Common use of Sale and Issuance of Common Stock and Warrants Clause in Contracts

Sale and Issuance of Common Stock and Warrants. Upon the terms and subject to the conditions of this Agreement, each Investor agrees, severally and not jointly, to purchase at the Closing (as defined below), and the Company agrees to sell and issue to each Investor at the Closing, (a) that number of shares of Common Stock set forth opposite such Investor's name on Schedule I hereto under the heading "Shares Purchased," and (b) warrants, in substantially the form attached hereto as Exhibit A (the "Warrants"), to purchase that number of shares of Common Stock set forth opposite such Investor's name on Schedule I under the heading "Warrants" for the aggregate purchase price set forth opposite such Investor's name under the heading "Purchase Price" (as paid by means of the cancellation of accrued interest on indebtedness, as indicated thereon, the "Purchase Price"). The Warrants shall have an exercise price equal to $0.12 per share and shall be immediately exercisable.

Appears in 3 contracts

Samples: Common Stock and Warrant Purchase Agreement (Fibernet Telecom Group Inc\), Common Stock and Warrant Purchase Agreement (Toronto Dominion Texas Inc), Common Stock and Warrant Purchase Agreement (Fibernet Telecom Group Inc\)

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Sale and Issuance of Common Stock and Warrants. Upon the terms and subject to the conditions of this Agreement, each Investor agrees, severally and not jointly, to purchase at the Closing (as defined below), and the Company agrees to sell and issue to each Investor at the Closing, (a) that number of shares of Common Stock set forth opposite such Investor's ’s name on Schedule I hereto under the heading "Shares Purchased," and (b) warrants, in substantially the form attached hereto as Exhibit A (the "Warrants"), to purchase that number of shares of Common Stock set forth opposite such Investor's ’s name on Schedule I under the heading "Warrants" for the aggregate purchase price set forth opposite such Investor's ’s name under the heading "Purchase Price" (as paid by means of the cancellation of accrued interest on indebtedness, as indebtedness indicated thereon, the "Purchase Price"). The Warrants shall have an exercise price equal to $0.12 per share and shall be immediately exercisable.

Appears in 1 contract

Samples: Common Stock and Warrant Purchase Agreement (Ibm Credit Corp)

Sale and Issuance of Common Stock and Warrants. Upon the terms and subject to the conditions of this Agreement, each Investor agrees, severally and not jointly, to purchase at the Closing (as defined below), and the Company agrees to sell and issue to each Investor at the Closing, (a) that number of shares of Common Stock set forth opposite such Investor's ’s name on Schedule I hereto under the heading "Shares Purchased," and (b) warrants, in substantially the form attached hereto as Exhibit A (the "Warrants"), to purchase that number of shares of Common Stock set forth opposite such Investor's ’s name on Schedule I under the heading "Warrants" for the aggregate purchase price set forth opposite such Investor's ’s name under the heading "Purchase Price" (as paid by means of the cancellation of accrued interest on indebtedness, as indicated thereon, the "Purchase Price"). The Warrants shall have an exercise price equal to $0.12 per share and shall be immediately exercisable.

Appears in 1 contract

Samples: Purchase Agreement (Ibm Credit Corp)

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Sale and Issuance of Common Stock and Warrants. Upon the terms and subject to the conditions of this Agreement, each Investor agrees, severally and not jointly, to purchase at the Closing (as defined below), and the Company agrees to sell and issue to each Investor at the Closing, (a) that number of shares of Common Stock set forth opposite such Investor's name on Schedule I hereto under the heading "Shares Purchased," and (b) warrants, in substantially the form attached hereto as Exhibit A (the "Warrants"), to purchase that number of shares of Common Stock set forth opposite such Investor's name on Schedule I under the heading "Warrants" for the aggregate purchase price set forth opposite such Investor's name under the heading "Purchase Price" (as paid by means of the cancellation of accrued interest on indebtedness, as indebtedness indicated thereon, the "Purchase Price"). The Warrants shall have an exercise price equal to $0.12 per share and shall be immediately exercisable.

Appears in 1 contract

Samples: Common Stock and Warrant Purchase Agreement (Bank One Corp)

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