Investment in the Company. Prior to or concurrent with the execution of this Agreement, (i) Base Ten shall purchase 800,000 shares of the Company's Series A-3 Preferred Stock (the "BT Purchased Shares") for an aggregate purchase price of $200,000 ($0.25 per share), on the terms and conditions set forth in the Purchase Agreement, dated as of the date hereof, by and among Base Ten and the Company, substantially in the form of Exhibit A annexed hereto (the "Purchase Agreement"), and (ii) Xxxxx Xxxxxxx ("Xxxxxxx") shall execute and deliver to Base Ten a letter, substantially in the form of Exhibit B annexed hereto (the "Xxxxxxx Agreement"), by which Xxxxxxx shall agree to the terms of the Limited Put Option described in Section 1.11(a) hereof. The BT Purchased Shares shall be subject to the following Limited Put Option and Limited Call Right upon the termination of this Agreement as a result of the events specified below:
Investment in the Company. 1.1 Investment 1 1.2 Time and Place of Closing 1
Investment in the Company. 2.1 Allocation of the Aggregate Proceeds 13 2.2 Subscription for Subscription Shares 13 2.3 Satisfaction of the Subscription Price 15
Investment in the Company. Executive shall have the opportunity to invest in the Company through Xxxxxxx Equity Partners, L.P., a Delaware limited partnership, within a reasonable amount of time following the Effective Date, but in any event, no later than ninety (90) days after the Effective Date.
Investment in the Company. The Executive agrees that, as a condition to his employment with the Company, the Executive will invest on the Effective Date $500,000 in the Company, which investment shall be payable either in cash or with shares of common stock of Old NPF as shall be mutually agreed between the Company and the Executive, including, if feasible and not detrimental to the Company, a tax free rollover of options to purchase shares of common stock of Old NPF into shares of the Company. In connection with this investment, the Executive agrees to execute a Shareholder's Agreement between the Company and all of its shareholders.
Investment in the Company. The Directors shall accept subscriptions for Shares from such Persons, for an amount of such consideration (the "Subscription Amount") and on such terms as they may from time to time authorize. At the Directors' discretion, such Subscription Amounts, subject to applicable law and the provisions of Article VI, Section 1 hereof, may be in the form of cash or securities in which the corresponding Class of Shares is authorized to invest, valued as provided in Article VII, Section 3. Subject to the provisions of Article VI, Section 1 hereof, subscriptions for Shares shall be credited to the Stated Capital Account; provided, however, that the Directors may, in their sole discretion, (a) issue fractional Shares or (b) determine the Net Asset Value of the initial Subscription Amounts. The Directors shall have the right to refuse to accept subscriptions for Shares at any time without any cause or reason therefor whatsoever.
Investment in the Company. (i) The Purchaser understands that the Company proposes to issue and deliver to the Purchaser the Notes and the Warrants pursuant to this Agreement without compliance with the registration requirements of the Securities Act of 1933, as amended (the "Securities Act"); that for such purpose the Company will rely upon the Purchaser's representations and warranties contained therein; and that such non-compliance with registration is not permissible unless such representations and warranties are correct.
Investment in the Company. In the event this Agreement terminates for ------------------------- any reason other than pursuant to Section 8.1(e) above (the "Applicable Termination"), Corvis agrees to make the following investments in the Company on the terms and conditions set forth in this Section 8.3.
Investment in the Company. The Executive will have the opportunity to purchase up to $3,000,000 of common stock of the Company up until the sixtieth (60th) day following the Effective Date at the purchase date per share fair market value of the Company’s common stock, as determined by the Board of Directors, subject to his executing customary agreements in connection with the foregoing, including subscription documents and the Amended and Restated Stockholders Agreement among the Company and certain stockholders of the Company dated as of October 31, 2006, as such agreement may be amended from time to time.
Investment in the Company
