Subsequent Sale of Series B Preferred Stock. The Company may ------------------------------------------- sell up to the balance of the authorized number of shares of Series B Preferred Stock not sold at the Closing to such purchasers as it shall select, at a price not less than $8.57 per share, in one or more subsequent closings.
Subsequent Sale of Series B Preferred Stock. The Company may sell up to an additional 2,298,850 shares of Series B Preferred Stock at a price of not less than $8.70 per share prior to November 30, 1999 to one or more additional purchasers selected by the Company. Any such additional purchaser shall execute a purchase agreement in substantially the form of this Agreement and shall become a party to the Amended and Restated Investors' Rights Agreement in the form attached hereto as Exhibit B (the "Investors' Rights Agreement") and the Amended and Restated Stockholders' Agreement in the form attached hereto as Exhibit C (the "Stockholders' Agreement").
Subsequent Sale of Series B Preferred Stock. If less than all of the authorized number of shares of Series B Preferred Stock are sold at the Closing, for a period up to and through January 31, 1999 (the "Subsequent Period") the Company may sell up to the balance of the authorized but unissued Series B Preferred Stock to such persons as are approved by the Company's Board of Directors and who meet the suitability requirements set forth in Section 3.6 hereof at the same price per share as the Series B Preferred Stock purchased and sold at the Closing (each a "Subsequent Closing"). Any such sale shall be upon the same terms and conditions as those contained herein, and such persons or entities shall become parties to this Agreement, the Amended and Restated Investors' Rights Agreement in the form attached as Exhibit C (the "Investors' Rights Agreement"), the Amended and Restated Right of First Refusal and Co-Sale Agreement in the form attached as Exhibit D (the "Co-Sale Agreement") and the Amended and Restated Voting Agreement in the form attached as Exhibit E (the "Voting Agreement") (collectively the "Other Agreements"), and shall have the rights and obligations of an Investor hereunder and thereunder."
Subsequent Sale of Series B Preferred Stock. The Company may sell the balance of the Shares authorized in the Restated Certificate and to be sold pursuant to this Agreement but not sold at the Initial Closing to such investors (the “New Investors”) as may be approved by the Board of Directors, at a price of not less than $2.00 per share, provided that the agreement for such sale is executed within sixty (60) days after the Closing. All such purchases of Shares shall be made on the terms and conditions set forth in this Agreement, including, without limitation, satisfaction of the representations and warranties by the Investors as set forth in Section 3. Such purchases of Shares shall be made by each subsequent purchaser by executing counterpart signature pages to this Agreement and the Ancillary Agreements (as defined below), making such purchaser a party and bound by the terms and conditions of this Agreement and the Ancillary Agreements. Any Shares sold pursuant to this Section 1.3 shall be deemed to be “Shares” for all purposes under this Agreement and any purchasers thereof shall be deemed to be “Investors” under this Agreement and each of the Ancillary Agreements. Each sale of additional Shares pursuant to this Section 1.3 shall be deemed a “Subsequent Closing,” and the Initial Closing or any Subsequent Closing may be referred to herein as a “Closing.” At any Subsequent Closing, the Company shall deliver to each New Investor a share certificate representing the shares that such New Investor is purchasing against payment of the purchase price therefor by check or wire transfer. Schedule A to this Agreement shall be updated to reflect the number of Shares purchased at each Subsequent Closing and the parties purchasing such Shares and shall thereafter be promptly delivered to each Investor who purchased shares at any Closing.
Subsequent Sale of Series B Preferred Stock. The Company may sell up to the balance of the authorized number of shares of Series B Preferred Stock not sold at the Closing to any Investor that did not purchase that number of shares of Series B Preferred Stock set forth opposite such Investor's name on SCHEDULE A, at a price not less than $0.06814 per share, provided the agreement for sale is executed not later than November 30, 1997. Any such Investor shall become a party to this Agreement and that certain Investors' Rights Agreement dated November 10, 1997, by and among the Company and the Investors, the form of which is attached hereto as EXHIBIT B (the "Investors' Rights Agreement") and shall have the rights and obligations hereunder and thereunder, unless such Investor enters into an acquisition agreement that provides otherwise.
Subsequent Sale of Series B Preferred Stock. The Company may sell ------------------------------------------- up to 56,434 additional shares of Series B Preferred Stock at a price not less than $4.43 per share to such other purchaser(s) as the Company's Board of Directors shall select. Any purchaser in a subsequent closing occurring within sixty (60) days following the Closing shall execute a counterpart signature page to this Agreement and Amendment No. 2 to the Investors' Rights Agreement (as defined below) and any additional sales of Series B Preferred Stock shall be deemed to be made hereunder. The sale of any additional shares of Series B Preferred Stock under this Section 1.3 occurring within sixty (60) days following the Closing shall not be subject to the Investor's right of first offer contained in Section 2.4 of the Investor Rights Agreement, as amended.
Subsequent Sale of Series B Preferred Stock. 2 If less than all of the authorized number of shares of Series B Preferred Stock are sold at the Closing, then, subject to the terms and conditions of this Agreement, the Company may sell, on or before January 10, 2000, up to the balance of the authorized but unissued Series B Preferred Stock to such persons as the Board of Directors of the Company may determine at the same price per share as the Series B Preferred Stock purchased and sold at the Closing. Any such sale shall be made upon the same terms and conditions as those contained herein, and such persons or entities shall become parties to this Agreement and all Ancillary Agreements, and shall have the rights and obligations of an Investor hereunder and thereunder.
Subsequent Sale of Series B Preferred Stock. To the extent that less than 1,092,026 shares of Series B Preferred Stock are sold at the Closing, the Company may sell any remaining shares of Series B Preferred Stock at a price not less than $3.20511 per share to such other purchaser(s) as the Company's Board of Directors shall select. Any purchaser in a subsequent closing occurring within sixty days following the Closing shall execute a counterpart signature page to this Agreement and the Investors' Rights Agreement, the Stock Restriction Agreement and any additional sales of Series B Preferred Stock to Investors shall be deemed to be made hereunder. The sale of any additional shares of Series B Preferred Stock under this Section 1.3 occurring within sixty days following the Closing shall not be subject to the Investor's right of first offer contained in Section 2.4 of the Investors' Rights Agreement to be executed contemporaneously with this Agreement (the "Investors' Rights Agreement"); otherwise, such shares shall be subject to the Investors' right of first offer under the Investors' Rights Agreement.
Subsequent Sale of Series B Preferred Stock. The Company may sell ------------------------------------------ up to the balance of the authorized number of shares of Series B Preferred Stock not sold at the Initial Closing to such purchasers as it shall select, at a price not less than $5.00 per share, provided the agreement for sale is executed not later than March 15, 1999. Any such purchaser shall become a party to this Agreement, and that certain Amended and Restated Investors' Rights Agreement of even date herewith by and among the Company and the Investors, the form of which is attached as Exhibit B (the "Investors' --------- Rights Agreement"), and shall have the rights and obligations hereunder and thereunder, unless such purchaser enters into an acquisition agreement that provides otherwise.
Subsequent Sale of Series B Preferred Stock. In the event that any Investor does not purchase all of the shares of Series B Preferred Stock set forth opposite such Investor's name on Schedule A hereto at the Closing, the Company may sell up to the balance of such authorized number of shares of Series B Preferred Stock (not sold to such Investor at the Closing) to such Investor at the purchase price set forth on Schedule A, provided the sale is executed not later than two business days following the Closing. Any such Investor shall be treated as an Investor for purposes of this Agreement, and the shares so acquired shall be deemed to be sold hereunder.
