Issuance of Warrant; Term. (a) For and in consideration of Harbinger Mezzanine Partners, L.P. making a loan to the Company in an amount of $5,000,000 (the “Loan”) pursuant to the terms of a secured promissory note of even date herewith (the “Note”) and related loan agreement of even date herewith (the “Loan Agreement”), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Company hereby grants to Holder the right to purchase 663,414 shares (“Base Amount”) of the Company’s Class A common stock (the “Common Stock”), which the Company represents to equal 15% of the shares of capital stock outstanding on the date hereof, calculated on a fully diluted basis and assuming exercise of this Warrant, provided that in the event that any portion of the indebtedness evidenced by the Note is outstanding on the following dates, the Base Amount shall be increased to the corresponding number set forth below: DATE BASE AMOUNT August 9, 2003 825,222 shares, which the Company represents to equal 18% of the shares of the Company’s capital stock outstanding on the date hereof calculated on a fully diluted basis after exercise of this Warrant August 9, 2004 999,320 shares, which the Company represents to equal 21% of the shares of the Company’s capital stock outstanding on the date hereof calculated on a fully diluted basis after exercise of this Warrant August 9, 2005 1,187,162 shares, which the Company represents to equal 24% of the shares of the Company’s capital stock outstanding on the date hereof calculated on a fully diluted basis after exercise of this Warrant August 9, 2006 1,253,115 shares, which the Company represents to equal 25% of the shares of the Company’s capital stock outstanding on the date hereof calculated on a fully diluted basis after exercise of this Warrant
Issuance of Warrant; Term. (a) For and in consideration of FINOVA MEZZANINE CAPITAL INC. agreeing to subordinate its loan to the Company in an amount of Six Million and no/100ths Dollars ($6,000,000) pursuant to the terms of one or more secured promissory notes (as amended from time to time, collectively the "Note") and related loan agreement dated May 29, 1998 (as amended from time to time, the "Loan Agreement") to a senior credit facility from The Provident Bank in a principal amount not exceeding $10,000,000, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Company hereby grants to Holder the right to purchase _______ shares of the Company's common stock (the "Common Stock"), which the Company represents to equal 3.0% of the shares of capital stock outstanding on the date hereof, calculated on a fully diluted basis and assuming exercise of this Warrant, provided that in the event that (i) the Company's EBITDA (as hereinafter defined) exceeds $2,700,000 for the fiscal year ending June 30, 1999 and $3,215,200 for the fiscal year ending June 30, 2000, or (ii) the Company receives additional cash equity or indebtedness subordinate in all respects to the Note, the related loan and collateral documents, and the related security interests and liens in an amount of at least $3,000,000 pursuant to an arm's-length bona fide transaction prior to December 31, 1999, this Warrant Agreement shall terminate and Holder shall not be entitled to purchase any Shares (as hereinafter defined) hereunder. For purposes of this Warrant Agreement the term "
Issuance of Warrant; Term. In the event that (a) Company or any of ------------------------- Company's successors or assigns (an "Affiliated Entity") shall cause to be made or shall be involved in a public offering of its stock (an "IPO") within ten (10) years from the date hereof, and (b) there has been no acquisition or merger of the Company prior to the time of the IPO as described in Paragraph 7 hereunder, Holder shall have the right to acquire from the Company Common Stock of the Company at a price equal to the IPO price, with the maximum number of shares which Holder shall have the right to purchase to be determined as follows:
Issuance of Warrant; Term. The Company hereby grants to Holder, subject to the provisions hereinafter set forth, the right to purchase _________________ shares of common stock $.003 par value per share, of the Company (the "Common Stock"). The shares of Common Stock issuable upon exercise of this Warrant are hereinafter referred to as the "Shares." This Warrant shall be exercisable at any time before 5:00 p.m. (Houston, Texas time) on December 31, 2001.
