The Other Investment Agreements Sample Clauses

The Other Investment Agreements. Substantially concurrently with the execution and delivery hereof, the Company is entering into other contracts or agreements with certain other purchasers providing for the issuance of (i) shares of Common Stock and/or Preferred Stock and (ii) warrants on the terms and conditions set forth therein (each, an “Other Warrant”), with proceeds to the Company in an amount, together with the Investment Amount, equal to not less than $200,000,000 (the “Aggregate Investment Amount”) and entered into in furtherance of the transactions contemplated hereby or thereby (each, an “Other Investment Agreement”).
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The Other Investment Agreements. Substantially concurrently with the execution and delivery hereof, the Company is entering into other contracts or agreements with certain other purchasers providing for the issuance of (i) shares of Common Stock and/or Preferred Stock, (ii) shares of preferred stock, par value $0.001 per share, of the Company designated as Series A Noncumulative Convertible Preferred Stock (the “Series A Preferred Stock”) and (iii) warrants on the terms and conditions set forth therein (each, an “Other Warrant”), with proceeds to the Company in an amount, together with the Investment Amount, equal to not less than $200,000,000 (the “Aggregate Investment Amount”) and entered into in furtherance of the transactions contemplated hereby or thereby (each, an “Other Investment Agreement”).

Related to The Other Investment Agreements

  • Other Investments Other than equity securities held in the ordinary course of business for cash management purposes, the Company does not own or hold the right to acquire any equity securities, ownership interests or voting interests (including voting debt) of, or securities exchangeable or exercisable therefor, or investments in, any other Person.

  • Further Agreements of the Company The Company covenants and agrees with each Underwriter that:

  • Other Agreements of the Parties 4.1 (a) Securities may only be disposed of in compliance with state and federal securities laws. In connection with any transfer of the Securities other than pursuant to an effective registration statement, to the Company, to an Affiliate of an Investor or in connection with a pledge as contemplated in Section 4.1(b), the Company may require the transferor thereof to provide to the Company an opinion of counsel selected by the transferor, the form and substance of which opinion shall be reasonably satisfactory to the Company, to the effect that such transfer does not require registration of such transferred Securities under the Securities Act.

  • Representations of the Holders (a) Each of the initial Holders hereby represents and warrants to, and covenants with each other Holder that, as of the date hereof:

  • Parties to Lock-Up Agreements The Company has furnished to the Underwriters a letter agreement in the form attached hereto as Exhibit A (the “Lock-up Agreement”) from each of the persons listed on Exhibit B. Such Exhibit B lists under an appropriate caption the directors and executive officers of the Company. If any additional persons shall become directors or executive officers of the Company prior to the end of the Company Lock-up Period (as defined below), the Company shall cause each such person, prior to or contemporaneously with their appointment or election as a director or executive officer of the Company, to execute and deliver to the Representatives a Lock-up Agreement.

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