Securities Purchase Agreements. 17. Securities Purchase Agreement dated as of August 23, 2006 entered into by and between the Borrower and the Lender;
Securities Purchase Agreements. The term “Securities Purchase Agreements” shall mean the Series A Purchase Agreement, the Series A-1 Purchase Agreement, the Series B Purchase Agreement and the Series D Securities Purchase Agreement.”
Securities Purchase Agreements. This Agreement is made and accepted subject to all of the terms, provisions and conditions of the Securities Purchase Agreements. In the event of a conflict between the terms, provisions and conditions of this Agreement and the terms, provisions and conditions of the Securities Purchase Agreements (including as to any matter that is addressed in the Securities Purchase Agreements and not in this Agreement), the terms, provisions and conditions of the Securities Purchase Agreements shall take precedence.
Securities Purchase Agreements. (i) SIBL, SFG and the Company hereby consent and agree to terminate that certain Series E Preferred Stock Purchase Agreement, dated as of March 29, 2005, by and between the Company, SIBL and SFG, in its entirety, including Section 11 thereof, (ii) SVCH, on behalf of itself and the Stanford Assignees (as defined below), XxXxxxxx and the Company hereby consent and agree to terminate that certain Series D Preferred Stock Purchase and Warrant Exercise Agreement, dated as of January 31, 2003, by and among the Company, SVCH, XxXxxxxx and the Stanford Assignees, in its entirety, including Section 11 thereof, and SVCH represents and warrants that each Stanford Assignee has granted it the right, power and authority to terminate such agreement on his behalf, (iii) SVCH, XxXxxxxx and the Company hereby consent and agree to terminate that certain Securities Purchase Agreement, dated as of April 3, 2002, by and among the Company, SVCH and XxXxxxxx, in its entirety, and (iv) the Company, each Stanford Party, on behalf of itself and its Affiliates and assignees, and XxXxxxxx, on behalf of himself and his Affiliates, Immediate Family and assignees, hereby consents and agrees to terminate any other securities purchase, subscription or similar Contract, including all its or his rights thereunder, in effect between any such Person and the Company (all of the foregoing agreements in this Section 2(c), collectively, each as Amended from time to time, the "Securities Purchase Agreements"). The Stanford Parties and XxXxxxxx each agrees that the Company has no Liabilities in respect of any of the Securities Purchase Agreements to it or him or its or his respective assignees or Affiliates. Each of the Stanford Parties and XxXxxxxx hereby represents and warrants that it or he has not Transferred or assigned any rights under any of the Securities Purchase Agreements to any Person.
Securities Purchase Agreements. Each Securities Purchase Agreement has been duly authorized, executed and delivered by the Company and the Sponsor, and is a valid and binding agreement of the Company and the Sponsor, enforceable against the Company and the Sponsor in accordance with its terms except as the enforceability thereof may be limited by bankruptcy, insolvency, or similar laws affecting creditors’ rights generally from time to time in effect and by equitable principles of general applicability.
Securities Purchase Agreements. For the purpose of this Section 5, the term "Securities Purchase Agreements" means (i) this Agreement, (ii) the securities purchase agreement dated as of December 31, 2001 between the Company and The Stephen Adams Living Trust, and (iii) the Securities Purchase Agreemexx xxxxx xx xf January 31, 2002 between the Company and Arc Capital.
Securities Purchase Agreements. 1 Violations........................................................................................................ 12
Securities Purchase Agreements. Prior to the Closing Date, the Company shall have furnished to the Placement Agent executed copies of the Securities Purchase Agreement entered into by the Company and Investors for the sale of the Placement Shares.
Securities Purchase Agreements. The Company shall have entered into the Securities Purchase Agreements with the Purchasers and such agreements shall be in full force and effect. All opinions, letters, evidence and certificates mentioned above or elsewhere in this Agreement shall be deemed to be in compliance with the provisions hereof only if they are in form and substance reasonably satisfactory to counsel for the Placement Agent.
Securities Purchase Agreements. Securities Purchase Agreement dated as of August 23, 2006 entered into by and between the Borrower and the Lender; Securities Purchase Agreement dated as of December 29, 2006 entered into by and between the Borrower and the Lender; Securities Purchase Agreement dated as of March 27, 2007 entered into by and between the Borrower and the Lender; Securities Purchase Agreement dated as of August 24, 2007 entered into by and between the Borrower and the Lender; Securities Purchase Agreement dated as of July 29, 2008 entered into by and between the Borrower and the Lender, as amended on April 6, 2009; Agreement dated June 5, 2009 by and between the Borrower and the Lender pursuant to which the Lender purchased a secured convertible debenture in the original principal amount of $715,000; Agreement dated July 15, 2009 by and between the Borrower and the Lender pursuant to which the Lender purchased a secured convertible debenture in the original principal amount of $535,000; Agreement dated August 14, 2009 by and between the Borrower and the Lender pursuant to which the Lender purchased a secured convertible debenture in the original principal amount of $475,000; SECURITY DOCUMENTS Pledge and Security Agreement dated as of August 23, 2006 entered into by and between the Borrower and the Lender; Security Agreement dated as of March 27, 2007 entered into by and between the Obligors and the Lender; Security Agreement (Patent) dated as of March 27, 2007 entered into by and between the Obligors and the Lender; Security Agreement dated as of August 24, 2007 entered into by and between the Obligors and the Lender; Security Agreement (Patent) dated as of August 24, 2007 entered into by and between the Obligors and the Lender; Security Agreement dated as of July 29, 2008 entered into by and between the Borrower and the Lender (the “2008 Security Agreement”); Patent Security Agreement dated as of July 29, 2008 entered into by and between the Borrower and the Lender (the “2008 IPSA”, and together with the 2008 Security Agreement, the “2008 Collateral Agreements”);
