Purchase and Sale of Convertible Notes. Upon the terms and conditions -------------------------------------- contained herein, each of the Investors agrees to purchase from the Company, at the Closing as defined in Section 1.2, and the Company agrees to issue and sell to each of the Investors, the principal amount of Convertible Notes in the form of Exhibit B hereto ("Convertible Notes") set forth on Schedule A hereto.
Purchase and Sale of Convertible Notes. Subject to the terms and conditions set forth herein, the Company agrees to issue and sell to each Purchaser, and each Purchaser severally agrees to purchase from the Company, such principal amount of Convertible Notes as is set forth opposite each Purchaser's name on Schedule 2.1 attached hereto.
Purchase and Sale of Convertible Notes. (a) Subject to the terms and conditions set forth herein, the Company agrees to issue and sell to Purchaser, and Purchaser agrees to purchase from the Company, Convertible Notes in the aggregate principal amount of $750,000.00.
(b) Purchaser shall acquire the Convertible Notes on the Closing Date in an aggregate principal amount of Seven Hundred Fifty Thousand Dollars ($750,000.00).
Purchase and Sale of Convertible Notes. Upon the basis of the representations and warranties, and subject to the terms and conditions, set forth in this Agreement, the Company covenants and agrees to sell to the Purchaser, at a purchase price of $______ (the "Purchase Price"), (i) a convertible note in registered form in a principal amount of $______ and substantially in the form of Exhibit A hereto (the "Note"), such Note convertible at the option of the holder thereof into a number of Note Shares determined pursuant to Article 3 of the Note according to the terms and conditions set forth in the Note, and (ii) a warrant to purchase ______ shares of the Company's Common Stock, $.01 par value per share (the "Common Stock") in substantially the form of Exhibit B hereto (the "Warrant"), and upon the basis of the representations and warranties, and subject to the terms and conditions set forth in this Agreement, the Purchaser covenants and agrees to purchase from the Company, the Note and the Warrant at the Purchase Price. All capitalized terms not otherwise defined herein shall have the meanings attributed to them in the Note and the Warrant.
Purchase and Sale of Convertible Notes. At the Closing, the Company shall sell to the Purchaser and, subject to the terms and conditions set forth herein, the Purchaser shall purchase from the Company $15,000,000 in principal amount of Convertible Notes at a price of $1,000 per $1,000 in principal amount of Convertible Notes.
Purchase and Sale of Convertible Notes. (a) Subject to the terms and conditions set forth herein, the Company agrees to issue and sell to each Purchaser, and each Purchaser severally agrees to purchase from the Company, Convertible Notes in the aggregate principal amount of up to $12,000,000.
(b) Each Purchaser shall acquire a portion of the Convertible Notes on the applicable Closing Date in an aggregate principal amount as set forth on a schedule to be delivered by such Purchasers to the Company on the applicable Closing Date. Five million dollars ($5,000,000) principal amount of Convertible Notes will be acquired on the First Closing Date and seven million dollars ($7,000,000) principal amount of Convertible Notes will be acquired on the Second Closing Date, subject, however, to satisfaction of all conditions precedent to each such Closing, unless the Purchasers agree otherwise, in their sole discretion.
Purchase and Sale of Convertible Notes. Subject to and upon the terms and conditions set forth in this Agreement, the Company shall issue and sell to each of the Investors, and the Investors will each purchase from the Company, a convertible promissory note, evidencing loans from the Investors, in the original principal amounts set forth on Exhibit A (the “Principal Amounts”) (each, a “Note” and collectively, the “Notes”). The Notes shall be in the form attached hereto as Exhibit B.
Purchase and Sale of Convertible Notes. On the basis of the representations, warranties, covenants and agreements set forth herein and the terms hereof, at the Closing, the Company shall sell to the Purchasers and the Purchasers shall purchase from the Company (i) $30,000,000 principal amount of Convertible Notes and (ii) all of the portion of the $30,000,000 principal amount of Convertible Notes offered pursuant to the Rights Offering that is not purchased on or before the Closing Date by Potential Purchasers in accordance with the terms of the Rights Offering. The purchase price for such Convertible Notes shall be 100% of the principal amount thereof.
Purchase and Sale of Convertible Notes. At the Closing (as defined below), Xxxxxxxxxx agrees on the terms of and subject to the conditions specified in this Agreement, to purchase from the Company, and the Company agrees to sell to Highbridge, the Highbridge Note.
Purchase and Sale of Convertible Notes. (a) Subject to the terms and conditions set forth herein, the Company agrees to issue and sell to Purchaser, and Purchaser agrees to purchase from the Company, Convertible Notes up to the aggregate Commitment Amount.
(b) Purchaser shall acquire Convertible Notes on the Closing Date in an aggregate principal amount of Two Million Two Hundred Thousand Dollars ($2,200,000.00).
