Purchase of Preferred Stock and Warrants. On the Closing Date, such Subscriber will purchase the Preferred Stock and Warrants as principal for its own account for investment only and not with a view toward, or for resale in connection with, the public sale or any distribution thereof.
Purchase of Preferred Stock and Warrants. Subject to the terms and conditions of this Agreement, the issuance, sale and purchase of the Preferred Stock and Warrants shall be consummated in a "Closing." The purchase price (the "Purchase Price") shall be TEN DOLLARS ($10.00) per Unit, for a Unit consisting of one share of Preferred Stock and one Warrant to purchase such number of shares of Common Stock as shall be equal to the number of shares of Common Stock that one share of Preferred Stock shall have been converted into pursuant to a mandatory conversion of Preferred Stock into Common Stock made at the option of the Company pursuant to Section 3(d) of Article SIXTH of the Certificate of Incorporation of the Company, as amended and in effect as of the date of the Closing. _______Units shall be sold pursuant to this Agreement. On the date of the Closing, subject to the satisfaction or waiver of the conditions set forth in ARTICLES VI and VII hereof, the Company shall issue and sell to each Purchaser, and each Purchaser severally agrees to purchase from the Company, the number of Units set forth on SCHEDULE 1 hereto. Each Purchaser's obligation to purchase Units hereunder is distinct and separate from each other Purchaser's obligation to purchase, and no Purchaser shall be required to purchase hereunder more than the number of Units set forth on SCHEDULE 1 hereto. The obligations of the Company with respect to each Purchaser shall be separate from the obligations of each other Purchaser and shall not be conditioned as to any Purchaser upon the performance of obligations of any other Purchaser. .
Purchase of Preferred Stock and Warrants. The purchase price (the ---------------------------------------- "Purchase Price") to be paid by each Purchaser for the Preferred Stock and -------------- Warrant being purchased by such Purchaser shall be equal to $1,000 times the ----- number of shares of Preferred Stock so purchased. Each Purchaser shall purchase the number of shares of Preferred Stock set forth on the signature page executed by such Purchaser. On the date of the Closing (as defined herein), subject to the terms and the satisfaction (or waiver) of the conditions set forth in Articles VI and VII, the Company shall issue and sell to each Purchaser, and each Purchaser shall purchase from the Company (i) the number of shares of Preferred Stock set forth below such Purchaser's name on the signature pages hereof and (ii) a Warrant entitling the holder thereof to purchase the number of Warrant Shares as set forth in such Warrant. The aggregate purchase price for the Securities purchased at the Closing shall be fifteen million dollars ($15,000,000).
Purchase of Preferred Stock and Warrants. Subject to the terms and the satisfaction or waiver of the conditions set forth in this Agreement, the issuance, sale and purchase of the Preferred Stock and the Warrants shall be consummated in two (2) separate closings. The first closing is hereinafter referred to as the "First Closing," and the second closing is hereinafter referred to as the "Second Closing (each of the First Closing and the Second Closing is sometimes referred to herein as a "Closing"). The purchase price (the "Purchase Price") per share of Preferred Stock shall be equal to $2,750.
Purchase of Preferred Stock and Warrants. Subject to the satisfaction or waiver of the terms and conditions of this Agreement, on the Closing Date (as defined below), the Company shall issue and sell to each Buyer and each Buyer, severally and not jointly, agrees to purchase from the Company Preferred Stock having an aggregate Stated Value equal to the Subscription Amount (as defined in Section 10) and an accompanying number of Warrants (as described below) to purchase a number of shares equal to the Warrant Amount (as defined below).
Purchase of Preferred Stock and Warrants. On the Closing Date, the Subscriber will purchase the Units as principal for its own account for investment only and not with a view toward, or for resale in connection with, the public sale or any distribution thereof.
Purchase of Preferred Stock and Warrants. Subject to the terms and conditions of this Agreement, the issuance, sale and purchase of the Preferred Shares and Warrants shall be consummated in a "Closing." The purchase price (the "Purchase Price") shall be ONE DOLLAR ($1.00) per Unit. Each Unit will purchase one (1) share of Preferred Stock, and a Warrant for the purchase of one (1) a share of Common Stock at an exercise price of ONE DOLLAR ($1.00), with a term of five (5) years. Each Purchaser agrees to purchase the amounts set forth on Schedule 1 hereof. On the date of the Closing, subject to the satisfaction or waiver of the conditions set forth in ARTICLES VI and VII hereof, the Company shall issue and sell to each Purchaser, and each Purchaser severally agrees to purchase from the Company, the number of shares of Preferred Stock set forth on the signature page executed by such Purchaser. Each Purchaser's obligation to purchase Preferred Shares and Warrants hereunder is distinct and separate from each other Purchaser's obligation to purchase, and no Purchaser shall be required to purchase hereunder more than the number of Preferred Shares and Warrants set forth on such Purchaser's signature page. The obligations of the Company with respect to each Purchaser shall be separate from the obligations of each other Purchaser and shall not be conditioned as to any Purchaser upon the performance of obligations of any other Purchaser.
Purchase of Preferred Stock and Warrants. The Company consummated the sale of Series A Preferred Stock and the Initial Warrant on July 27, 1998 (the "FIRST CLOSING"). Subject to the terms and the satisfaction or waiver of the conditions set forth in this Agreement, the issuance, sale and purchase of the Series B Preferred Stock and Second Warrant shall be consummated in a closing hereinafter referred to as the "SECOND CLOSING." (each of the First Closing and Second Closing sometimes referred to herein as a "CLOSING"). The purchase price (the "PURCHASE PRICE") per share of Series A Preferred Stock was, and Series B Preferred Stock shall be, equal to $1,000.
Purchase of Preferred Stock and Warrants. Subject to the terms and the satisfaction or waiver of the conditions set forth in this Agreement, the issuance, sale and purchase of the Preferred Stock and Warrants shall be consummated in three (3) separate closings. The first closing is hereinafter referred to as the "FIRST CLOSING," the second closing is hereinafter referred to as the "SECOND CLOSING," and the third closing is hereinafter referred to as the "THIRD CLOSING" (the First Closing, the Second Closing and the Third Closing sometimes referred to herein as a "CLOSING"). The purchase price (the "PURCHASE PRICE") per share of Preferred Stock shall be equal to $1,000.
Purchase of Preferred Stock and Warrants. Upon the terms and --------------------------------------------- subject to the satisfaction or waiver of the conditions set forth herein, the Company agrees to sell and each Investor agrees to purchase (i) the number of shares of Preferred Stock set forth below such Investor's name on the signature pages hereof and (ii) a Warrant. The purchase price for the Preferred Stock and Warrant being purchased by an Investor (the "Purchase Price") shall be equal to -------------- $15,000,000, provided that the Purchase Price shall be allocated between such Preferred Stock and Warrant as may be agreed between the Company and such Investor. The date on which the closing of the purchase and sale of the Preferred Stock and Warrants occurs (the "Closing") is hereinafter referred to ------- as the "Closing Date". The Closing will be deemed to occur when (A) this ------------- Agreement and the other Transaction Documents (as defined below) have been executed and delivered by the Company and each investor (if applicable), (B) each of the conditions to Closing described in Section 5 hereof has been satisfied or waived as specified therein and (C) full payment of each Investor's Purchase Price has been made by such Investor to the Company by wire transfer of immediately available funds against physical delivery by the Company of duly executed certificates representing the Preferred Stock and Warrant purchased by such Investor at the Closing.
