Common use of Sale and Issuance of Series A Preferred Stock Clause in Contracts

Sale and Issuance of Series A Preferred Stock. (a) The Company shall adopt and file with the Secretary of State of Delaware on or before the Closing (as defined below) the Restated Certificate of Incorporation in the form attached hereto as Exhibit A (the "Restated Certificate"). (b) On or prior to the Closing (as defined below), the Company shall have authorized (i) the sale and issuance to the Investors of the Series A Preferred Stock and (ii) the issuance of the shares of Common Stock to be issued upon conversion of the Series A Preferred Stock (the "Conversion Shares"). The Series A Preferred Stock and the Conversion Shares shall have the rights, preferences, privileges and restrictions set forth in the Restated Certificate. (c) Subject to the terms and conditions of this Agreement, each Investor agrees, severally and not jointly, to purchase at the Closing or pursuant to Section 1.3 and the Company agrees to sell and issue to each Investor at the Closing, that number of shares of the Company's Series A Preferred Stock set forth opposite such Investor's name on Schedule A hereto for the purchase price set forth thereon.

Sale and Issuance of Series A Preferred Stock. (a) The Company shall adopt and file with the Secretary of State of Delaware on or before the Closing (as defined below) the Restated Certificate of Incorporation in the form attached hereto as Exhibit A (the "“Restated Certificate"”). (b) On or prior to the Closing (as defined below), the Company shall have authorized (i) the sale and issuance to the Investors of the shares of its Series A Preferred Stock (the “Shares”) and (ii) the issuance of the shares of Common Stock to be issued upon conversion of the Series A Preferred Stock Shares (the "“Conversion Shares"”). The Series A Preferred Stock Shares and the Conversion Shares shall have the rights, preferences, privileges and restrictions set forth in the Restated Certificate. (c) Subject to the terms and conditions of this Agreement, each Investor agrees, severally and not jointly, to purchase at the Closing or pursuant to Section 1.3 and the Company agrees to sell and issue to each Investor at the Closing, that number of shares of the Company's Series A Preferred Stock Shares set forth opposite such Investor's ’s name on Schedule A hereto for $0.6298 per share (the purchase price set forth thereon“Series A Purchase Price”).

Sale and Issuance of Series A Preferred Stock. (a) The Company shall adopt and file with the Secretary of State of Delaware on or before the Closing (as defined below) the Second Restated Certificate of Incorporation in the form attached hereto as Exhibit A (the "“Restated Certificate"”). (b) On or prior to the Closing (as defined below)Closing, the Company shall have authorized (i) the sale and issuance to the Investors Investor of the shares of its Series A Preferred Stock (the “Series A Shares”) and (ii) the issuance of the shares share of Common Stock (as defined below) to be issued upon the conversion of the Series A Preferred Stock Shares (the "“Conversion Shares"”). The Series A Preferred Stock and Shares, the Series Seed Shares (as defined below), the Conversion Shares and the Common Stock shall have the rights, preferences, privileges and restrictions set forth in the Restated Certificate. (c) Subject to the terms and conditions of this Agreement, each the Investor agrees, severally and not jointly, agrees to purchase at the Closing or pursuant to Section 1.3 and the Company agrees to sell and issue to each the Investor at the Closing, that number of shares of the Company's Closing 7,396,239 Series A Preferred Stock set forth opposite such Investor's name on Schedule A hereto Shares for the an aggregate purchase price set forth thereonof $3,500,000.00 (the “Series A Purchase Price”).

Sale and Issuance of Series A Preferred Stock. (a) The Company shall adopt and file with the Secretary of State of Delaware on or before the Closing (as defined below) the Certificate of Amendment to the Amended and Restated Certificate of Incorporation in the form attached hereto as Exhibit A C (the "Restated Certificate"“Certificate of Amendment”). (b) On or prior to the Closing (as defined below), the Company shall have authorized (i) the sale and issuance to the Investors of the up to 30,627,957 shares of its Series A Preferred Stock (the “Shares”) and (ii) the issuance of the shares of Common Stock to be issued upon conversion of the Series A Preferred Stock Shares (the "“Conversion Shares"”). The Series A Preferred Stock Shares and the Conversion Shares shall have the rights, preferences, privileges and restrictions set forth in the Amended and Restated Certificate of Incorporation, as amended by the Certificate of Amendment (the “Restated Certificate”). (c) Subject to the terms and conditions of this Agreement, each Investor agrees, severally and not jointly, to purchase at the Closing or pursuant to Section 1.3 1.2, and the Company agrees to sell and issue to each Investor at the ClosingClosing or pursuant to Section 1.2, that number of shares of the Company's Series A Preferred Stock Shares set forth opposite such each Investor's ’s name on Schedule Exhibit A hereto for $0.42467 per share or $0.141557 per share, as applicable (the purchase price set forth thereon“Purchase Price”).

