Common use of Preferred Shares and Warrants Clause in Contracts

Preferred Shares and Warrants. Subject to the satisfaction (or waiver) of the conditions set forth in Sections 6 and 7 below, the Company shall issue and sell to each Buyer, and each Buyer severally, but not jointly, agrees to purchase from the Company on the Closing Date (as defined below), the number of Preferred Shares, as is set forth opposite such Buyer’s name in column (3) on the Schedule of Buyers, along with Warrants to acquire that number of Warrant Shares as is set forth opposite such Buyer’s name in column (4) on the Schedule of Buyers.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Magnetar Capital Partners LP), Securities Purchase Agreement (Think Partnership Inc), Securities Purchase Agreement (Think Partnership Inc)

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Preferred Shares and Warrants. Subject to the satisfaction (or waiver) of the conditions set forth in Sections 6 and 7 below, the Company shall agrees to issue and sell to each Buyer, and each Buyer severally, but not jointly, agrees to purchase from the Company (the “Closing”) on the Closing Date (as defined below), (x) the number of Preferred Shares, as is set forth opposite such Buyer’s name in column (3) on the Schedule of Buyers, along with and (y) Warrants to acquire up to that number of Warrant Shares as is set forth opposite such Buyer’s name in column (4) on the Schedule of Buyers.

Appears in 2 contracts

Samples: Amended Securities Purchase Agreement (Recruiter.com Group, Inc.), Amended Securities Purchase Agreement (Recruiter.com Group, Inc.)

Preferred Shares and Warrants. Subject to the satisfaction (or waiver) of the conditions set forth in Sections 6 and 7 below, the Company shall issue and sell to each Buyer, and each Buyer severally, but not jointly, agrees to purchase from the Company on the Closing Date (as defined below), the number of Preferred Shares, Shares as is set forth opposite such Buyer’s name in column (3) on the Schedule of Buyers, along with Warrants to acquire that number of Warrant Shares as is set forth opposite such Buyer’s name in column (4) on the Schedule of Buyers.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Brooke Corp), Securities Purchase Agreement (Universal Food & Beverage Compny)

Preferred Shares and Warrants. Subject to the satisfaction (or waiver) of the conditions set forth in Sections 6 and 7 below, the Company shall agrees to issue and sell to each Buyer, and each Buyer severally, but not jointly, agrees to purchase from the Company on the Closing Date (as defined below), (x) the number of Preferred Shares, as is set forth opposite such Buyer’s name in column (3) on the Schedule of Buyers, along with and (y) Warrants to acquire up to that number of Warrant Shares as is set forth opposite such Buyer’s name in column (4) on the Schedule of BuyersBuyers up to an aggregate amount of $1,060,000.00 for all Buyers (the “Closing”).

Appears in 2 contracts

Samples: Securities Purchase Agreement (GridIron BioNutrients, Inc.), Securities Purchase Agreement (GridIron BioNutrients, Inc.)

Preferred Shares and Warrants. Subject to the satisfaction (or waiver) of the conditions set forth in Sections 6 and 7 below, the Company shall issue and sell to each Buyer, and each Buyer severally, but not jointly, agrees to purchase from the Company on the Closing Date (as defined below), the (A) that number of Preferred Shares, Shares as is set forth opposite such Buyer’s 's name in column (3) on the Schedule of Buyers, along with Buyers and (B) one or more Series E Warrants to acquire up to that number of Warrant Shares as is set forth opposite such Buyer’s 's name in column (4) on the Schedule of Buyers.

Appears in 2 contracts

Samples: Subordination Agreement (Sac Capital Advisors LLC), Subordination Agreement (Prentice Capital Management, LP)

Preferred Shares and Warrants. Subject to the satisfaction (or waiver) of the conditions set forth in Sections 6 and 7 below, the Company shall agrees to issue and sell to each Buyer, and each Buyer severally, but not jointly, agrees to purchase from the Company on the Closing Date (as defined below), (x) the number of Preferred Shares, as is set forth opposite such Buyer’s name in column (3) on the Schedule of Buyers, along with and (y) Warrants to acquire up to that number of Warrant Shares as is set forth opposite such Buyer’s name in column (4) on the Schedule of BuyersBuyers up to an aggregate amount of $700,000.00 for all Buyers (the “Closing”).

Appears in 2 contracts

Samples: Securities Purchase Agreement, Securities Purchase Agreement (Truli Media Group, Inc.)

