Sale and Issuance of Warrants. Subject to the terms and conditions of this Agreement, each Investor, severally and not jointly, agrees with the Company to purchase at the Closing and the Company agrees with such Investor to issue to such Investor at the Closing a Warrant or Warrants to subscribe for certain number of Series B+ Preference Shares or New Financing Shares (as defined in the 58 Warrant II, if applicable) as set forth against such Investor’s name in Schedule B attached hereto (collectively, the “Warrant Shares”), at the purchase price set forth against such Investor’s name in Schedule B, on the terms and conditions contained in the Warrant(s) in the form and substance attached hereto as Exhibit A (collectively the “Warrants”, and each, a “Warrant”).
Sale and Issuance of Warrants. Subject to the terms and conditions of this Agreement, each Investor severally (and not jointly and severally) agrees to purchase at the Closing, and the Company agrees to issue and sell to each Investor at the Closing, a warrant to purchase that number of shares of Common Stock (the “Warrant”), equal to twenty-five percent (25%) of the number of Shares purchased by such Investor, substantially in the form attached hereto as Exhibit A.
Sale and Issuance of Warrants. (a) The Company has, or before the Closing (as defined below) will have, authorized the grant to the Purchaser of warrants (each a "Warrant" and, collectively, the "Warrants") to purchase up to an aggregate 10,124,384 shares of Common Stock (as such number may be adjusted from time to time as provided herein) in consideration of the entry into the Amended Credit Agreement by the Purchaser and the other transactions contemplated hereby and thereby. Upon issuance of the Warrants to the Purchaser, all other warrants held by the Purchaser, as listed on SECTION 1.2 of the Disclosure Schedule (the "Old Warrants"), shall be cancelled and exchanged for the Warrants. Each Warrant is exercisable immediately.
(b) Each Warrant entitles the registered holder of such Warrant to purchase (during the Exercise Period) one fully paid, nonassessable Warrant Share at a price of $0.01 per share (as such amount may be adjusted from time to time as provided herein, the "Exercise Price").
(c) Without limiting the foregoing, the Preferred Stock and the Warrants (and the grant thereof hereunder) are additional compensation for the cost, expense and risk incurred by the Purchaser associated with the Amended Credit Agreement, but neither the grant nor the exercise of any Warrants or the issuance of the Preferred Stock in any way affects or relieves the Company or Borrowers (or any affiliate thereof) of any of its or their obligations to fully and timely perform and to fully and timely repay the entire indebtedness due under the Amended Credit Agreement and related Loan Documents (as defined in the Amended Credit Agreement).
Sale and Issuance of Warrants. The Company shall issue and sell to Purchaser at the Closing (as hereinafter defined) Warrants to purchase 12,500,000 Common Shares, representing, as of the date hereof, 7.91 % of the Common Shares on a fully diluted basis. All Warrant Shares (as hereinafter defined) to be purchased pursuant to the Warrants shall have the rights, privileges and preferences as set forth in the Articles. The Common Shares or Other Securities for which the Warrants shall be exercisable upon payment of the exercise price set forth in the Warrant are referred to herein as the "Warrant Shares."
Sale and Issuance of Warrants. Concurrently with the execution and delivery of this Agreement, the Company hereby issues and sells to each Investor, and each Investor hereby purchases from the Company, a Warrant in substantially the form attached hereto as Exhibit B. In consideration of such Warrant, each Investor hereby delivers to the Company payment by check or wire transfer of the purchase price set forth on Exhibit A.
Sale and Issuance of Warrants. Subject to the terms and conditions of this Agreement, in consideration of and in express reliance upon, the consummation of the Private Placement, the Backstop Commitment and the other transactions contemplated by this Agreement, at the Closing, the Company shall issue and sell to Investors and Investors shall acquire and receive from the Company 1,031,250 warrants, each for the right to purchase one share of Common Stock on the terms set forth in the Warrant Agreement (the “Warrants”).
