Purchase and Sale of the Shares and Warrants. Subject to the terms and conditions of this Agreement, on the Closing Date, each of the Investors shall severally, and not jointly, purchase, and the Company shall sell and issue to the Investors, the Shares and Warrants in the respective amounts set forth opposite the Investors’ names on the signature pages attached hereto in exchange for the Purchase Price as specified in Section 3 below.
Purchase and Sale of the Shares and Warrants. Subject to the terms and conditions of this Agreement, the Investor hereby agrees to purchase, and the Company hereby agrees to sell and issue to the Investor, the Shares and Warrants as set forth opposite the Investor’s name on Exhibit A for the aggregate purchase price (the “Purchase Price”) set forth opposite the Investor’s name on Exhibit A.
Purchase and Sale of the Shares and Warrants. At the Closing, the Company shall issue and sell to each Investor, and each Investor severally, but not jointly, shall purchase from the Company on the Closing Date, such aggregate number of Shares as is set forth opposite such Investor’s name in column (3) on Schedule I along with (i) Warrants to initially acquire up to that aggregate number of Warrant Shares as is set forth opposite such Investor’s name in column (4) on Schedule I.
Purchase and Sale of the Shares and Warrants. Subject to the terms and conditions of this Agreement, each of the Investors hereby severally, and not jointly, agrees to purchase, and the Company hereby agrees to sell and issue to the Investors, the number of Shares and Warrants to purchase the number of shares of Common Stock set forth on such Investor's signature page attached hereto. The number of Shares to be purchased by each Investor shall be determined by dividing such Investor's aggregate purchase price (as such aggregate purchase price is set forth on such Investor's signature page attached hereto) by the least of the Market Price on the date of this Agreement, the Common Stock's per share closing bid price of the Common Stock on the trading day immediately preceding the date of this Agreement or $3.80 (the "Purchase Price"). The number of shares of Common Stock purchasable by the Investors upon exercise of the Warrants shall be as set forth on such Investor's signature page attached hereto and the exercise price of the Warrants shall be 125% of the Market Price measured as of the date of this Agreement.
Purchase and Sale of the Shares and Warrants. On the Closing Date, upon the terms and subject to the conditions set forth herein, the Company will issue and sell, and the Investors will purchase, severally and not jointly, (i) the number of Shares set forth opposite the name of such Investor under the heading “Number of Shares to be Purchased” on Exhibit A attached hereto, at a price per Share equal to $2.675, (ii) the number of Common Warrants set forth opposite the name of such Investor under the heading “Number of Common Warrants to be Purchased” on Exhibit A attached hereto, each with an exercise price equal to $2.675 per Common Warrant Share (subject to adjustment as provided therein) and (iii) in lieu of Shares, the number of Pre-Funded Common Warrants set forth opposite the name of such Investor under the heading “Number of Pre-Funded Common Warrants to be Purchased” on Exhibit A attached hereto, each with an exercise price of $0.001 per Pre-Funded Common Warrant Share (subject to adjustment as provided herein) and at a purchase price of $2.675 per Pre-Funded Common Warrant.
