Common use of Issuance and Sale of the Shares and Warrants Clause in Contracts

Issuance and Sale of the Shares and Warrants. On the terms and subject to the conditions hereof, each Additional Investor agrees, severally but not jointly, to purchase, and the Company agrees to issue and sell to each such Additional Investor, at the Closing: (a) the number of shares of Common Stock set forth opposite the name of such Additional Investor on Schedule A at a purchase price of $2.50 per share, and (b) Warrants to purchase the number of shares of Common Stock set forth opposite the name of such Additional Investor on Schedule A at a price of $2.75 per share of Common Stock, as that amount may be adjusted pursuant to the Warrants.

Appears in 3 contracts

Samples: Investors’ Rights Agreement (KFX Inc), Warrant Purchase Agreement (Westcliff Capital Management LLC/Ca), Warrant Purchase Agreement (Westcliff Capital Management LLC/Ca)

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Issuance and Sale of the Shares and Warrants. On the terms and subject to the conditions hereof, each Additional Investor agrees, severally but not jointly, to purchase, and the Company agrees to issue and sell to each such Additional Investor, at the Closing: (a) the number of shares of Common Stock set forth opposite the name of such Additional Investor on Schedule A at a purchase price of $2.50 per share, and (b) Warrants to purchase the number of shares of Common Stock set forth opposite the name of such Additional Investor on Schedule A at a price of $2.75 per share of Common Stock, as that amount such number of the shares and price per share may be adjusted pursuant to the Warrants.

Appears in 2 contracts

Samples: Investors’ Rights Agreement (KFX Inc), Warrant Purchase Agreement (Westcliff Capital Management LLC/Ca)

Issuance and Sale of the Shares and Warrants. On the terms and -------------------------------------------- subject to the conditions hereof, each Additional Investor agrees, severally but not jointly, to purchase, and the Company agrees to issue and sell to each such Additional Investor, at the Closing: (a) the number of shares of Common Stock set forth opposite the name of such Additional Investor on Schedule A at a ----------- purchase price of $2.50 per share, and (b) Warrants to purchase the number of shares of Common Stock set forth opposite the name of such Additional Investor on Schedule A at a price of $2.75 per share of Common Stock, as that amount may ---------- be adjusted pursuant to the Warrants.

Appears in 1 contract

Samples: Warrant Purchase Agreement (KFX Inc)

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Issuance and Sale of the Shares and Warrants. On the terms and subject to the conditions hereof, each Additional Investor agrees, severally but not jointly, to purchase, and the Company agrees to issue and sell to each such Additional Investor, at the Closing: (a) the number of shares of Common Stock set forth opposite the name of such Additional Investor on Schedule A at a purchase price of $2.50 per share, and (b) Warrants to purchase the number of shares of Common Stock set forth opposite the name of such Additional Investor on Schedule A at a price of $2.75 per share of Common Stock, as that amount the number of such shares and price per share may be adjusted pursuant to the Warrants.

Appears in 1 contract

Samples: Investors’ Rights Agreement (KFX Inc)

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