Issuance of New Warrants. On or before March 31, 2011, Borrower shall issue to each Lender a New Warrant for the purchase of the Borrower’s Series C Preferred Stock in a total aggregate price to all Lenders of $250,000, which series of preferred stock is to be authorized, designated, issued and sold for purposes of an equity financing of Borrower after the date hereof in the amount of at least $60,000,000 (the “Series C Offering”). In the event that the Series C Offering is not completed by such date, then in such event, Borrower shall issue to each Lender a New Warrant for the purchase of Borrower’s existing Series B Preferred Stock in a total aggregate price to all Lenders of $250,000 with an exercise price of $9.84, and Borrower shall take all steps necessary to authorize additional shares of Series B Preferred Stock (with identical terms, rights and privileges as the authorized and issued Series B Preferred Stock) for issuance under the New Warrant, including the amendment of Borrower’s Amended and Restated Certificate of Incorporation of Kior, Inc. Borrower’s failure to issue and deliver the New Warrants to Lenders by March 31, 2011 shall be an Event of Default. VIII. Section 7 of the Agreement. Section 7.11 of the Agreement shall be deleted and replaced with the following:
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Issuance of New Warrants. On or before March 31, 2011, . Borrower shall issue to each Lender a New Warrant for the purchase of the $50,000 of Borrower’s Series C Preferred Stock in a total aggregate price to all Lenders of $250,000Stock, which series of preferred stock is to be authorized, designated, issued and sold for purposes of an equity financing of Borrower after the date hereof in the amount of at least $60,000,000 (the “Series C Offering”). In the event that the Series C Offering is not completed by such date, then in such event, Borrower shall issue to each Lender a New Warrant for the purchase of 5,081 shares of Borrower’s existing Series B Preferred Stock in a total aggregate price to all Lenders of $250,000 Stock, with an exercise price of $9.84, and Borrower shall take all steps necessary to authorize additional shares of Series B Preferred Stock (with identical terms, rights and privileges as the authorized and issued Series B Preferred Stock) for issuance under the New Warrant, including the amendment of Borrower’s Amended and Restated Certificate of Incorporation of Kior, Inc. Borrower’s failure to issue and deliver the New Warrants to Lenders Lender by March 31, 2011 shall be an Event of Default.
VIII. Section 7 of the Agreement. Section 7.11 of the Agreement shall be deleted and replaced with the following:
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Issuance of New Warrants. On or before March 31May 15, 2011, Borrower shall issue to each Lender a New Warrant for the purchase of the Borrower’s Series C Preferred Stock in a total aggregate price to all Lenders of $250,000, which series of preferred stock is to be authorized, designated, issued and sold for purposes of an equity financing of Borrower after the date hereof in the amount of at least $60,000,000 35,000,000 (the “Series C Offering”). In the event that the Series C Offering is not completed by such date, then in such event, Borrower shall issue to each Lender a New Warrant for the purchase of Borrower’s existing Series B Preferred Stock in a total aggregate price to all Lenders of $250,000 with an exercise price of $9.849.804, and Borrower shall take all steps necessary to authorize additional shares of Series B Preferred Stock (with identical terms, rights and privileges as the authorized and issued Series B Preferred Stock) for issuance under the New Warrant, including the amendment of Borrower’s Amended and Restated Certificate of Incorporation of Kior, Inc. Borrower’s failure to issue and deliver the New Warrants to Lenders by March 31May 15, 2011 shall be an Event of Default.
VIII. Section 7 of the Agreement. Section 7.11 of the Agreement shall be deleted and replaced with the following:
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Issuance of New Warrants. On or before March 31May 15, 2011, Borrower shall issue to each Lender a New Warrant for the purchase of the $50,000 of Borrower’s Series C Preferred Stock in a total aggregate price to all Lenders of $250,000Stock, which series of preferred stock is to be authorized, designated, issued and sold for purposes of an equity financing of Borrower after the date hereof in the amount of at least $60,000,000 35,000,000 (the “Series C Offering”). In the event that the Series C Offering is not completed by such date, then in such event, Borrower shall issue to each Lender a New Warrant for the purchase of 5,100 shares of Borrower’s existing Series B Preferred Stock in a total aggregate price to all Lenders of $250,000 Stock, with an exercise price of $9.849.804, and Borrower shall take all steps necessary to authorize additional shares of Series B Preferred Stock (with identical terms, rights and privileges as the authorized and issued Series B Preferred Stock) for issuance under the New Warrant, including the amendment of Borrower’s Amended and Restated Certificate of Incorporation of Kior, Inc. Borrower’s failure to issue and deliver the New Warrants to Lenders Lender by March 31May 15, 2011 shall be an Event of Default.
VIII. Section 7 of the Agreement. Section 7.11 of the Agreement shall be deleted and replaced with the following:
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Issuance of New Warrants. On or before March 31, . 2011, Borrower shall issue to each Lender a New Warrant for the purchase of the Borrower’s Series C Preferred Stock in a total aggregate price to all Lenders of $250,000S250,000, which series of preferred stock is to be authorized, designated, issued and sold for purposes of an equity financing of Borrower after the date hereof in the amount of at least $60,000,000 (the “Series C Offering”). In in the event that the Series C Offering is not completed by such date, then in such event, Borrower shall issue to each Lender a New Warrant for the purchase of Borrower’s existing Series B Preferred Stock in a total aggregate price to all Lenders of $250,000 with an exercise price of $9.84, and Borrower shall take all steps necessary to authorize additional shares of Series B Preferred Stock (with identical terms, rights and privileges as the authorized and issued Series B Preferred Stock) for issuance under the New Warrant, including the amendment of Borrower’s Amended and Restated Certificate of Incorporation of Kior, Inc. Borrower’s failure to issue and deliver the New Warrants to Lenders by March 31, 2011 shall be an Event of Default.
VIII. Section 7 of the Agreement. Section 7.11 of the Agreement shall be deleted and replaced with the following:
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Issuance of New Warrants. On or before March 31, 2011, Borrower shall issue to each Lender a New Warrant for the purchase of the $50,000 of Borrower’s Series C Preferred Stock in a total aggregate price to all Lenders of $250,000Stock, which series of preferred stock is to be authorized, designated, issued and sold for purposes of an equity financing of Borrower after the date hereof in the amount of at least $60,000,000 (the “Series C Offering”). In the event that the Series C Offering is not completed by such date, then in such event, Borrower shall issue to each Lender a New Warrant for the purchase of 5,081 shares of Borrower’s existing Series B Preferred Stock in a total aggregate price to all Lenders of $250,000 Stock, with an exercise price of $9.84, and Borrower shall take all steps necessary to authorize additional shares of Series B Preferred Stock (with identical terms, rights and privileges as the authorized and issued Series B Preferred Stock) for issuance under the New Warrant, including the amendment of Borrower’s Amended and Restated Certificate of Incorporation of Kior, Inc. Borrower’s failure to issue and deliver the New Warrants to Lenders Lender by March 31, 2011 shall be an Event of Default.
VIII. Section 7 of the Agreement. Section 7.11 of the Agreement shall be deleted and replaced with the following:
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