Preferred Shares and Warrants. Subject to the satisfaction (or waiver) waiver of the conditions set forth in Sections 6 and 7 below, the Company shall issue and sell to each Buyer, and each Buyer severally, but not jointly, agrees to purchase from the Company on the Closing Date (as defined belowhereinafter defined), the number of Preferred Shares, Shares as is set forth opposite such Buyer’s name in column (3) on the Schedule of Buyers, along with Warrants Buyers and the Warrant to acquire that number of Warrant Shares as is set forth opposite such Buyer’s name in column (4) on the Schedule of BuyersBuyers (the “Closing”).

Appears in 1 contract

Samples: Securities Purchase Agreement (I2 Telecom International Inc)

Preferred Shares and Warrants. Subject to the satisfaction (or waiver) of the conditions set forth in Sections 6 and 7 below, the Company shall agrees to issue and sell to each Buyer, and each Buyer severally, but not jointly, agrees to purchase from the Company on the Closing Date (as defined below), (x) the number of Preferred Shares, as is set forth opposite such Buyer’s name in column (3) on the Schedule of Buyers, along with and (y) Series B Warrants to acquire up to that number of Warrant Shares as is set forth opposite such Buyer’s name in column (4) on the Schedule of Buyers, up to an aggregate amount of $1,500,000 for all Buyers.

Appears in 1 contract

Samples: Securities Purchase Agreement (BTCS Inc.)

Preferred Shares and Warrants. Subject to the satisfaction (or waiver) of the conditions set forth in Sections 6 6(a) and 7 7(a) below, the Company shall issue and sell to each the Buyer, and each the Buyer severally, but not jointly, agrees to purchase from the Company on the Closing Date (as defined below), the number of Preferred Shares, Shares as is set forth opposite such the Buyer’s 's name in column (3) on the Schedule of Buyers, along with Warrants to acquire that number of Warrant Shares as is set forth opposite such Buyer’s 's name in column (4) on the Schedule of Buyers.

Appears in 1 contract

Samples: Securities Purchase Agreement (Interpharm Holdings Inc)

Preferred Shares and Warrants. Subject to the satisfaction (or waiver) of the conditions set forth in Sections 6 and 7 below, simultaneously with the consummation of the Exchange, the Company shall issue and sell to each Buyer, and each Buyer severally, but not jointly, agrees to purchase from the Company on the Closing Date (as defined below), the number of Preferred Shares, as is set forth opposite such Buyer’s name in column (3) on the Schedule of Buyers, along with the Warrants to acquire that number of Warrant Shares as is set forth opposite such Buyer’s name in column (4) on the Schedule of Buyers.

Appears in 1 contract

Samples: Securities Purchase Agreement (City Language Exchange Inc)

Preferred Shares and Warrants. Subject to the satisfaction (or waiver) of the conditions set forth in Sections 6 and 7 below, the Company shall agrees to issue and sell to each Buyer, and each Buyer severally, but not jointly, agrees to purchase from the Company on the Closing Date (as defined below), the number of Preferred Shares, as is set forth opposite such Buyer’s name in column (3) on the Schedule of Buyers, along with Warrants to acquire up to that number of Warrant Shares as is set forth opposite such Buyer’s name in column (4) on the Schedule of Buyers.

Appears in 1 contract

Samples: Securities Purchase Agreement (China Direct, Inc)

Preferred Shares and Warrants. Subject to the satisfaction (or waiver) of the conditions set forth in Sections 6 and 7 below, the Company shall issue and sell to each Buyer, and each Buyer severally, but not jointly, agrees to purchase from the Company on the Closing Date (as defined below), the number of Preferred Shares, as is set forth opposite such Buyer’s 's name in column (3) on the Schedule of Buyers, along with Warrants to acquire that number of Warrant Shares as is set forth opposite such Buyer’s 's name in column (4) on the Schedule of BuyersBuyers (the "Closing").

Appears in 1 contract

Samples: Securities Purchase Agreement (Millennium Cell Inc)

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Preferred Shares and Warrants. Subject to the satisfaction (or waiver) of the conditions set forth in Sections 6 and 7 below, the Company shall agrees to issue and sell to each Buyer, and each Buyer severally, but not jointly, agrees to purchase from the Company on the Closing Date (as defined below), (x) the number of Preferred Shares, as is set forth opposite such Buyer’s name in column (3) on the Schedule of Buyers, along with and (y) Warrants to acquire up to that number of Warrant Shares as is set forth opposite such Buyer’s name in column (4) on the Schedule of BuyersBuyers up to an aggregate amount of $[****] for all Buyers (the “Closing”).

