Issuance of Debentures. A sufficient number of Debentures issuable pursuant to this Subscription Agreement, but not more than 4.99% of the shares of Common Stock outstanding as of the date hereof (if the Company becomes listed on Nasdaq or the American Stock Exchange), has been duly authorized and reserved for issuance pursuant to this Subscription Agreement. Upon issuance in accordance with this Subscription Agreement, the Debentures will be validly issued, fully paid and nonassessable and free from all taxes, liens and charges with respect to the issue thereof. In the event the Company cannot register a sufficient number of shares of Common Stock, due to the remaining number of authorized shares of Common Stock being insufficient, the Company will use its best efforts to register the maximum number of shares it can based on the remaining balance of authorized shares and will use its best efforts to increase the number of its authorized shares as soon as reasonably practicable.
Issuance of Debentures. A sufficient number of Debentures issuable pursuant to this Subscription Agreement, but not more than four and ninety-nine one hundredths percent (4.99%) of the shares of Common Stock outstanding as of the date hereof (if, and only if, the Company becomes listed on Nasdaq or the American Stock Exchange), has been duly authorized and reserved for issuance pursuant to this Subscription Agreement. Upon issuance in accordance with this Subscription Agreement, the Debentures will be validly issued, fully paid for and nonassessable and free from all taxes, liens and charges with respect to the issue thereof. In the event the Company cannot register a sufficient number of shares of Common Stock, due to the remaining number of authorized shares of Common Stock being insufficient, the Company will use its best efforts to register the maximum number of shares it can based on the remaining balance of authorized shares and will use its best efforts to increase the number of its authorized shares as soon as reasonably practicable.
Issuance of Debentures. The sale of the Debentures and the issuance of the shares of Commons Stock pursuant to conversion hereof shall be made in accordance with the provision and requirements of Section 4(2) of the Securities Act, or Regulation D and any applicable state securities law.
Issuance of Debentures. Subject to all of the terms and conditions hereof, the Company agrees to sell to each Purchaser, and each Purchaser, severally and not jointly, agrees to purchase from the Company, a Debenture in the principal amount equal to the difference between (i) the amount of such Purchaser’s Subscription Amount and (ii) the amount of such Purchaser’s Warrant Purchase Price as the same shall be set forth on Schedule I attached hereto.
Issuance of Debentures. Upon the delivery of this Third Supplemental Indenture, Debentures in the aggregate principal amount of $_________ shall be issued and be Outstanding as provided in the Indenture.
Issuance of Debentures. 1. In any case in which a. the Trustee shall have directed the foreclosure and taking possession of the Facilities under the Deed of Trust and under applicable statutes,
Issuance of Debentures. This Debenture has been issued by the Company pursuant to the authorization of the Board of Directors of the Company (the "Board") and issued pursuant to a Securities Purchase Agreement, dated as of February 22, 2000, by and between the Company and the Purchaser identified therein (the "Securities Purchase Agreement"). Pursuant to the Securities Purchase Agreement, the Company issued $2,500,000 principal amount of the Debentures and warrants to purchase (the "Warrants") 250,000 shares of the Company's Common Stock. The Securities Purchase Agreement contains certain additional terms that are binding upon the Company and each Registered Holder of the Debentures. A copy of the Securities Purchase Agreement may be obtained by any registered holder of the Debentures from the Company upon written request. Capitalized terms used but not defined herein shall have the meanings set forth in the Securities Purchase Agreement, including the Exhibits thereto. This Debenture and the other 6% Convertible Debentures due 2002 issued by the Company pursuant to the terms of the Securities Purchase Agreement, together with any debentures from time to time issued in replacement thereof, whether pursuant to transfer and assignment, partial conversion thereof or otherwise, are collectively referred to herein as the "Debentures."
Issuance of Debentures a. The Debentures will be issued in the names and denominations as directed by GIVIGEST, provided, that COMPANY shall be entitled to request information from GIVIGEST concerning any purchaser and approve any purchaser of the Debentures, which approval shall not be unreasonably withheld or delayed.
Issuance of Debentures. At the Closing, the Company shall issue and deliver to the Investor pursuant to the Indenture one or more Debentures in an aggregate principal amount equal to $100 million against receipt by the Company of a wire transfer in the amount of $100 million to an account designated by the Company at least two business days prior to the Closing. Such Debentures shall be registered in the names designated by the Investor to the Company at least one business day prior to the Closing.
Issuance of Debentures. Upon surrender for registration of transfer or exchange of this Debenture to the Company, and satisfaction of the requirements for such transfer set forth herein, the Company shall execute, in the name of the designated transferee or exchanging party, one or more new Debentures of any authorized denominations and of a like aggregate principal amount. All Debentures issued upon any registration of transfer or exchange of a Debenture in accordance with the terms hereof shall be the valid obligations of the Company, evidencing the same debt, and entitled to the same benefits as the Debenture surrendered upon such registration of transfer or exchange.
