Additional Purchase Shares definition
Examples of Additional Purchase Shares in a sentence
For each Additional Purchase, the Buyer shall pay to the Company an amount equal to the Additional Purchase Amount minus any amounts or credits whatsoever due to Buyer, as full payment for such Additional Purchase Shares via wire transfer of immediately available funds on or before the fourth Business Day following the delivery of Additional Purchase Shares to Buyer.
Furthermore, provided the Company can deliver the Purchase Shares or Additional Purchase Shares via DWAC, the Company shall be obligated to require Regular Purchases and/or Additional Purchases for an aggregate number of Purchase Shares and/or Additional Purchase Shares representing a dollar value of an aggregate amount of not less than $1,000,000 per month, subject to the Volume Limitation.
Upon issuance and payment therefore in accordance with the terms and conditions of this Agreement, the Purchase Shares and Additional Purchase Shares shall be validly issued, fully paid and non-assessable and free from all taxes, liens and charges with respect to the issue thereof, with the holders being entitled to all rights accorded to a holder of Common Stock.
Hess shall pay the purchase price for the Additional Purchase Shares in cash.
The Commitment Shares and the Initial Purchase Shares have been duly authorized and, upon issuance in accordance with the terms hereof, the Commitment Shares and the Initial Purchase Shares and Additional Purchase Shares shall be (i) validly issued, fully paid and non-assessable and (ii) free from all taxes, liens and charges with respect to the issuance thereof.
Except as provided herein, shares of Series D Preferred Stock and Warrants purchased pursuant to the Settlement Additional Purchase Right shall be subject to the same terms and conditions of the Securities Purchase Agreement as if they were Additional Purchase Shares or Additional Warrants, respectively.
Failure to deliver the Purchase Shares or Additional Purchase Shares within three Business Days of the Purchase Date or Additional Purchase Date, the Company will pay Buyer as liquidated damages, and not as a penalty, five percent (5%) of the value of the Common Stock based on the closing bid price of the Common stock for each such day until the Shares are delivered to Buyer.
Shares of Series D Preferred Stock and Warrants purchased pursuant to the Second Additional Purchase Right shall be subject to the same terms and conditions of the Securities Purchase Agreement as if they were Additional Purchase Shares or Additional Warrants, respectively.
The actual terms and conditions upon which any purchaser might purchase the Offered Shares, the SFO Shares, the Direct Purchase Shares, the Additional Purchase Shares and the Delayed Shares (each, as defined below) are subject to execution and delivery of definitive legal documentation, by all required parties and such other terms and conditions as are determined by the parties.
The closing of the sale to, and purchase by, the Purchasers of the Shares and the Additional Purchase Shares (the "Closing") shall occur at the offices of Skadden, Arps, Slate, Xxxxxxx & Xxxx LLP, Four Times Square, New York, New York 10036-6522, simultaneously with closing of the Refinancings or at such other time and place as the Company and Transamerica may mutually agree in writing (the "Closing Date").