Sale and Issuance of Convertible Promissory Notes. (a) Subject to the terms and 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 to each Investor at the Closing, an unsecured senior subordinated convertible promissory note substantially in the form attached hereto as Exhibit A (the “Convertible Note”) in the aggregate principal amount and against payment of the purchase price listed opposite such Investor’s name on Schedule A (the “Purchase Price”). The Convertible Notes sold to Investors under this Agreement at the time of the Initial Closing (as defined below) and any subsequent Closing shall collectively be referred to herein as the “Convertible Notes”.
(b) On or prior to the Initial Closing, the Company shall have authorized the sale and issuance to the Investors of up to US$10,000,000 of Convertible Notes pursuant to this Agreement, provided however, such aggregate principal amount of Convertible Notes may be increased to an aggregate principal amount not to exceed US$15,000,000 as may be determined by the Board of Directors of the Company. Subject to the Series D Increase (as defined below), the Series D Preferred Shares (as defined below) issuable upon the conversion of the Convertible Notes and the Ordinary Shares (as defined below) issuable upon the conversion of the Series D Preferred Shares shall have the rights, preferences, privileges and restrictions set forth in the Ninth Amended and Restated Articles of Association of the Company (the “Venus Articles”).
(c) On or prior to the Initial Closing, Restoration Robotics shall have authorized the issuance of shares of common stock, par value $0.0001 per share, of Restoration Robotics (the “Restoration Common Stock”) issuable upon the automatic conversion of the Convertible Notes.
Sale and Issuance of Convertible Promissory Notes. (a) Subject to the terms and conditions of this Agreement, Xxxxxx.xxx, Inc. and Xxxxxxx Xxxxxxx Xxxxxxxx & Xxxxx VIII, L.P. (each a "Note Purchaser" and together the "Note Purchasers") each agrees to -------------- --------------- purchase at the Closing and the Company agrees to sell and issue to each Note Purchaser a convertible promissory note in substantially the form attached hereto as Exhibit F (a "Note" and collectively, the "Notes") in the principal --------- ---- ----- amount specified with respect to such Note Purchaser on Exhibit A to this --------- Agreement. The purchase price of each Note shall be equal to 100% of the principal amount of such Note. The Company's agreement with each Note Purchaser is a separate agreement, and the sales of the Notes to the Note Purchasers are separate sales.
Sale and Issuance of Convertible Promissory Notes. Subject to the terms and conditions of this Agreement, those Investors executing a convertible note (collectively, the "Note Purchasers" and --------------- individually, a "Note Purchaser") each agrees to purchase at the Closing and the Company agrees to sell and issue to the Note Purchasers a convertible promissory note in substantially the form attached hereto as Exhibit F (a "Note" and --------- ---- collectively, the "Notes") in the principal amount specified with respect to the ----- Note Purchaser on Schedule A to this Agreement. The purchase price of each Note ---------- shall be equal to 100% of the principal amount of such Note. The Company's agreement with the Note Purchasers is a separate agreement, and the sales of the Notes to the Note Purchasers is a separate sale.
Sale and Issuance of Convertible Promissory Notes. Subject to the terms and conditions of this Agreement, the Purchaser agrees to purchase and the Company agrees to sell and issue to the Purchaser:
(a) at the Initial Closing (as defined below) a Convertible Promissory Note in the aggregate principal amount of $300,000, which note shall be in substantially the form of the Convertible Promissory Note attached hereto as Exhibit A (the “Initial Note”). The purchase price of the Initial Note shall be $300,000 (the “Initial Purchase Price”); and
(b) on the first of each month beginning on May 1, 2008 and continuing until the earlier of (i) the date the Purchaser elects to exercise its option pursuant to the Option Agreement or (ii) the date the Purchaser notifies the Company in writing of its election to terminate the Option Agreement, a Convertible Promissory Note in the aggregate principal amount of $50,000, which note shall be in substantially the form of the Convertible Promissory Note attached hereto as Exhibit A (the “Monthly Note,” and together with the Initial Note, the “Notes”). The purchase price of each Monthly Note shall be $50,000 (the “Monthly Purchase Price”).
Sale and Issuance of Convertible Promissory Notes. (a) Subject to the terms and conditions of this Agreement, each Purchaser severally and not jointly agrees to purchase at the Closing and the Company agrees to sell and issue to each Purchaser a convertible promissory note in substantially the form attached hereto as Exhibit F (a "Note" and collectively, the "Notes") in the principal amount specified with respect to such Purchaser on Exhibit A to this Agreement. The purchase price of each Note shall be equal to 100% of the principal amount of such Note. The Company's agreement with each Purchaser is a separate agreement, and the sales of the Notes to the Purchasers are separate sales.
(b) The Stock, the Common Stock issuable upon conversion of the Stock, and the Notes are hereinafter referred to as the "Securities."
Sale and Issuance of Convertible Promissory Notes. Subject to the terms and conditions of this Agreement, each Purchaser, severally and not jointly, agrees to purchase at a Closing (as defined below) and the Company agrees to sell and issue to each Purchaser at the applicable Closing a Convertible Promissory Note, in substantially the form attached as Exhibit B (each, a “Note”), in the principal amount set forth opposite the respective Purchasers’ name on the Schedule of Purchasers.
