Common use of Sale and Delivery Clause in Contracts

Sale and Delivery. (a) Upon the terms and subject to the conditions set forth herein, and in reliance upon the representations and warranties of the Management Investor hereinafter set forth, the Company shall issue, sell and deliver to the Management Investor, and the Management Investor shall purchase from the Company, 294,117 shares of Series D Preferred Stock (such shares of Series D Preferred Stock are referred to collectively herein as the "SHARES") at the price per share equal to $0.85.

Sale and Delivery. (a) Upon the terms and subject to the conditions set forth herein, and in reliance upon the representations and warranties of the Management Investor hereinafter set forth, the Company shall issue, sell and deliver to the Management Investor, and the Management Investor shall purchase from the Company, 294,117 150,000 shares of Series D C Preferred Stock (such shares of Series D C Preferred Stock are referred to collectively herein as the "SHARES") at the price per share equal to $0.851.00.

Sale and Delivery. (a) Upon the terms and subject to the conditions set forth herein, and in reliance upon the representations and warranties of the Management Investor hereinafter set forth, the Company shall issue, sell and deliver to the Management Investor, and the Management Investor shall purchase from the Company, 294,117 100,000 shares of Series D C Preferred Stock (such shares of Series D C Preferred Stock are referred to collectively herein as the "SHARES") at the price per share equal to $0.851.00.

Sale and Delivery. (a) Upon the terms and subject to the conditions set forth herein, and in reliance upon the representations and warranties of the Management Investor hereinafter set forth, the Company shall issue, sell and deliver to the Management Investor, and the Management Investor shall purchase from the Company, 294,117 300,000 shares of Series D C Preferred Stock (such shares of Series D C Preferred Stock are referred to collectively herein as the "SHARES") at the price per share equal to $0.851.00.

Sale and Delivery. (a) Upon the terms and subject to the conditions set forth herein, and in reliance upon the representations and warranties of the Management Investor hereinafter set forth, and for the purchase price described in Section 2(b), the Company shall issue, sell and deliver to the Management Investor, and the Management Investor shall purchase from the Company, 294,117 100,000 shares of Series D C Preferred Stock (such shares of Series D C Preferred Stock are referred to collectively herein as the "SHARESShares") at the price per share equal to $0.851.00.

Sale and Delivery. (a) Upon the terms and subject to the conditions set forth herein, and in reliance upon the representations and warranties of the Management Investor hereinafter set forth, the Company shall issue, sell and deliver to the Management Investor, and the Management Investor shall purchase from the Company, 294,117 60,000 shares of Series D C Preferred Stock (such shares of Series D C Preferred Stock are referred to collectively herein as the "SHARES") at the price per share equal to $0.851.00.