Sale and Issuance of Warrants. Subject to the terms and conditions hereof, the Company agrees to sell and issue to each of the Investors, and the Investors severally agree to purchase from the Company, Warrants in the form attached hereto as EXHIBIT B.
Sale and Issuance of Warrants. Subject to the terms and conditions of this Agreement, Investor agrees to purchase at the Closing (as defined below), and Xxxxxxxxx agrees to sell to Investor, 48,631 shares of the Company's common stock, par value $.01 per share (the "Common Stock"), and the Company agrees to sell and issue to Investor at the Closing 48,631 warrants (the "Warrants") convertible into shares of Common Stock in certain circumstances as set forth in the form of Warrant Certificate (the "Warrant Certificate"), attached hereto as Exhibit F (a "Warrant"); such shares of Common Stock and Warrants shall be transferrable only as units (the "Units"), each comprised of one share of Common Stock and one Warrant. Xxxxxxxxx agrees to sell to Investor, and Investor agrees to purchase, such shares of Common Stock at a price of $59.62 per share of Common Stock and the Company agrees to sell, and Investor agrees to purchase, such Warrants at a price of $6.00 per Warrant, or $65.62 per Unit, such consideration to be payable by certified or bank cashier's check in immediately available funds or by wire transfer payable to the order of Xxxxxxxxx or the Company, as the case may be.
Sale and Issuance of Warrants. As further consideration for the payment of the Purchase Price, subject to the terms and conditions of this Agreement, the Company agrees to issue to the Investor the following (the "Warrants"):
(a) a Series 2002D Warrant, substantially in the form attached hereto as Exhibit A, entitling the holder thereof to purchase a number of common shares of the Company ("Common Shares") equal to one-half of the number of Shares at an exercise price of U.S. $1.50 per share during the period commencing on the date of issue and continuing until the earlier to occur of (i) 5:00 p.m. (Mountain Time) on the fifth anniversary of the date of issue, and (ii) the date 30 days following the fifth day (whether or not consecutive) the closing price of the Common Shares on the Nasdaq National Market (or, if the Company is not listed thereon, it principal U.S. trading market at the time) equals or exceeds U.S. $4.50;
(b) a Series 2002E Warrant, substantially xx xxx xxxx attached hereto as Exhibit B, entitling the holder thereof to purchase a number of Common Shares equal to one-half of the number of Shares at an exercise price of U.S. $2.00 per share during the period commencing on the date of issue and continuing until the earlier to occur of (i) 5:00 p.m. (Mountain Time) on the fifth anniversary of the date of issue, and (ii) the date 30 days following the fifth day (whether or not consecutive) the closing price of the Common Shares on the Nasdaq National Market (or, if the Company is not listed thereon, it principal U.S. trading market at the time) equals or exceeds U.S. $5.00;
(c) a Series 2002F Warrant, substantially in the form attached hereto as Exhibit C, entitling the holder thereof to purchase a number of Common Shares equal to one-half of the number of Shares at an exercise price of U.S. $2.50 per share during the period commencing on the date of issue and continuing until the earlier to occur of (i) 5:00 p.m. (Mountain Time) on the fifth anniversary of the date of issue, and (ii) the date 30 days following the fifth day (whether or not consecutive) the closing price of the Common Shares on the Nasdaq National Market (or, if the Company is not listed thereon, it principal U.S. trading market at the time) equals or exceeds U.S. $5.50; The Common Shares issuable upon exercise of the Warrants are hereinafter referred to as the "Warrant Shares" and, collectively with the Shares and the Warrants, the "Securities."
Sale and Issuance of Warrants. Subject to the terms and conditions of this Agreement, for every One Million Dollars ($1,000,000) of principal paid by a Purchaser to the Company pursuant to the Note held by such Purchaser, Company agrees to issue to such Purchaser a warrant to purchase 25,000 shares of the Company's Common Stock at a price of $5.40 per share.
