Sale and Purchase of the Purchased Securities. For value received, and on the terms and subject to all of the conditions set forth herein, at the Closing, the Company shall issue and sell to the Purchasers, and the Purchasers shall purchase, the Purchased Securities in exchange for a payment to the Company at the Closing of FIVE MILLION DOLLARS ($5,000,000.00), less fees payable under Section 2.3..
Sale and Purchase of the Purchased Securities. 7 SECTION 2.2. CLOSING..........................................................7 SECTION 2.3. USE OF PROCEEDS..................................................7
Sale and Purchase of the Purchased Securities. Subject to all of the terms and conditions hereof and in reliance on the representations and warranties set forth or referred to herein, the Company agrees to issue and sell to each Purchaser and each Purchaser agrees to purchase, on the Closing Date, the number of Purchased Securities set forth opposite the name of such Purchaser on Schedule 2.1, at a purchase price per share equal to $9.00.
Sale and Purchase of the Purchased Securities. Section 2.01. Sale and Purchase of the Purchased Securities 7 Section 2.02. Closing 7
Sale and Purchase of the Purchased Securities. Subject to all of the terms and conditions hereof and in reliance on the representations and warranties set forth or referred to herein, the Company agrees to issue and sell to each Purchaser and each Purchaser agrees to purchase, on the Closing Date, the number of Purchased Securities set forth opposite the name of such Purchaser on Schedule 2.1, at a purchase price per share equal to $28.00 (the "Per Share Price"). Notwithstanding the foregoing, in the event the Company issues shares of Common Stock, Series D Convertible Preferred Stock ("Series D Preferred") or other class or series of Preferred Stock prior to the Closing Date and the effective price per share of Common Stock issued or issuable upon conversion of the Series D Preferred or effective cost per share of Common Stock of such other class or series of Preferred Stock upon conversion is less than the Per Share Price, such Per Share Price shall be reduced to the lowest of the issue price of such Common Stock, such effective price per share of Common Stock issuable upon conversion of the Series D Preferred or effective cost per share of Common Stock issuable pursuant to such other class or series of Preferred Stock and the number of shares of Purchased Securities to be purchased by each Purchaser shall be increased proportionally. In addition, in such event appropriate changes shall be made herein and in the Exhibits hereto to give effect to such lower Per Share Price.
Sale and Purchase of the Purchased Securities. The Vendor agrees to sell the Purchase Securities to the Purchaser, and the Purchaser agrees to purchase the Purchased Securities from the Vendor on the Closing Date (defined below), on the terms and conditions set forth below.
Sale and Purchase of the Purchased Securities. Subject to the terms and conditions of this Agreement and subject to adjustment pursuant to Section 4.06(c), at the Closing:
(a) The Company shall issue and sell to each Purchaser shares of Company Common Stock (the “Purchased Common Shares”) in the amount set forth opposite such Purchaser’s name on Schedule I, and each Purchaser shall purchase and acquire from the Company such Purchased Common Shares at a per share price equal to $30.66; and
(b) The Company shall issue and sell to each Purchaser shares of Series B Preferred Stock (the “Purchased Preferred Shares” and, together with the Purchased Common Shares, the “Purchased Securities”) in the amount set forth opposite such Purchaser’s name on Schedule I, and each Purchaser shall purchase and acquire from the Company such Purchased Preferred Shares at a per share price equal to $1,000.00.
Sale and Purchase of the Purchased Securities. The obligation of --------------------------------------------- the Company to issue and sell the Purchased Securities and of the Underwriters to purchase the Purchased Securities will be evidenced by an exchange of telegraphic or other written communications ("Terms Agreement"), a form of which is attached hereto as Exhibit A, with such additions and deletions as the parties thereto may determine, at the time the Company determines to sell the Purchased Securities. The Terms Agreement will incorporate by reference the provisions of this Agreement, except as otherwise provided therein, and will specify, among other things, the firm or firms which will be Underwriters, the names of any Representatives, the principal amount of Purchased Securities to be purchased by each Underwriter, the purchase price to be paid by the Underwriters and the terms of the Purchased Securities not already specified in the Indenture, including, but not limited to, interest rate, maturity, and redemption provisions and any sinking fund requirements and whether any of the Securities may be sold to institutional investors pursuant to Delayed Delivery Contracts (as defined below).
Sale and Purchase of the Purchased Securities. Subject to all of the terms and conditions hereof and in reliance on the representations and warranties set forth or referred to herein, the Company agrees to issue and sell to each Purchaser and each Purchaser agrees to purchase, on the Initial Closing Date, the number of Purchased Securities set forth on Schedule 2.1, in the case of Carrier One, or the number of Purchased Securities set forth in the separate notice of allocation and acceptance signed by the Company and such Purchaser on or prior to the date hereof, at a purchase price per Share of US$ 2.00 (the "Per Share Price") (the "Initial Closing"). The sale of the Purchased Securities to each Purchaser at the Initial Closing shall constitute a separate sale hereunder.
Sale and Purchase of the Purchased Securities. Subject to all of the terms and conditions hereof and in reliance on the representations and warranties set forth or referred to herein, the Company agrees to issue and sell to
