Subsequent Purchases and Sales Sample Clauses

Subsequent Purchases and Sales. (a) Subject to the terms and conditions hereof, following the Second Closing, the Company shall have the right to require, subject to satisfaction or waiver of the applicable conditions set forth in Sections 7.3 and 7.4, Buyer to purchase from the Company from time to time at one or more Subsequent Closings, an aggregate of 10,526,316 Purchased Shares (each referred to as a "Subsequent Purchase" and, together, the "Subsequent Purchases"). Subject to the terms and conditions hereof, the Closing of any Subsequent Purchase shall occur as soon as possible following the date on which the applicable conditions set forth in Section 7.3 and 7.4 shall have been satisfied or duly waived.
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Subsequent Purchases and Sales. (a) Subject to the terms and conditions hereof, following the Initial Closing Buyer will purchase and acquire (and the Advancing Party shall advance sufficient funds for such purchase) from the Company, and the Company will sell and deliver to Buyer, subject to satisfaction or waiver of the applicable conditions set forth in Sections 7.2, 7.3 and 7.4, (i) at the Second Closing 3,078,988 Purchased Shares and (ii) after the Second Closing from time to time as determined by the Company (but in any event on or before the earlier of eighteen months after the Stockholder Approval and June 30, 1999) at one or more Subsequent Closings an aggregate of 4,653,325 Purchased Shares (each Closing referred to in clauses (i) and (ii) referred to as a "Subsequent Purchase" and, together, the "Subsequent Purchases").
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Subsequent Purchases and Sales. (a) Subject to the terms and conditions hereof, following the Second Closing, the Company shall be obligated to sell to the Purchaser, from time to time at one or more Subsequent Closings, an aggregate of 35,000 shares of Class AB Preferred Stock, apportioned between the Class ABI Preferred Stock and the Class ABII Preferred Stock as set forth in Section 10.17 (each referred to as a "Subsequent Purchase" and, together, the "Subsequent Purchases"), subject to satisfaction or waiver of the conditions set forth in Sections 7.1 and 7.3 and Article VIII. Subject to the terms and conditions hereof, the Closing of any Subsequent Purchase shall occur as soon as practicable following the date on which the conditions set forth in Article VII and Article VIII shall have been satisfied or duly waived and the applicable notice period referred to in Section 3.3(b) below shall have expired; provided, however, that no Subsequent Purchase shall occur within six months following the date of the Second Closing unless the Purchaser expressly consents in writing to any such Subsequent Purchase. Concurrently with the earlier of (i) the first sale of Class AB Preferred Stock (or debt instrument issued as described in Section 10.16) or (ii) the date on which the Company receives a written notice from the Purchaser notifying the Company that it has failed to purchase the amount of Class AB Preferred Stock required by the terms of this Agreement (which notice shall not be delivered prior to December 31, 1998), the Company shall issue 625,000 Warrants to the Purchaser and shall execute and deliver the Supplemental Warrant Agreement to the Purchaser and shall issue the Supplemental Warrants. The Company represents and warrants that upon satisfaction of the conditions set forth herein, no further action is required to permit the execution and delivery of the Supplemental Warrant Agreement and for the Warrants and the Supplemental Warrants to be deemed issued and outstanding.
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Subsequent Purchases and Sales. (a) Subject to the terms and conditions hereof, following the Second Closing, the Company shall be obligated to sell to the Purchaser, from time to time at one or more Subsequent Closings, an aggregate of 18,667 shares of Class AA Preferred Stock and 21,333 shares of Class AB Preferred Stock, apportioned between the Class AA Preferred Stock and the Class AB Preferred Stock in proportionate amounts and apportioned between the Class ABI Preferred Stock and the Class ABII Preferred Stock as set forth in Section 10.17 (each referred to as a "Subsequent Purchase" and, together, the "Subsequent Purchases"), subject ------------------- -------------------- to satisfaction or waiver of the conditions set forth in Sections 7.1 and 7.3 and Article VIII. Subject to the terms and conditions hereof, the Closing of any Subsequent Purchase shall occur as soon as practicable following the date on which the conditions set forth in Article VII and Article VIII shall have been satisfied or duly waived and the applicable notice period referred to in Section 3.3(b) below shall have expired.
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Subsequent Purchases and Sales. (a) At any time and from time to time within thirty (30) days after the Initial Closing, one or more additional Investors who become a party to this Agreement pursuant to Section 6.16 may purchase, and the Company agrees to sell to each such Investor, at Subsequent Closings (as defined below) up to an aggregate of 97,222 shares (the “Additional Shares”) of the Company’s common stock, par value $0.001 per share, and warrants (the “Additional Warrants”) to purchase up to an aggregate of 97,222 shares (the “Additional Warrant Shares”) of Common Stock at a purchase price of $3.60 for each such Additional Share and Additional Warrant (for an aggregate purchase price of up to $349,999.20) (the “Additional Purchase Price”). Upon the joinder of any additional Investor to this Agreement pursuant to Section 6.16, the term “Share” shall include such Investor’s Additional Shares, the term “Warrants” shall include such Investor’s Additional Warrants and the term “Warrant Shares” shall include such Investor’s Additional Warrant Shares.
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Subsequent Purchases and Sales. Subject to the terms and conditions set forth in this Agreement, the Company shall sell and issue to the Purchaser, and the Purchaser shall purchase from the Company such additional shares of Common Stock as set forth in this Section 1.3.
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Subsequent Purchases and Sales 
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Related to Subsequent Purchases and Sales

