Payment by the Purchasers Sample Clauses

Payment by the Purchasers. Each of the Purchasers shall be --------------------------------------- prepared to pay the aggregate purchase price for its Purchased Shares and its Warrant.
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Payment by the Purchasers. Each Purchaser shall have purchased ------------------------- and paid for the Purchased Shares to be purchased by such Purchaser.
Payment by the Purchasers. Subject to the terms and conditions of this Agreement, at the Closing, the Purchaser hereby agrees to purchase the Shares from the Seller for the Purchase Price. At the Closing, the Purchaser shall pay to the Seller cash in the total amount of the Purchase Price by wire transfer in immediately available funds to such account as the Seller shall designate in writing. The term “Purchase Price” shall mean an amount equal to $2.90 per Share multiplied by the number of Shares being sold by the Seller and the aggregate Purchase Price to be paid by the Purchaser to the Seller for the Shares shall be $3,419,714.80.
Payment by the Purchasers. 15 6.4 Waiver................................................................................15 ARTICLE VII INDEMNIFICATION..............................................................15 7.1 Indemnification.......................................................................15 7.2 Notification..........................................................................16
Payment by the Purchasers. Each Purchaser shall have purchased ------------------------- and paid for the Purchased Shares to be purchased by such Purchaser, and the aggregate purchase price paid by the Purchasers for the Purchased Shares being purchased at the Closing shall be $23,697,000.
Payment by the Purchasers. Subject to the terms and conditions of this Agreement, at the Closing, each Purchaser hereby agrees to purchase for cash the number of Shares set forth opposite his or her name on Exhibit A from the Seller for the Purchase Price to be paid by such Purchaser as set forth on Exhibit A. At the Closing, each Purchaser shall pay the Purchase Price by wire transfer of immediately available funds to such account as the Seller shall designate in writing.
Payment by the Purchasers. The aggregate purchase price (as ------------------------- adjusted, the "Purchase Price") to be paid to the Sellers for the Acquired -------------- Louisiana Assets of BESI, the Acquired Other Assets of BESI and the Acquired Stock is $143,000,000 (subject to any adjustment made pursuant to Section 2.2 ----------- and Article IX) which shall be paid as provided below. On the Closing Date, ---------- Purchasers shall deliver an amount equal to $140,000,000 minus the Estimated ----- Accounts Receivable Amount (the "Cash Portion") in cash in accordance with the ------------ Schedule of Sellers by wire transfer of immediately available funds, and the ------------------- Purchasers shall maintain in an interest-bearing (calculated at the money market rate listed by American National Bank from time to time) book entry account of the Purchasers an amount equal to $3,000,000 (the "Holdback"); provided, -------- -------- however, if the Sellers, in their reasonable discretion, determine that the ------- Holdback is or may be subject to a Lien by any third party then, upon receipt of written notice from the Sellers to such effect, the Purchasers shall deposit the Holdback into an escrow account established by a mutually acceptable escrow agent pursuant to the terms of a mutually acceptable escrow agreement (with terms consistent with this Agreement and the other Transaction Documents). The Holdback shall be available as a non-exclusive remedy for the Purchasers to satisfy any amounts owing to the Purchasers pursuant to Section 2.2 and/or ----------- Section 9.2. The Cash Portion is subject to adjustment pursuant to Section 2.2. ----------- -----------
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Related to Payment by the Purchasers

  • Payment by the Company If the Registration Statement covering the Registrable Securities required to be filed by the Company pursuant to Section 2(a) hereof is not declared effective within one hundred twenty (120) calendar days following the Due Date, then the Company shall pay the Initial Investor 2% of the purchase price paid by the Initial Investor for the Registrable Securities pursuant to the Subscription Agreement for every thirty day period, or portion thereof, following the one hundred twenty (120) calendar day period until the Registration Statement is declared effective. Notwithstanding the foregoing, the amounts payable by the Company pursuant to this provision shall not be payable to the extent any delay in the effectiveness of the Registration Statement occurs because of an act of, or a failure to act or to act timely by the Initial Investor or its counsel. The above damages shall continue until the obligation is fulfilled and shall be paid within 5 business days after each 30 day period, or portion thereof, until the Registration Statement is declared effective. Failure of the Company to make payment within said 5 business days shall be considered a default. The Company acknowledges that its failure to have the Registration Statement declared effective within said one hundred twenty (120) calendar day period following the Due Date, will cause the Initial Investor to suffer damages in an amount that will be difficult to ascertain. Accordingly, the parties agree that it is appropriate to include in this Agreement a provision for liquidated damages. The parties acknowledge and agree that the liquidated damages provision set forth in this section represents the parties' good faith effort to quantify such damages and, as such, agree that the form and amount of such liquidated damages are reasonable and will not constitute a penalty. The payment of liquidated damages shall not relieve the Company from its obligations to register the Common Stock and deliver the Common Stock pursuant to the terms of this Agreement, the Subscription Agreement and the Debenture.

  • Performance by the Purchasers Each Purchaser shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Purchasers at or prior to the Closing Date.

  • Deliveries by the Purchaser At the Closing, the Purchaser shall deliver or cause to be delivered the following to the Company:

  • Assignment by the Seller The Seller shall assign (exclusive of the Seller’s rights arising under Section 8.02(iii) and 8.03), its interest under this Agreement to the Depositor, which in turn shall assign such rights to the Trustee, and the Trustee then shall succeed to all rights of the Seller under this Agreement.

  • Performance by the Purchaser The Purchaser shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Purchaser at or prior to the Initial Closing and as of each Settlement Date.

  • Indemnity by the Purchaser The Purchaser shall indemnify the Vendor’s Indemnified Parties and save them fully harmless against, and will reimburse them for, any Damages arising from, in connection with or related in any manner whatsoever to:

  • Assignment by the Company The rights, interests or obligations of the Company hereunder may not be assigned, by operation of law or otherwise, in whole or in part, by the Company without the prior written consent of the Investor.

  • Assignment by the Seller or the Servicer Notwithstanding anything to the contrary contained herein, except as provided in Sections 6.04 and 7.03 of this Agreement and as provided in the provisions of this Agreement concerning the resignation or termination of the Servicer, this Agreement may not be assigned by the Seller or the Servicer.

  • Termination by the Purchaser This Agreement may be terminated by the Purchaser at any time prior to the Effective Time if:

  • Reimbursement by the Lenders To the extent that the Borrower for any reason fails to indefeasibly pay any amount required under Section 9.5.1 or 9.5.2 to be paid by it to the Administrative Agent (or any sub-agent thereof), the Issuing Bank, the Swingline Lender or any Related Party of any of the foregoing, each Lender severally agrees to pay to the Administrative Agent (or any such sub-agent), the Issuing Bank, the Swingline Lender or such Related Party, as the case may be, such Lender’s Applicable Percentage of such unpaid amount (including any such unpaid amount in respect of a claim asserted by such Lender); provided that, with respect to such unpaid amounts owed to the Issuing Bank or the Swingline Lender solely in their respective capacities as such, only the Lenders holding outstanding Loans shall be required to pay such unpaid amounts, such payment to be made severally among them based on each such Lender’s Applicable Percentage; provided further that the unreimbursed expense or indemnified loss, claim, damage, liability or related expense, as the case may be, was incurred by or asserted against the Administrative Agent (or any such sub-agent), against the Issuing Bank or the Swingline Lender in their respective capacities as such, or against any Related Party of any of the foregoing acting for the Administrative Agent (or any such sub-agent) or the Issuing Bank or the Swingline Lender in connection with such capacity. The obligations of the Lenders under this Section 9.5.3 are subject to the provisions of Section 9.4.

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