Payment of Purchase Price; Delivery of Securities. (a) At the Initial Closing or at any Subsequent Closing, as applicable, as consideration in full for the Series A Shares being purchased by it under this Agreement at the applicable Closing, each Investor, severally and not jointly, shall by wire transfer of immediately available funds in the lawful currency of the United States to the account specified in Schedule 3.2(a) transfer the Initial Purchase Price with respect to the Initial Closing or the purchase price set forth in the applicable Payment Notice with respect to any Subsequent Closing, as applicable.
(b) Subject to the terms of the Stock Pledge Agreement, at the Initial Closing or any Subsequent Closing, as applicable, the Company shall promptly (and in any event within seven (7) days following the applicable Closing) issue and deliver to each Investor, one or more stock certificates, duly executed by the Company, representing the number of Series A Shares purchased by it set forth on Schedule 2.1 hereof with respect to the Initial Closing or as set forth in the applicable Payment Notice with respect to any Subsequent Closing.
(c) At the Initial Closing, the Company shall execute and deliver to, each Investor purchasing Warrants (as identified on Schedule 2.1), a Warrant, duly executed by the Company, for the purchase of that number of shares of the Company’s Series A Convertible Preferred Stock as set forth on Schedule 2.1 hereof.
Payment of Purchase Price; Delivery of Securities. On the Closing Date, each Buyer shall pay the principal amount as set forth on each Buyer’s respective signature page hereto (the “Purchase Price”) to the Company by wire transfer of immediately available funds in accordance with the Company’s written wire instructions and the Company shall issue to each Buyer a Convertible Note with the principal amount set forth on such Buyer’s respective signature page hereto, and Warrants to acquire Warrant Shares in the amount as indicated on the signature page hereto, in all cases, duly executed on behalf of the Company and registered in the name of such Buyer or its designee.
Payment of Purchase Price; Delivery of Securities. As consideration for the issuance of the Securities being purchased at each Closing, the Investor shall on the respective Closing Date pay to the Company, by wire transfer or other form of immediately available funds, an amount equal to applicable Purchase Price for the Securities being purchased at such Closing, and the Company shall, against payment by the Investor of the applicable Purchase Price, (i) issue to the Investor the Warrants included in the Units being purchased at such Closing and (ii) execute and deliver to the transfer agent for the Common Stock irrevocable instructions to issue to the Investor the number of Shares included in the Units being purchased at such Closing.
Payment of Purchase Price; Delivery of Securities. On the Closing Date, (i) each Buyer shall pay its respective purchase price, consisting of an amount equal to the face value of the Notes set forth on such Buyer’s signature page to this Agreement (in each instance, the “Purchase Price”) to the Company by wire transfer of immediately available funds in accordance with the Company’s written wire instructions and (ii) the Company shall issue and deliver to each Buyer one or more promissory notes evidencing the Notes purchased by such Buyers hereunder.
Payment of Purchase Price; Delivery of Securities. Buyer shall pay the applicable Purchase Price to the Company for the common shares to be issued and sold to Buyer by wire transfer of immediately available funds in accordance with the Company’s written wire instructions and (ii) the Company shall issue to Buyer the common shares for such Closing, duly executed on behalf of the Company and registered in the name of Buyer or its designee.
Payment of Purchase Price; Delivery of Securities. On the Closing Date, (i) each Buyer shall pay its respective purchase price, consisting of $0.18 per share of Common Stock and/or $0.17 per Pre-Funded Warrant (in each instance, the “Purchase Price”) for the number of shares of Common Stock and/or Pre-Funded Warrants set forth on such Buyer’s signature page to this Agreement, to the Company by wire transfer of immediately available funds in accordance with the Company’s written wire instructions and (ii) the Company shall issue and cause its transfer agent to deliver to each Buyer one or more stock certificates evidencing the aggregate number of shares of Common Stock purchased by such Buyers hereunder and/or the Company shall issue and deliver to each Buyer one or more Pre-Funded Warrants evidencing the Pre-Funded Warrants purchased by such Buyers hereunder.
Payment of Purchase Price; Delivery of Securities. At the Closing:
(a) Buyer shall deliver to Sellers by Wire Transfer an aggregate amount equal to the Estimated Purchase Price in such proportions and to such accounts as specified in writing by a duly authorized officer of Seller Parent to Buyer no later than three (3) days prior to the Closing;
(b) Sellers shall (i) deliver to Buyer certificates representing all of the Shares, which shall in each case be free and clear of all Encumbrances, duly endorsed in blank or accompanied by duly executed instruments of transfer acceptable to Buyer and accompanied by all requisite stock transfer tax stamps, (ii) deliver to Buyer certificates duly executed by Sellers acknowledging the transfer of all of the Units to Buyer, which shall in each case be free and clear of all Encumbrances and all requisite transfer taxes shall have been paid by the applicable Seller, and (iii) deliver to Buyer the Surplus Notes duly endorsed in blank or accompanied by duly executed instruments of transfer acceptable to Buyer, and in each case the Surplus Notes shall be free and clear of all Encumbrances and all requisite transfer taxes shall have been paid by the applicable Seller.
Payment of Purchase Price; Delivery of Securities. On the Closing Date, (i) Buyer shall pay the Purchase Price to the Company by wire transfer of immediately available funds in accordance with the Company’s written wire instructions and (ii) the Company shall issue to Buyer a Convertible Note in principal amount of $4.4 million (which amount shall include an Original Issue Discount of 10% or $400,000), and Warrants to acquire up to 17,446,000 Warrant Shares, in all cases, duly executed on behalf of the Company and registered in the name of Buyer or its designee.
Payment of Purchase Price; Delivery of Securities. On the Closing Date, (i) Buyer shall pay the Purchase Price to the Company for the respective Securities to be issued and sold to Buyer at the Closing, by wire transfer of immediately available funds in accordance with the Company’s written wire instructions and (ii) the Company shall issue to Buyer the Purchase Shares (pursuant to which Buyer initially shall have the right to acquire up to the aggregate number of Conversion Shares as is set forth on the Buyer Schedule in respect of such Purchase Shares) and the Warrants (pursuant to which Buyer initially shall have the right to acquire up to the aggregate number of Warrant Shares as is set forth on the Buyer Schedule in respect of such Warrants) as set forth on the Buyer Schedule, in all cases, duly executed on behalf of the Company and registered in the name of Buyer or its designee, all as set forth on the Buyer Schedule.
Payment of Purchase Price; Delivery of Securities. On the Closing Date, each Buyer shall pay its pro rata portion of an aggregate $500,000 (the “Purchase Price”) to the Company by wire transfer of immediately available funds in accordance with the Company’s written wire instructions and the Company shall issue to each Buyer a Convertible Note with a principal amount equal to such Buyer’s its pro rata portion of $525,000, duly executed on behalf of the Company and registered in the name of such Buyer or its designee.