  • Purchases and Sales Neither the Corporation nor the Subsidiaries has approved, has entered into any agreement in respect of:

  • Purchase and Sale of the Units Upon the terms and subject to the conditions of this Agreement, at the Closing, the Sellers shall severally sell, assign, transfer, convey and deliver, or cause to be sold, assigned, transferred, conveyed and delivered, to the Purchaser, all of the Units, and the Purchaser shall purchase the Units, free and clear of any Encumbrances.

  • Purchase and Sale of the Shares and Warrants Subject to the terms and conditions of this Agreement, on the Closing Date, each of the Investors shall severally, and not jointly, purchase, and the Company shall sell and issue to the Investors, the Shares and Warrants in the respective amounts set forth opposite the Investors’ names on the signature pages attached hereto in exchange for the Purchase Price as specified in Section 3 below.

  • Purchase and Sale Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at the purchase price set forth in Schedule I hereto the principal amount of the Securities set forth opposite such Underwriter’s name in Schedule II hereto.

  • Purchase and Sale of Notes and Warrants (a) Upon the following terms and conditions, the Company shall issue and sell to the Purchasers, and the Purchasers shall purchase (in the amounts set forth as Exhibit A hereto) from the Company, secured convertible demand promissory notes in the aggregate principal amount of up to Eight Million Dollars ($8,000,000), convertible into shares of the Company’s common stock, par value $0.001 per share (the “Common Stock”), in substantially the form attached hereto as Exhibit B (the “Notes”). The Company and the Purchasers are executing and delivering this Agreement in accordance with and in reliance upon the exemption from securities registration afforded by Section 4(2) of the U.S. Securities Act of 1933, as amended, and the rules and regulations promulgated thereunder (the “Securities Act”), including Regulation D (“Regulation D”), and/or upon such other exemption from the registration requirements of the Securities Act as may be available with respect to any or all of the investments to be made hereunder.

  • Purchase and Sale of the Interests Upon the terms and subject to the conditions of this Agreement, at the Closing, the Seller shall sell, assign, transfer, convey and deliver, free and clear of all Encumbrances (other than restrictions on transfer of securities imposed by applicable state and federal securities laws) to the Purchaser, the Interests, and the Purchaser shall purchase the Interests.

  • Purchase and Sale of Shares and Warrants Subject to the satisfaction (or waiver) of the conditions to Closing set forth in this Agreement and the Escrow Agreement, each Subscriber shall purchase the Shares and Warrants for the portion of the Purchase Price indicated on the signature page hereto, and the Company shall sell such Shares and Warrants to the Subscriber. The Purchase Price for the Shares and Warrants shall be paid in cash. The entire Purchase Price shall be allocated to the Shares.

  • Purchase and Sale of Receivables On the Closing Date, subject to the terms and conditions of this Agreement, the Seller agrees to sell to the Purchaser, and the Purchaser agrees to purchase from the Seller, the Receivables and the other property relating thereto (as defined below).

  • Purchase and Sale of Common Shares and Warrants (a)Purchase of Common Shares and Warrants. Subject to the satisfaction (or waiver) of the conditions set forth in Sections 6 and 7 below, the Company shall issue and sell to each Buyer, and each Buyer severally, but not jointly, shall purchase from the Company on the Closing Date (as defined below), the number of Common Shares as is set forth opposite such Buyer's name in column (4) on the Schedule of Buyers, along with the Warrants to acquire up to that number of Warrant Shares as is set forth opposite such Buyer's name in column (5) on the Schedule of Buyers (the “Closing”).

  • Purchase and Sale of the Warrants (i) As payment in full for the 4,000,000 Warrants being purchased under this Agreement, the Purchaser shall pay $6,000,000 (the “Purchase Price”), by wire transfer of immediately available funds in accordance with the Company’s wiring instructions, at least one (1) business day prior to the effective date of the Registration Statement, or on such other date as the Company and the Purchaser may agree.

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