Sale and Issuance of Series A Preferred Stock. (a) The Company’s Board of Directors (the “Board of Directors”) shall adopt, and the Company shall adopt and file with the Secretary of State of the State of Delaware on or before the Closing (as defined below) ), the Restated Certificate of Incorporation Designations, Preferences, and Relative Rights and Limitations of Series A Cumulative Redeemable Preferred Stock in the form attached hereto as of Exhibit A attached to this Agreement (the "Restated Certificate"“Certificate of Designations”). (b) On or prior to the Closing (as defined below), the Company shall have authorized (i) the sale and issuance to the Investors of the Series A Preferred Stock and (ii) the issuance of the shares of Common Stock to be issued upon conversion of the Series A Preferred Stock (the "Conversion Shares"). The Series A Preferred Stock and the Conversion Shares shall have the rights, preferences, privileges and restrictions set forth in the Restated Certificate. (c) Subject to the terms and conditions of this Agreement, each the Investor agrees, severally and not jointly, agrees to purchase at the Closing or pursuant to Section 1.3 Closing, and the Company agrees to sell and issue to each the Investor at the Closing, that number of 1,000,000 shares of Series A Preferred Stock, $0.01 par value per share (the Company's “Series A Preferred Stock”), at a purchase price of $20.00 per share. The shares of Series A Preferred Stock set forth opposite such Investor's name on Schedule A hereto for issued to the purchase price set forth thereonInvestor pursuant to this Agreement (including any shares issued at the Closing) shall be referred to in this Agreement as the “Shares.”

Sale and Issuance of Series A Preferred Stock. (a) The Board of Directors of the Company has approved, and the Company shall adopt and file with the Secretary of State of the State of Delaware on or before the Closing (as defined below) the Restated ), a Certificate of Incorporation Designations in the form attached hereto as Exhibit A (the "Restated CertificateCertificate of Designations"). (b) On or prior to the Closing (as defined below), The Board of Directors of the Company shall have has authorized (i) the sale and issuance to the Investors of the Series A Preferred Stock (as defined below) and (ii) the issuance of the shares of Common Stock (as defined below) to be issued upon conversion of the Series A Preferred Stock (the "Conversion Shares"). The Series A Preferred Stock and the Conversion Shares shall have the rights, preferences, privileges and restrictions set forth in the Restated CertificateCertificate of Designations. (c) Subject to the terms and conditions of this Agreement, each Investor agrees, severally and not jointly, to purchase at the Closing or pursuant to Section 1.3 (as defined below) and the Company agrees to sell and issue to each Investor at the Closing, that number of shares of the Company's Series A Preferred Stock set forth opposite such each Investor's name on Schedule A hereto for the a purchase price set forth thereonof $5.17 per share.

Sale and Issuance of Series A Preferred Stock. (a) The Company shall adopt and file with the Secretary of State of Delaware on or before the Initial Closing (as defined below) the Restated Certificate of Incorporation in the form attached hereto as Exhibit A (the "Restated Certificate"). (b) On or prior to the Initial Closing (as defined below), the Company shall have authorized (i) the sale and issuance to the Investors of the Series A Preferred Stock and (ii) the issuance of the shares of Common Stock to be issued upon conversion of the Series A Preferred Stock (the "Conversion Shares"). The Series A Preferred Stock and the Conversion Shares shall have the rights, preferences, privileges and restrictions set forth in the Restated Certificate. (c) Subject to the terms and conditions of this Agreement, each Investor agrees, severally and not jointly, to purchase at the Initial Closing or pursuant to Section 1.3 and the Company agrees to sell and issue to each Investor at the ClosingInitial Closing or pursuant to Section 1.3, that number of shares of the Company's Series A Preferred Stock set forth opposite such Investor's name on Schedule A hereto for the purchase price set forth thereon.

Sale and Issuance of Series A Preferred Stock. (a) The Company shall adopt and file with the Secretary of State of Delaware on or before the Closing (as defined below) the Restated Certificate of Incorporation in the form attached hereto as Exhibit A (the "“Restated Certificate"”). (b) On or prior to the Closing (as defined below), the Company shall have authorized (i) the sale and issuance to the Investors Imperva shares of the its Series A Preferred Stock (the “Shares”) and (ii) the issuance of the shares of Common Stock to be issued upon conversion of the Series A Preferred Stock Shares (the "“Conversion Shares"”). The Series A Preferred Stock Shares and the Conversion Shares shall have the rights, preferences, privileges and restrictions set forth in the Restated Certificate. (c) Subject to the terms and conditions of this Agreement, each Investor agrees, severally and not jointly, Imperva agrees to purchase at the Closing or pursuant to Section 1.3 and the Company agrees to sell and issue to each Investor Imperva at the Closing, that number of shares Five Million (5,000,000) Shares and as consideration for the Shares Imperva agrees to provide to the Company at Closing the License Agreement (as defined below). The value of the Company's Series A Preferred Stock set forth opposite such Investor's name on Schedule A hereto for License Agreement is at least 100% of the purchase price set forth thereonfair market value of the Shares.