Examples of GAP Purchasers in a sentence
The Company may not assign any of its rights under this Agreement without the written consent of the GAP Purchasers.
If subsequent to the delivery of the Certificate referred to in the previous sentence and on or prior to March 31, 2002, the Nasdaq Escrow Approval Condition is satisfied, the GAP Purchasers shall execute and deliver to the Escrow Agent a Certificate directing the Escrow Agent to take the action specified in Section 3.1.2(c).
The Company may not assign any of its rights under this Agreement without the written consent of the GAP Purchasers and ICP.
The Board of Directors has taken all action necessary to exempt from the provisions of Section 1203 of the California Corporations Code, to the extent applicable, this Agreement, any acquisition by the Purchasers of Subject Shares and Warrants pursuant to this Agreement and the Certificate of Designation and any conversion by the Purchasers of Subject Shares into shares of Common Stock and any exercise by the GAP Purchasers of the Warrants for the Warrant Shares.
The obligation of the Purchasers to purchase the Additional Purchased Shares, to pay the purchase price therefor at the Second Closing and to perform any obligations hereunder shall be subject to the satisfaction as determined by, or waiver by, the GAP Purchasers and ICP of the following conditions on or before the Second Closing Date.
In the event that the Escrow Agent shall be uncertain as to its duties or rights hereunder, it shall be entitled to refrain from taking any action until it shall be directed otherwise in writing by each of the GAP Purchasers and Seller or by an order of a court of competent jurisdiction.
Two of the members of the Board of Directors of the Company shall have been designated by the GAP Purchasers and one vacancy shall have been reserved for the Additional Series F Director (as defined in the Certificate of Designation).
In the event of such termination, the GAP Purchasers and Seller shall jointly appoint and designate in such termination notice a successor escrow agent and the Escrow Agent shall turn over to such successor escrow agent the Deposit and any other amounts and documents held by it pursuant to this Escrow Agreement.
The Company shall have delivered to the Escrow Agent certificates in definitive form representing the number of Purchased Shares set forth opposite such Purchaser's name on Schedule 2.1 hereto and, with respect to the GAP Purchasers, the number of Exchange Shares set forth opposite such GAP Purchaser's name on Schedule 2.2 hereto, registered in the name of such Purchaser.
At the Subsequent Closing, the Escrow Agent will distribute (i) to the GAP Purchasers, stock certificates representing the GAP Purchasers Shares and (ii) to the Company, the GAP Purchasers Purchase Price.