PURCHASE AND SALE OF PREFERRED. SHARES AND WARRANTS; EXERCISE OF EXISTING WARRANTS.
(a) PURCHASE OF PREFERRED SHARES AND WARRANTS.
PURCHASE AND SALE OF PREFERRED. STOCK Section
PURCHASE AND SALE OF PREFERRED. Upon the terms and conditions set forth herein, the Company shall issue and sell to the Purchaser, and the Purchaser shall purchase, 86,250 shares of Series B Preferred (collectively, the "Shares"), which shall have the respective rights, preferences and privileges set forth in Exhibit A hereto.
PURCHASE AND SALE OF PREFERRED. SHARES 2
1.1 Preferred Shares to Be Sold and Purchased at the Closing 2 1.2 Purchase Price 2 1.3 Closing 2 1.4 Closing Date 3 1.5 Seller Purchase Price Adjustment 3 1.6 Withholding 5
PURCHASE AND SALE OF PREFERRED. Stock Subject to the terms and conditions herein set forth, the Company agrees to issue and sell to each Purchaser, and each Purchaser, severally and not jointly, agrees to purchase from the Company, on the Closing Date the aggregate number of shares of Preferred Stock set forth opposite such Purchaser’s name on Schedule 2.1 hereto, for the aggregate purchase price set forth opposite such Purchaser’s name on Schedule 2.1 hereto (all of the shares of Preferred Stock being purchased pursuant hereto being referred to herein as the “Purchased Shares”); provided, that in the event any Purchaser defaults on its obligation to purchase any Purchased Shares hereunder, the remaining Purchasers shall, or shall cause one or more of their respective Affiliates to, purchase the Purchased Shares in the place of such defaulting Purchaser as contemplated hereby (and to become a party to this Agreement, the Stockholders Agreement and the Registration Rights Agreement, if it is not already a party thereto).
PURCHASE AND SALE OF PREFERRED. STOCK 8 2.1 Purchase and Sale of Preferred Stock 8 2.2 Certificate of Designations 8 2.3 Closing Date 8
PURCHASE AND SALE OF PREFERRED. UNITS Section 1.1 Sale and Issuance of Preferred Units .......................................................................2 Section 1.2 Closing .....................................................................................................................2 Section 1.3 Use of Proceeds ........................................................................................................3 Section 1.4 Closing Deliveries and Other Actions .....................................................................3 Section 1.5 Further Assurances...................................................................................................4 Section 1.6
PURCHASE AND SALE OF PREFERRED. SHARES 10 2.1 Purchase and Sale of Preferred Shares and Warrants 10 2.3 Use of Proceeds 10
PURCHASE AND SALE OF PREFERRED. STOCK AND INCENTIVE WARRANT; TERMINATION OF OBLIGATIONS................................................................................5 Section 2.1. Investments...........................................................................5 Section 2.2. Twenty Percent Limitation.............................................................5
PURCHASE AND SALE OF PREFERRED. As of the Closing, upon the terms and subject to the conditions set forth in this Agreement, each Seller shall sell, assign, transfer and convey to Buyer, and Buyer shall purchase and acquire from each Seller, all of the shares of Preferred held by such Seller as such ownership is set forth on Section 1.02 of the Disclosure Schedules. The purchase price to be paid by Buyer to each Seller for the shares of Preferred held by such Seller shall consist of a payment at the Closing, by wire transfer of immediately available funds to the account designated by such Seller at least two business days before the Closing, of an amount of cash equal to the sum of the Preferred Per Share Prices for all shares of Preferred held by such Seller as of immediately prior to the Closing.