Issuance of Warrant; Term. For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Company hereby grants to Holder, subject to the provisions hereinafter set forth, the right to purchase 125,000 shares of the Company's Common Stock, $.0000l par value per share (the "Common Stock"), (this "Warrant"). The shares of Common Stock issuable upon exercise of this Warrant are hereinafter referred to as the "Shares". This Warrant shall be exercisable at any time after the date hereof and on or before 5:00 p.m. on the 2nd day of April, 2002. The number of Shares issuable upon exercise of this Warrant shall be subject to adjustment as hereinafter set forth.
Issuance of Warrant; Term. (a) For and in consideration of good and valuable consideration, the receipt and sufficiency of all of which are hereby acknowledged, Bellatora, Inc.. (the "Company") hereby grants to Coral Investment Partners, LP. ("Holder") the right to purchase FIFTY MILLION (50,000,000) shares of the Company's Common Stock, $.001 par value per share (the "Common Stock").
Issuance of Warrant; Term. In the event that (a) Company or any of ------------------------- Company's successors or assigns (an "Affiliated Entity") shall cause to be made or shall be involved in a public offering of its stock (an "IPO") within ten (10) years from the date hereof, and (b) there has been no acquisition or merger of the Company prior to the time of the IPO as described in Paragraph 7 hereunder, Holder shall have the right to acquire from the Company Common Stock of the Company at a price equal to the IPO price, with the maximum number of shares which Holder shall have the right to purchase to be determined as follows: $565,875 / Initial IPO Price Per Share = Maximum Number of Option Shares The shares of Common Stock issuable upon exercise of this Warrant are hereinafter referred to as the "Shares." The option described pursuant to this Paragraph 1 shall only be exercisable during the ten (10) year period commencing with the date of the successful completion of the IPO (the "Exercise Period"). The exercise of, or the failure to exercise, this Warrant during the Exercise Period shall terminate all other rights of Holder hereunder.
Issuance of Warrant; Term. (a) For and in consideration of Petra Mezzanine Fund, L.P. ("Petra") making a loan (the "Petra Loan") to the Company, in an amount of Four Million Dollars ($4,000,000) pursuant to the terms of a secured promissory note of even date herewith (together with any and all extensions, replacements and renewals thereof, the "Note") and related loan and security agreement of even date herewith (as amended, supplemented or otherwise modified from time to time, the "Loan Agreement"), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Company hereby grants to Holder the right to purchase 533,333 shares of the Company's common stock, $0.001 par value per share (the "Common Stock").
Issuance of Warrant; Term. For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Company hereby grants to Holder the right to purchase from the Company [•]3 fully paid and nonassessable shares of the Company’s voting common stock having a par value $0.001 per share (the “Company Common Stock”). The shares of Company Common Stock issuable upon exercise of this Warrant are hereinafter referred to as the “Underlying Shares.” This Warrant shall be exercisable at any time and from time to time, in whole or in part, during the seven (7) year period commencing on the date hereof (the last day of this seven (7) year period is referred to as the “Expiration Date”).
Issuance of Warrant; Term. For and in consideration of SIRROM CAPITAL CORPORATION making a loan to the Company in an amount of One Million Five Hundred Thousand and no/100ths Dollars ($1,500,000) pursuant to the terms of a secured promissory note of even date herewith (the "Note") and related loan agreement of even date herewith (the "Loan Agreement"), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Company hereby grants to Holder the right to purchase 5,429 shares ("Base Amount") of the Company's common stock (the "Common Stock"), provided that in the event that any portion of the indebtedness evidenced by the Note is outstanding on the following dates, the Base Amount shall be increased to the corresponding number set forth below: DATE BASE AMOUNT -------------------- --------------------- May 13, 1999 7,239 shares May 13, 2000 9,085 shares May 13, 2001 10,967 shares The shares of Common Stock issuable upon exercise of this Warrant are hereinafter referred to as the "Shares." This Warrant shall be exercisable at any time and from time to time from the date hereof until June 30, 2001.
