Sale and Issuance of Series E Preferred Stock. (a) The Company shall adopt and file with the Secretary of State 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").
Sale and Issuance of Series E Preferred Stock. (a) The Company shall adopt and file with the Secretary of State of the State of Delaware on or before the Closing (as defined in Section 1.2(a) below) the Fifth Amended and Restated Certificate of Incorporation in the form attached hereto as EXHIBIT B (the "RESTATED CERTIFICATE").
Sale and Issuance of Series E Preferred Stock. (a) The Company shall adopt and file with the Secretary of State of California, and the Secretary of State of California shall accept on or before the First Closing (as defined below), the Amended and Restated Articles of Incorporation in the form attached hereto as Exhibit A.
Sale and Issuance of Series E Preferred Stock. (a) The Company shall authorize the issuance and sale to Investors of an aggregate of up to 1,465,261 shares of the Company's Series E Preferred Stock, having the rights, restrictions, privileges and preferences set forth in the Restated Articles of Incorporation in the form attached hereto as Exhibit A (the "Restated Articles") on or before the Closing (as defined below). The Company shall adopt and file with the Secretary of State of California on or before the Closing the Restated Articles.
Sale and Issuance of Series E Preferred Stock. (a) The Company shall adopt and file with the Secretary of State of California on or before the Closing (as defined below) the Fifth Amended and Restated Articles of Incorporation in the form attached hereto as Exhibit A (the --------- "Restated Articles").
Sale and Issuance of Series E Preferred Stock. Subject to the terms and conditions of this Agreement, the Purchaser agrees to purchase at the Closing (as defined below) and the Company agrees to sell and issue to the Purchaser at the Closing 1,555,556 shares of the Company's Series E Preferred Stock at a purchase price of $2.25 per share. The shares of Series E Preferred Stock issued to the Purchaser pursuant to this Agreement shall be hereinafter referred to as the "Stock."
Sale and Issuance of Series E Preferred Stock. (a) On or before the First Closing (as defined below), the Company will have authorized the issuance, pursuant to the terms of this Agreement, of up to 3,253,336 shares of the Company's Series E Preferred Stock, and will adopt and file with the Secretary of State of the State of Delaware the Amended and Restated Certificate of Incorporation in the form attached hereto as Exhibit B (the "RESTATED CERTIFICATE").
Sale and Issuance of Series E Preferred Stock. The Company shall sell to the Investors and the Investors shall purchase from the Company, at a purchase price of $3.10 per share, a total of up to 4,200,000 shares of Series E Preferred Stock (the "Shares").
Sale and Issuance of Series E Preferred Stock. Subject to the terms ---------------------------------------------- and conditions of this Agreement, the Investor agrees to purchase and the Company agrees to sell and issue to the Investor at Closing (as that term is hereinafter defined), 800,000 shares (the "Preferred Shares") of the Company's Series E Preferred Stock, $0.0001 par value per share (the "Series E Preferred"), for a purchase price of $6.25 per share.
Sale and Issuance of Series E Preferred Stock. Subject to the terms and conditions hereof, the Company will issue and sell to the Purchasers and the Purchasers will buy that number of Shares set forth opposite each Purchaser’s name on the Schedule of Purchasers attached hereto as Exhibit A at a per share purchase price of $4.80446 (the “Per Share Price”) for the consideration specified opposite the name of each Purchaser in the Schedule of Purchasers. The Company’s agreements with each of the Purchasers are separate agreements, and the sale of the Shares to each Purchaser is a separate sale.
