Sale of Warrants. In any merger, consolidation, reorganization, repurchase or reclassification or similar transaction, in which holders of Capital Stock of the Issuer sell or otherwise Transfer Capital Stock of the Issuer held by them, the Issuer will cause the transaction to be structured to permit the Holders to deliver Warrants in connection with any such transaction without requirement for exercise thereof as a condition to participation and for consideration not less than the consideration such Holders would have received had such Holders exercised their Warrants immediately prior thereto, less any applicable Exercise Price.
Sale of Warrants and SJMB Shares at Closing Time of Underwritten Offering. Provided that the Net Price Per Share to be paid to the Holder by the Company at the Closing Time of the Underwritten Offering is not less than $0.75 for each Warrant Unit and each SJMB Share sold (before reflecting stock splits, divisions, reverse stock splits or share combinations) and subject to paragraph 2.2 hereof, the Holder hereby agrees to sell to the Company the Holder's Warrants and SJMB Shares and the Company agrees to purchase at the Closing Time all the Holder's Warrants and SJMB Shares out of the Net Proceeds of the Underwritten Offering. At the Closing Time, Holder agrees to execute and deliver to the Company, at the location set as the place for closing the Underwritten Offering, the warrant assignment attached hereto as Addendum D (the "Warrant Assignment") with respect to Warrants sold to the Company and a Stock Assignment with respect to the SJMB Shares sold to the Company. The Holder agrees to accept the Net Price Per Share as the purchase price for each Warrant Unit and SJMB Share sold determined as provided in paragraph 2.5 hereof for its Warrants and SJMB Shares, provided that the Net Price Per Share is not less than $0.75 for each Warrant Unit and SJMB Share (before reflecting stock splits, divisions, reverse stock splits or share combinations).
Sale of Warrants. Subject to the terms and conditions hereof, each Investor agrees, severally and not jointly, to purchase at the Closing and the Company agrees to issue and sell to each Investor, that number of Warrants set forth opposite each Investor's name on Exhibit A, at a price of $0.1251 per Warrant (the "Warrant Purchase Price"). The sum of the Warrant Purchase Price and the Share Purchase Price is referred to herein as the "Purchase Price."
Sale of Warrants. The Company will sell and deliver to the Representative, at a purchase price of $0.125 per Warrant less the underwriting discounts, 1,200,000 Warrants, dated on the Closing Date, substantially in the form of Exhibit A, attached hereto and by this reference incorporated herein, evidencing the right of the Representative to purchase 1,200,000 shares of Stock at the price of $5.00 per share and upon the terms and conditions provided in the Warrants. The Company shall not be obligated to sell and deliver the Warrants, and the Underwriter will not be obligated to purchase and pay for the Warrants, except upon payment for the shares pursuant to Subsection 3.02.01 hereof. The Representative may purchase for nominal consideration, at the closing of the sale of all the Stock and Warrants contemplated by this Underwriting Agreement, Representative's Warrants entitling Representative to 120,000 shares of Stock and 120,000 Warrants, which shall not be exercisable or transferable for a twelve month period following the Effective Date. The Representative's Warrants shall be exercisable for a period of four years at $8.25 per share of Stock and $.206 per Warrant exercisable for Stock at $10.725, upon the terms and conditions provided in the Representative's
Sale of Warrants. In addition to the sale and issuance of the ---------------- Series D Shares pursuant to Section 2.1 hereof, the Corporation desires to sell to VantagePoint Communications Partners, LP and VantagePoint Venture Partners 1996 (collectively, "VantagePoint") Warrants in the form attached hereto as Exhibit B (the "Warrants") to purchase an aggregate of 4,273,504 Series D Shares (the "Warrant Shares")and in the amounts as set forth on Exhibit A, and VantagePoint desires to purchase such Warrants from the Corporation in the amounts as set forth on Exhibit A, all on the terms and conditions set forth in this Agreement.
Sale of Warrants. Upon execution of this Agreement, Purchaser hereby agrees to and does purchase from Seller, and Seller hereby agrees to and does sell to Purchaser, one Series B-1 Warrant and one Series B-2 Warrant per the specifications set forth on the last page of this Agreement.
Sale of Warrants. Subject to the terms and conditions of this ---------------- Agreement, at the Closing the Company will sell and issue to the Purchaser, and the Purchaser will purchase, the Warrants for the aggregate purchase price of $.01 (the "Purchase Price").
Sale of Warrants. At the Closing (as defined in Section 3), the Company will sell to each Purchaser, and each Purchaser will purchase from the Company, a Warrant to purchase the number of shares of Common Stock set forth opposite such Purchaser’s name on the Schedule of Purchasers (such shares of Common Stock, the “Underlying Shares”). Such number of Underlying Shares shall be equal to that number of shares such Purchaser purchases on or prior to the Closing pursuant to such Purchaser’s exercise of its warrant, dated October 16, 2009 (the “October 0000 Xxxxxxx”), issued to it pursuant to the Securities Purchase Agreement, dated October 12, 2009 (the “Securities Purchase Agreement”), among the Company and each of the persons named on Schedule I thereto. The aggregate purchase price for the Warrants purchased by each Purchaser is set forth opposite such Purchaser’s name on the Schedule of Purchasers.
Sale of Warrants. Subject to the terms and conditions of this Agreement, the Seller hereby agrees to sell and deliver to the Buyer, and the Buyer hereby agrees to purchase the Warrants from the Seller.
Sale of Warrants. In any Organic Change in which holders of capital stock of the Company sell or otherwise assign, transfer or dispose of their shares, the Company shall cause the transaction to be structured to permit the Holders of Warrants to deliver Warrants in connection with any such Organic Change without requirement for exercise thereof as a condition to participation and for consideration not less than the consideration such Holders would have received had such Holders exercised their Warrants immediately prior thereto, less any applicable Exercise Price.
