Purchase and Sale of Shares Closing. Subject to the terms and conditions of this Agreement, the Company agrees to sell to Purchaser at the Closing, and Purchaser agrees to purchase from the Company at the Closing, 10,000,000 shares of Common Stock (the “Shares”), at a price per share of $6.00 (the “Purchase Price”). Subject to the satisfaction or waiver of the covenants and conditions set forth in Sections 2.3 and 2.4, the Closing shall occur on the date hereof at the offices of Xxxxxxxx & Xxxxxxxx or such other location as the parties shall mutually agree.
Purchase and Sale of Shares Closing. 2.01. Purchase and Sale of the Shares........................................................................... 10 2.02.
Purchase and Sale of Shares Closing. Section 2.1 Purchase and Sale of Shares
Purchase and Sale of Shares Closing. .. 8 Section 2.1. Purchase and Sale of the Shares................................................ 8 Section 2.2. The Purchase Price............................................................. 9 Section 2.3. Closing........................................................................ 9 Section 2.4. Deliveries at Closing.......................................................... 9
Purchase and Sale of Shares Closing. Subject to the terms and conditions of this Agreement, the Company agrees to sell to Purchaser at the Closing, and Purchaser agrees to purchase from the Company at the Closing, that certain number of whole shares of Common Stock (the “Shares”) equal in value to, or as close as possible without exceeding, $35,000,000 (the “Purchase Price”), each share valued at a price per share equal to the product of (i) 1.2 and (ii) the simple average of the daily closing Volume Weighted Average Price (VWAP) over the 20 Trading Days preceding the date of this Agreement on the Nasdaq Stock Market as defined by Bloomberg. Upon satisfaction or waiver of the covenants and conditions set forth in Sections 2.3 and 2.4, the Closing shall occur at the offices of WilmerHale or such other location as the parties shall mutually agree.
Purchase and Sale of Shares Closing. Subject to the terms and conditions of this Agreement, the Company agrees to sell to Purchaser at the Closing, free and clear of all Liens, and Purchaser agrees to purchase from the Company at the Closing, 793,021 shares of Common Stock (the “Shares”) at a price per share of $12.61 for an aggregate purchase price of $9,999,994.81 (the “Purchase Price”). Subject to the satisfaction or waiver of the conditions set forth in Section 2.4, the Closing shall take place remotely via the exchange of documents and signatures at 10:00 a.m. Eastern Time on the date hereof, or at such other time and location as the Company and Purchaser shall mutually agree (which time and location are designated as the “Closing” and the date thereof as the “Closing Date”).
Purchase and Sale of Shares Closing. The purchase and sale of the Shares shall be effected as follows:
Purchase and Sale of Shares Closing. (a) Subject to the terms and conditions of this Agreement and in reliance on the representations, warranties and covenants herein set forth, the Company shall issue and sell to each of the Investors and the Management Stockholders, and the Investor and the Management Stockholders severally agree to purchase from the Company, the respective number of shares of Preferred Stock set forth opposite the name of such Investor or Management Stockholder, as applicable, on Schedule A hereto representing an aggregate of 34,923,565 shares of Preferred Stock, with a purchase price of $1.00, per share, for an aggregate purchase price of $34,923,565.00. The Preferred Stock shall have the rights, preferences and other terms set forth in the Amended and Restated Certificate of Incorporation of the Company (the “Certificate”) attached as Exhibit A hereto.
Purchase and Sale of Shares Closing. 6 Section 2.1
Purchase and Sale of Shares Closing. (a) Subject to all of the terms and conditions hereof, the Company hereby agrees to issue and sell to each of the Investors, and each of the Investors hereby confirms its irrevocable subscription for and offer to purchase, the number of the Shares equal to the Subscription Amount, divided by the applicable Purchase Price. The obligation of the Investors to purchase the Shares are several and not joint. The aggregate number of the Shares issued hereunder shall not exceed 14,285,714 (the “Maximum Share Amount”).