Appears in 1 contract

Samples: Securities Purchase Agreement (Truli Media Group, Inc.)

Preferred Shares and Warrants. Subject to the satisfaction (or waiver) of the conditions set forth in Sections 6 and 7 below, the Company shall issue and sell to each Buyer, and each Buyer severally, but not jointly, agrees to purchase from the Company on the Closing Date (as defined below), the (A) that number of Preferred Shares, Shares as is set forth opposite such Buyer’s name in column (3) on the Schedule of Buyers, along with Buyers and (B) one or more Series E Warrants to acquire up to that number of Warrant Shares as is set forth opposite such Buyer’s name in column (4) on the Schedule of Buyers.

Appears in 1 contract

Samples: Securities Purchase Agreement (Wet Seal Inc)

Preferred Shares and Warrants. Subject to the satisfaction (or waiver) of the conditions set forth in Sections 6 and 7 below, the Company shall issue and sell to each Buyer, and each Buyer severally, but not jointly, agrees to shall purchase from the Company on the Closing Date (as defined below), ) (i) the aggregate number of Preferred Shares, as is set forth opposite such Buyer’s name in column (3) on the Schedule of Buyers, along with Buyers and (ii) Warrants to initially acquire up to that aggregate number of Warrant Shares as is set forth opposite such Buyer’s name in column (4) on the Schedule of Buyers.

Appears in 1 contract

Samples: Securities Purchase Agreement (Ascent Solar Technologies, Inc.)

Preferred Shares and Warrants. Subject to the satisfaction (or waiver) of the conditions set forth in Sections 6 and 7 below, the Company shall issue and sell to each Buyer, and each Buyer severally, but not jointly, agrees to purchase from the Company on the Closing Date (as defined below), the respective number of Preferred Shares, as is Shares set forth opposite such Buyer’s name in column (3) on the Schedule of Buyers, along with Warrants to acquire that number of Warrant Shares as is set forth opposite such Buyer’s name in column (4) on the Schedule of BuyersBuyers (the “Closing”).

Appears in 1 contract

Samples: Securities Purchase Agreement (Commerce One Inc / De/)

Preferred Shares and Warrants. (i) Subject to the satisfaction (or waiver) of the conditions set forth in Sections 6 6(a) and 7 7(a) below, the Company shall issue and sell to each Buyer, and each Buyer severally, but not jointly, agrees to purchase from the Company on the Initial Closing Date (as defined below), the number of Initial Preferred Shares, Shares as is set forth opposite such Buyer’s 's name in column (3) on the Schedule of Buyers, along with Initial Warrants to acquire that number of Warrant Shares as is set forth opposite such Buyer’s 's name in column (4) on the Schedule of Buyers.

Appears in 1 contract

Samples: Securities Purchase Agreement (Interpharm Holdings Inc)

Preferred Shares and Warrants. Subject to the satisfaction (or waiver) of the conditions set forth in Sections 6 and 7 below, the Company shall issue and sell to each Buyer, and each Buyer severally, but not jointly, agrees to purchase from the Company on the Closing Date (as defined below), the number of Preferred Shares, as is set forth opposite such Buyer’s name in column (3) on the Schedule of Buyers, along with the Warrants to acquire that number of the Warrant Shares as is set forth opposite such Buyer’s name in column (4) on the Schedule of Buyers“Closing”).

Appears in 1 contract

Samples: Securities Purchase Agreement (Artemis International Solutions Corp)

Preferred Shares and Warrants. Subject to the satisfaction (or waiver) of the conditions set forth in Sections 6 and 7 6(a)(iv) below, the Company shall issue and sell to each Buyer, and each Buyer severally, but not jointly, agrees to shall purchase from the Company on the Closing Date (as defined below), the number of Preferred Shares, as is set forth opposite such Buyer’s name in column (3) on the Schedule of Buyers, along with Warrants to acquire that number of Warrant Shares as is set forth opposite such Buyer’s name in column (4) on the Schedule of Buyers along with Warrants to acquire up to that aggregate number of Warrant Shares as is set forth opposite such Buyer’s name in column (5) on the Schedule of Buyers.

Appears in 1 contract

Samples: Securities Purchase Agreement (WPCS International Inc)

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