Purchase and Sale of the Shares and Warrants. The undersigned hereby tenders this subscription and applies for the purchase of the number of shares (the “Shares”) of the common stock (the “Common Stock”), par value $0.001 per Share, of Ionatron, Inc. at a price of $5.75 per Share. The Company shall also issue to the undersigned warrants (the “Warrants”) to purchase a number of shares of Common Stock (the “Warrant Shares”) equal to 20% of the Shares (rounded to the next highest integer in the case of a fractional Warrant Shares) purchased by the undersigned. The Warrants shall be exercisable for a period of five (5) years commencing on the Closing Date (as defined below) at an exercise price of $9.15 per share. Together with this Subscription Agreement, the undersigned is delivering to the Company, a check payable to the Company or funds by wire transfer to an escrow account maintained at Continental Stock Transfer & Trust Company (the “Transfer Agent”), in accordance with the Escrow Agreement made as of August 1, 2006 by and among the Company, the Transfer Agent and J Xxxxxxxx Securities Group (“J Xxxxxxxx”), the placement agent for the Offering (defined below), in accordance with the instructions of J Xxxxxxxx, in the full amount of the purchase price for the Shares and Warrants which the undersigned is subscribing for pursuant hereto. The form of the Escrow Agreement is attached as Exhibit A hereto. The Shares and Warrants are being offered, pursuant to this Subscription Agreement as part of an offering (the “Offering”) of approximately 4,616,305 Shares and Warrants to purchase up to 923,260 Warrant Shares ($26,543,750), which maximum number of Shares and Warrants is subject to increase upon the mutual consent of the Company and J Xxxxxxxx, on an “any or all basis.” The “Closing Date” means the date on which the purchase price for the Shares and Warrants is released from escrow to the Company and the Company accepts the undersigned’s subscription (the “Closing”). The Closing shall occur as soon as practicable, following the undersigned’s deposit of the purchase price into the escrow account and the Company’s acceptance of the undersigned’s subscription and satisfaction of the conditions to closing set forth in Section 5. Upon the Closing, the Company shall deliver to its Transfer Agent irrevocable instructions to issue the Shares to the undersigned and, promptly following the Closing, the Company shall deliver to the undersigned certificates representing the Warrants purchased by the undersigned and...
Purchase and Sale of the Shares and Warrants. Subject to the terms and -------------------------------------------- conditions of this Agreement, each of the Investors hereby severally, and not jointly, agrees to purchase and the Company hereby agrees to sell and issue to the Investor, the number of Shares and Warrants to purchase the number of shares of Common Stock set forth on such Investor's signature page attached hereto. The number of Shares to be purchased by each Investor shall be determined by dividing such Investor's aggregate purchase price (as such aggregate purchase price is set forth on such Investor's signature page attached hereto), by an amount equal to the per share purchase price (also as set forth on the signature page attached hereto) (the "Purchase Price"). The number of shares of Common Stock purchasable by each Investor pursuant to the Warrants shall be equal to 10% of the number of Shares purchased by such Investor.
Purchase and Sale of the Shares and Warrants. Subject to the terms and conditions of this Agreement, the Investor hereby agrees to purchase and the Company hereby agrees to sell and issue to the Investor, the number of Shares and Warrants to purchase the number of shares of Common Stock set forth on the Investor's signature page attached hereto. The number of Shares to be purchased by the Investor shall be determined by dividing the Investor's aggregate purchase price (as such aggregate purchase price is set forth on the Investor's signature page attached hereto), by an amount equal to 80% of the Market Price on the date hereof (the "Purchase Price"). The number of shares of Common Stock purchasable by the Investor pursuant to the Warrants shall be equal to 35% of the number of Shares purchased by the Investor, and the exercise price of the Warrants will be 115% of the Market Price.
Purchase and Sale of the Shares and Warrants. Upon the terms and subject to the conditions of this Agreement each Investor shall severally, and not jointly, purchase, and the Company shall sell and issue to such Investor, the Shares and Warrants in the applicable amounts set forth below such Investor’s name on the signature pages attached hereto in exchange for such Investor’s applicable share of the Purchase Price set forth below such Investor’s name on the signature pages hereof.
Purchase and Sale of the Shares and Warrants. At the Closing, the Company shall issue and sell to each Investor, and each Investor severally, but not jointly, shall purchase from the Company on the Closing Date, such aggregate number of Shares as is set forth opposite such Investor’s name in column (3) on Schedule I along with (i) Series A Warrants to initially acquire up to that aggregate number of Series A Warrant Shares as is set forth opposite such Investor’s name in column (4) on Schedule I and (ii) Series B Warrants to initially acquire up to that aggregate number of Series B Warrant Shares as is set forth opposite such Investor’s name in column (5) on Schedule I.
