Issuance and Sale of the Securities. When issued and paid for in accordance with this Agreement, the Shares to be sold hereunder by the Company will be validly issued and outstanding, fully paid and non-assessable.
Issuance and Sale of the Securities. At the Closing, the Company shall issue and sell to the Investor, and such Investor shall purchase from the Company, (i) 1,296,296 Shares at a purchase price equal to $0.27 per Share (the “Purchase Price”), for aggregate gross proceeds of $349,999.92 and (ii) a Warrant to purchase 518,518 Warrant Shares, representing 40% of the Shares purchased by the Investor, at an exercise price of $0.38 per share.
Issuance and Sale of the Securities. At the Closing, the Company shall issue and sell to the Investor, and such Investor shall purchase, for an aggregate purchase price of $________ (the “Purchase Price”), from the Company, a Note in the principal amount of $________.
Issuance and Sale of the Securities. 6 2.1 Authorization of the Securities . . . . . . . . . . . . . 6 2.2 Issuance and Sale of the Securities . . . . . . . . . . . 6 2.3 Additional Issuances and Sales of the Securities. . . . . 6
Issuance and Sale of the Securities. At the Initial Closing, on the terms and subject to the conditions of this Agreement, the Company shall issue to the Purchaser and the Purchaser shall purchase from the Company (a) 500 Preferred Shares for aggregate consideration of $500,000.00, and (b) Warrants initially exercisable for the purchase of 100,000 Warrant Shares.
Issuance and Sale of the Securities. At the Closing, on the terms and subject to the conditions of this Agreement, the Company shall issue to the Purchaser (a) 60,000 Preferred Shares, (b) Warrants (other than the Series E Warrants) initially exercisable for an aggregate of 971,430 Warrant Shares, and (c) a Note in the aggregate principal amount of $20,000,000, for an aggregate purchase price of $16,000,000. For federal income tax purposes, the Company and the Purchaser agree that the aggregate amount paid by the Purchaser for (i) the Preferred Shares is $6,000,000, (ii) the Warrants (other than the Series E Warrants) is $0, and (iii) the Notes is $10,000,000. Neither the Company nor the Purchaser shall file any Tax Return or take any position with any taxing authority inconsistent with the preceding sentence.
Issuance and Sale of the Securities. 9 2.1 Authorization of the Securities..................................9 2.2 Issuance and Sale of the Securities. ............................9
Issuance and Sale of the Securities. At the Initial Closing, on the terms and subject to the conditions of this Agreement, the Company shall issue to the Purchaser and the Purchaser shall purchase from the Company (a) Debentures in the aggregate principal amount of $2,000,000.00, and (b) Warrants initially exercisable for an aggregate of 1,283,697 Warrant Shares (the number of Warrant Shares shall be determined by dividing the aggregate principal amount of the Debentures by the Conversion Price (as defined in the Debentures) of the Debentures on their Issue Date (as defined in the Debentures)). For federal income tax purposes, the Company and the Purchaser agree that the aggregate amount paid by the Purchaser for (i) the Debentures is their principal amount, and (ii) the Warrants is $0. Neither the Company nor the Purchaser shall file any Tax Return or take any position with any taxing authority inconsistent with the preceding sentence.
Issuance and Sale of the Securities. Upon the terms and subject to the conditions set forth in this Agreement, at the Closing, the Company will issue, sell, transfer, assign, convey and deliver to the Purchaser (a) 420,857 shares of Series I Preferred Stock (the "Purchaser Preferred Stock"), and (b) 34,425,345 shares of the Company's Common Stock (the "Purchaser Common Stock" and collectively with the Purchaser Preferred Stock, the "Securities"), and the Purchaser will purchase, acquire and accept from the Company the Securities, for the consideration set forth in Section 2.02.
Issuance and Sale of the Securities. At the Closing, the Company shall issue and sell to the Investor and the Investor shall purchase from the Company (i) the number of Shares set forth below the Investor’s name on the signature page of this Agreement at a purchase price equal to $1.45 per Share (the “Purchase Price”) and (ii) a Warrant to purchase three hundred seventy two thousand five hundred fifty two (372,552) Warrant Shares.
