Common use of Subsequent Sales of Shares Clause in Contracts

Subsequent Sales of Shares. At any time on or before February 29, 2000, the Company may sell up to the balance of the authorized shares of Series C Preferred Stock not sold at the Closing to such persons as may be approved by the Board of Directors of the Company. All such sales shall be made on the terms and conditions set forth in this Agreement, including, without limitation, the representations and warranties by such Purchasers as set forth in Section 4. Any Shares of Series C Preferred Stock sold pursuant to this Section 2.3 shall be deemed to be "Shares" for all purposes under this Agreement and any purchasers thereof shall be deemed to be "Purchasers" for all purposes under this Agreement.

Appears in 1 contract

Samples: Series C Preferred Stock Purchase Agreement (Mercata Inc)

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Subsequent Sales of Shares. At any time on or before February 29, 2000the 120th day following the Closing, the Company may sell up to the balance of the authorized shares of Series C Preferred Stock not sold at the Closing to such persons as may be approved by the Board of Directors of the Company. All such sales shall be made on the terms and conditions set forth in this Agreement, including, without limitation, the representations and warranties by such Purchasers as set forth in Section 4. Any Shares of Series C Preferred Stock sold pursuant to this Section 2.3 shall be deemed to be "Shares" for all purposes under this Agreement and any purchasers thereof shall be deemed to be "Purchasers" for all purposes under this Agreement.

Appears in 1 contract

Samples: Series C Preferred Stock Purchase Agreement (Blue Martini Software Inc)

Subsequent Sales of Shares. At any time on or before February 29, 2000the 60th day following the Closing, the Company may sell up to the balance of the authorized shares of Series C B Preferred Stock not sold at the Closing to such persons as may be approved by the Board of Directors of the Company. All such sales shall be made on the terms and conditions set forth in this Agreement, including, without limitation, the representations and warranties by such Purchasers as set forth in Section 4. Any Shares of Series C B Preferred Stock sold pursuant to this Section 2.3 shall be deemed to be "Shares" for all purposes under this Agreement and any purchasers thereof shall be deemed to be "Purchasers" for all purposes under this Agreement.

Appears in 1 contract

Samples: Series B Preferred Stock Purchase Agreement

Subsequent Sales of Shares. At any time on or before February 29, 2000the 120th day following the Closing, the Company may sell up to the balance of the authorized shares of Series C B Preferred Stock not sold at the Closing to such persons as may be approved by the Board of Directors of the Company. All such sales shall be made on the terms and conditions set forth in this Agreement, including, without limitation, the representations and warranties by such Purchasers as set forth in Section 4. Any Shares of Series C B Preferred Stock sold pursuant to this Section 2.3 shall be deemed to be "Shares" for all purposes under this Agreement and any purchasers thereof shall be deemed to be "Purchasers" for all purposes under this Agreement.

Appears in 1 contract

Samples: Series B Preferred Stock Purchase Agreement (Blue Martini Software Inc)

Subsequent Sales of Shares. At any time on or before February 29, 2000the 90th day following the Closing, the Company may sell up to the balance of the authorized shares of Series C D Preferred Stock not sold at the Closing to such persons as may be approved by the Board of Directors of the Company. All such sales shall be made on the terms and conditions set forth in this Agreement, including, without limitation, the representations and warranties by such Purchasers as set forth in Section 4. Any Shares of Series C D Preferred Stock sold pursuant to this Section 2.3 shall be deemed to be "Shares" for all purposes under this Agreement and any purchasers thereof shall be deemed to be "Purchasers" for all purposes under this Agreement.

Appears in 1 contract

Samples: Series D Preferred Stock Purchase Agreement (Women Com Networks Inc)

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Subsequent Sales of Shares. At any time on or before February 29October 15, 20001999, the Company may sell up to the balance of the authorized shares of Series C B Preferred Stock not sold at the Closing to such persons as may be approved by the Board of Directors of the Company. All such sales shall be made on the terms and conditions set forth in this Agreement, including, without limitation, the representations and warranties by such Purchasers as set forth in Section 4. Any Shares of Series C A Preferred Stock sold pursuant to this Section 2.3 shall be deemed to be "Shares" for all purposes under this Agreement and any purchasers thereof shall be deemed to be "Purchasers" for all purposes under this Agreement.

Appears in 1 contract

Samples: Series B Preferred Stock Purchase Agreement (Mercata Inc)

Subsequent Sales of Shares. At any time on or before February 29, 2000the 30th day following the Closing, the Company may sell up to the balance of the authorized shares of Series C D Preferred Stock not sold at the Closing to such persons as may be approved by the Board of Directors of the Company. All such sales shall be made on the terms and conditions set forth in this Agreement, including, without limitation, the representations and warranties by such Purchasers as set forth in Section 4. Any Shares of Series C D Preferred Stock sold pursuant to this Section 2.3 shall be deemed to be "Shares" for all purposes under this Agreement and any purchasers thereof shall be deemed to be "Purchasers" for all purposes under this Agreement.

Appears in 1 contract

Samples: Series D Preferred Stock Purchase Agreement (Birch Telecom Inc /Mo)

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