.0001 per share (the "COMMON STOCK"), at a purchase price per Share of $13.00, or $19,999,993 in the aggregate (the "PURCHASE PRICE"). Such purchase and sale is referred to herein as the "INITIAL PURCHASE".
Initial Purchase and Sale. (a) The Company has authorized the sale and issuance to the Purchaser of (i) the Senior Secured Note due December 31, 2007, in an aggregate original principal amount of $2,000,000 (the “Senior Secured Note”) and (ii) warrants (the “Warrant”) to purchase up to 500,000 shares (the “Warrant Shares”) of the Company’s common stock, par value $.001 per share (the “Common Stock”). The Senior Secured Note, the Warrants and the Warrant Shares are hereinafter called, collectively the “Securities.” The aggregate purchase price (the “Purchase Price”) for the Securities shall be $2,000,000. The Senior Secured Note and the Warrant shall be in the forms attached hereto, respectively as Exhibits A and B.
(b) Subject to the terms and conditions of this Agreement, the Purchaser agrees to purchase at the Closing (as defined below), and the Company agrees to sell and issue to the Purchaser at the Closing the Securities at the aggregate purchase price equal to the Purchase Price. Each of the Company and the Purchaser shall become a party to this Agreement and shall have the respective rights and obligations hereunder.
Initial Purchase and Sale. On the date hereof, Seller hereby sells, transfers, assigns, delivers and conveys to Buyer, without recourse, and Buyer hereby purchases from Seller all of Seller's right, title and interest in and to:
(1) the TRIP Portfolio Interest, the TRIP Portfolio Certificate and the beneficial interest in the TRIP Portfolio Assets represented thereby;
(2) the rights, but not the obligations, of Seller under the Harco Purchase Agreement; and
(3) the Retail Notes identified on the Schedule of Retail Notes delivered to the Buyer on the date hereof and the Related Retail Note Assets.
Initial Purchase and Sale. Upon the terms and subject to the conditions of this Agreement, at the Closing the Seller shall sell, assign, transfer, convey and deliver, or cause to be sold, assigned, transferred, conveyed and delivered, to AJI 4,366 shares of the Company held by the Seller, representing 44.1% of the outstanding share capital of the Company (the “Initial Shares”) and enter into the IPLA, the Restated Parts Supply Agreement, Lease Agreements, Utility Agreement, and the other identified Ancillary Agreements, and the Purchaser shall pay to the Seller the Initial Purchase Price.
Initial Purchase and Sale. (a) Subject to the terms and ------------------------- conditions set forth herein, the Company shall issue, sell, and grant to the Purchaser, and the Purchaser shall purchase from the Company, five hundred (500) Shares (the "Initial Shares") and the Option (as defined in Section 13), as provided below.
(b) The Preferred Stock shall have the respective rights, preferences and privileges set forth in Exhibit A attached hereto, which shall be incorporated into a Certificate of Designation to be filed on or prior to the Initial Closing (as defined below) by the Company with the Secretary of State of Florida (the "Certificate of Designation").
Initial Purchase and Sale. On the terms and subject to the satisfaction or waiver of the conditions to the Initial Closing set forth in this Agreement, at the Initial Closing, the Purchaser shall purchase, and the Company shall issue and sell to the Purchaser, (i) the Initial Closing Preferred Shares for a purchase price of $987.50 per share (the “Preferred Shares Purchase Price”) and (ii) the Initial Closing Common Shares with an original purchase price of $0.001 per share (subject to equitable adjustment for any stock dividend (including any dividend of securities convertible into or exchangeable for Common Stock), stock split (including a reverse stock split), stock combination, reclassification or similar transaction occurring on or after the date of this Agreement and prior to the Initial Closing), the “Common Shares Purchase Price”), for an aggregate purchase price of the Initial Closing Shares delivered at the Initial Closing of $345,632,098.765 (the “Initial Purchase Price”) (such transaction, the “Initial Purchase and Sale”). The Initial Closing Preferred Shares and all other shares of the Series A Preferred Stock shall have the rights, powers, preferences and privileges set forth in the Certificate of Designations (the “Certificate of Designations”) attached as Exhibit B.
Initial Purchase and Sale. Subject to the terms and conditions set forth in this Agreement, the Investor hereby agrees to purchase from the Company, and the Company hereby agrees to issue and sell to the Investor, 2,110,347 shares (the "INITIAL SHARES") of the Company's 7% Senior Pay-in-Kind Non-Voting Convertible Preferred Stock (the "SENIOR PREFERRED STOCK"), at a price of $11.85 per share, for an aggregate purchase price (the "INITIAL PURCHASE PRICE") of $25,000,000 (the "INITIAL PURCHASE").
Initial Purchase and Sale. The Company shall issue and sell to Purchaser, and Purchaser shall purchase and acquire from the Company (the “Initial Investment”), (i) 5,610,923 shares (the “Initial Shares”) of Common Stock for $4.10 per share and (ii) a Warrant exercisable for 1,706,151 shares of Common Stock (the “Initial Warrant”) with a per share reference price of $4.10 per share of Common Stock, for an aggregate purchase price of $30,000,003.40 (the “Initial Purchase Price”).
