Issuance of Note and Warrants. At the Closing, the Company agrees to issue and sell to the Purchaser, and, subject to all of the terms and conditions hereof, the Purchaser agrees to purchase an unsecured convertible promissory note in the form attached hereto as Exhibit B (the “Note”) in the principal amount set forth opposite the Purchaser’s name on Schedule I hereto. In conjunction with the sale of the Note, at the Closing, the Company also agrees to issue warrants for the purchase of the number of shares of Common Stock, set forth opposite the Purchaser’s name on Schedule I hereto, in the form attached hereto as Exhibit C (the “Warrants”).
Issuance of Note and Warrants. In consideration of, and in express reliance upon, the representations, warranties and covenants set forth herein and subject to the terms and conditions set forth in this Agreement, at the Closing, the Company shall issue to the Investor, and the Investor shall procure from the Company, in consideration for the Investor’s funding of the Loan Amount, the Note and the Warrants registered in the name of the Investor. The Loan Amount shall be delivered at the Closing by wire transfer of immediately available funds to the following account: [____________]
Issuance of Note and Warrants. At the Closing, the Company agrees to issue and sell to the Purchaser, and, subject to all of the terms and conditions hereof, the Purchaser agrees to purchase a senior secured convertible promissory note in the form attached hereto as Exhibit B (the “Note”) in the principal amount set forth opposite the Purchaser’s name on Schedule I hereto. In conjunction with the sale of the Note, at the Closing, the Company also agrees to issue warrants for the purchase of 714,286 shares of Company common stock (“Common Stock”), in the form attached hereto as Exhibit C (the “Warrants”). The Company and [Subsidiary Name Redacted], shall also execute and delivered to the Purchaser (i) two Security Interest Guarantee Agreements dated as of the date hereof, the form of which is attached hereto as Exhibit D-1 (as the same may be amended, supplemented or restated from time to time, the “Peruvian Security Agreements”) and (ii) two Security Agreements dated as of the date hereof, the form of which is attached hereto as Exhibit D-2 (as the same may be amended, supplemented or restated from time to time, the “US Security Agreements”, and with the Peruvian Security Agreements, the “Security Agreements”) and Purchaser shall have the rights and obligations hereunder and thereunder *** Confidential treatment requested pursuant to a request for confidential treatment filed with the Securities and Exchange Commission. Omitted portions have been filed separately with the Commission.
Issuance of Note and Warrants. At the Closing, Subsidiary will issue and sell to the Purchaser, and, subject to all of the terms and conditions hereof, the Purchaser will purchase from Subsidiary, a secured promissory note in the form attached hereto as Exhibit B (the “Note”) in the principal amount of $300,000 (the “Purchase Price”). In conjunction with the sale of the Note, at the Closing, Parent also agrees to issue warrants for the purchase of 30,227,500 shares of Common Stock, in the form attached hereto as Exhibit C (the “Warrants”). Further, at the Closing, (i) the Purchaser and Subsidiary shall enter into that certain Security Agreement, dated as of the date hereof, the form of which is attached hereto as Exhibit D (the “Security Agreement”) and the parties shall have the rights and obligations hereunder and thereunder, and (ii) Parent shall execute and deliver a guaranty agreement of the Subsidiary, in the form attached hereto as Exhibit E (the “Guaranty Agreement”).
Issuance of Note and Warrants
