Purchase and Sale of Preferred Shares and Warrants Clause Example with 21 Variations from Business Contracts

This page contains Purchase and Sale of Preferred Shares and Warrants clauses in business contracts and legal agreements. An example clause is provided at the top of the page, followed by clauses with minor variations. You can view the text differences by selecting the "Show Differences" option.
Purchase and Sale of Preferred Shares and Warrants. (a) Purchase of Preferred Shares and Warrants. Subject to the satisfaction (or waiver) of the conditions set forth in Sections 6 and 7 below, the Company shall issue and sell to each Buyer, and each Buyer severally, but not jointly, agrees to purchase from the Company on the Closing Date (as defined below), (x) the number of Preferred Shares as is set forth opposite such Buyer's name in column (3) on the Schedule of Buyers and (y) Warrants to acquire up to that number of Warrant Shares as is set... forth opposite such Buyer's name in column (4) on the Schedule of Buyers (the "Closing"). (b) Closing. The date and time of the Closing (the "Closing Date") shall be 10:00 a.m., New York City time, on the date hereof (or such other date and time as is mutually agreed to by the Company and each Buyer) after notification of satisfaction (or waiver) of the conditions to the Closing set forth in Sections 6 and 7 below, at the office determined by the Lead Investors. The Closing may also be undertaken remotely by electronic transfer of Closing documentation. (c) Purchase Price. The aggregate purchase price for the Preferred Shares and the Warrants to be purchased by each Buyer at the Closing shall be the amount set forth opposite each Buyer's name in column (5) of the Schedule of Buyers (the "Purchase Price"). Each Buyer shall pay $1,000 for each Preferred Share and related Warrants to be purchased by such Buyer at the Closing. (d) Form of Payment. On the Closing Date, (i) each Buyer shall pay its Purchase Price to the Company for the Preferred Shares and the Warrants to be issued and sold to such Buyer at the Closing (less, in the case of the funds managed by Sabby Management, LLC (collectively, the "Lead Investors"), the amounts withheld pursuant to Section 4(g)), by wire transfer of immediately available funds in accordance with the Company's written wire instructions and (ii) the Company shall deliver to each Buyer (x) one or more stock certificates, evidencing the number of Preferred Shares such Buyer is purchasing as is set forth opposite such Buyer's name in column (3) of the Schedule of Buyers and (y) the Warrants (allocated in the amounts as such Buyer shall request) such Buyer is purchasing hereunder pursuant to which such Buyer shall have the right to acquire up to such number of Warrant Shares as is set forth opposite such Buyer's name in column (4) of the Schedule of Buyers, in each case duly executed on behalf of the Company and registered in the name of such Buyer or its designee. View More
Found in Emerald Bioscience, Inc. contract

Variations of a "Purchase and Sale of Preferred Shares and Warrants" Clause from Business Contracts

Purchase and Sale of Preferred Shares and Warrants. (a) Purchase of Preferred Shares and Warrants. Subject to the satisfaction (or waiver) of the conditions set forth in Sections 6 and 7 below, the Company shall issue and sell to each Buyer, and each Buyer Buyer, severally, but not jointly, agrees to purchase from the Company on the Closing Date (as defined below), (x) the (i) that aggregate number of Preferred Shares as is set forth opposite such Buyer's name in column (3) on of the Schedule of Buyers attached hereto and (y) (ii) Warrants repres...enting the right to acquire up to that number of Warrant Shares as is set forth opposite such Buyer's name in column (4) on of the Schedule of Buyers attached hereto (the "Closing"). (b) Purchase Price. The aggregate purchase price for the Preferred Shares and the Warrants shall be such amount as set forth opposite such Buyer's name in column (5) of the Schedule of Buyers attached hereto (less, in the case of [ ] (the "Lead Investor"), any amounts withheld pursuant to Section 4(f)) (the "Purchase Price"). Each Buyer shall pay $850 for each Preferred Share and related Warrants to be purchased by such Buyer at the Closing. (c) Closing Date. The date and time of the Closing (the "Closing Date") shall be 10:00 a.m., New York City time, on the date hereof (or such other date and time as is mutually agreed to by the Company and each Buyer) after notification of satisfaction (or waiver) of the conditions to the Closing set forth in Sections 6 and 7 below, below at the office determined by the Lead Investors. offices of [ ]. The Closing may also be undertaken remotely by electronic transfer of Closing documentation. (c) Purchase Price. The aggregate purchase price for the Preferred Shares and the Warrants to be purchased by each Buyer at the Closing shall be the amount set forth opposite each Buyer's name in column (5) of the Schedule of Buyers (the "Purchase Price"). Each Buyer shall pay $1,000 for each Preferred Share and related Warrants to be purchased by such Buyer at the Closing. (d) Form of Payment. On the Closing Date, (i) each Buyer shall pay its Purchase Price to the Company for acquire the Preferred Shares and the Warrants to be issued and sold to such Buyer at the Closing by paying its respective Purchase Price (less, in the case of the funds managed by Sabby Management, LLC (collectively, the "Lead Investors"), the Lead Investor, any amounts withheld pursuant to Section 4(g)), 4(f)) to the Company by wire transfer of immediately available funds in accordance with the Company's written wire instructions Wire Instructions (as defined below) and (ii) the Company shall deliver to each Buyer Buyer: (x) one or more stock certificates, evidencing the number of Preferred Shares (allocated in the amounts as such Buyer is purchasing shall request) as is set forth opposite such Buyer's name in column (3) of the Schedule of Buyers Buyer attached hereto duly executed on behalf of the Company and registered in the name of such Buyer or its designee and (y) the Warrants (allocated in the principal amounts as such Buyer shall request) which such Buyer is then purchasing hereunder pursuant to which such Buyer shall have the right to acquire up to such number of Warrant Shares as is set forth opposite such Buyer's name in column (4) of the Schedule of Buyers, in each case Buyers attached hereto, duly executed on behalf of the Company and registered in the name of such Buyer or its designee. View More
Found in MAGNEGAS APPLIED TECHNOLOGY SOLUTIONS, INC. contract