Common use of Additional Common Stock Clause in Contracts

Additional Common Stock. Upon the terms and subject to the conditions set forth in this Agreement, the Company and the Purchaser hereby agree that the Purchaser shall be entitled, at its sole discretion, to purchase from the Company (and the Company shall be obliged to issue and sell, if so elected by the Purchaser) at any time before or on December 31, 2004, the number of shares of common stock of the Company (the "Additional Common Stock") equal to the quotient of (i) Two Hundred Fifty Thousand dollars ($250,000); divided by (ii) the average closing price of the Company's shares during the twenty (20) trading days immediately preceding the date of delivery of a written notice (a "Notice"). The purchase price of the Additional Common Stock shall be the average trading price of the Company's shares during twenty (20) day trading period immediately preceding the date of delivery of a Notice (the "Additional Consideration"). The Notice shall specify the number of shares of Additional Common Stock to be purchased and the aggregate amount to be paid in consideration thereof. The Common Stock and the Additional Common Stock are, collectively, referred to herein as the "Securities".

Appears in 2 contracts

Sources: Securities Purchase Agreement (Digital Power Corp), Securities Purchase Agreement (Digital Power Corp)

Additional Common Stock. Upon the terms and subject to the conditions set forth in this Agreement, the Company and the Purchaser hereby agree that the Purchaser shall be entitled, at its sole discretion, to purchase from the Company (and the Company shall be obliged to issue and sell, if so elected by the Purchaser) at any time before or on December 31June 30, 2004, the number of shares of common stock of the Company (the "Additional Common Stock") equal to the quotient of (i) Two Hundred Fifty Thousand dollars ($250,000); divided by (ii) the average closing price of the Company's shares during the twenty (20) trading days immediately preceding the date of delivery of a written notice (a "Notice"). The purchase price of the Additional Common Stock shall be the average trading price of the Company's shares during twenty (20) day trading period immediately preceding the date of delivery of a Notice (the "Additional Consideration"). The Notice shall specify the number of shares of Additional Common Stock to be purchased and the aggregate amount to be paid in consideration thereof. The Common Stock and the Additional Common Stock are, collectively, referred to herein as the "Securities".

Appears in 1 contract

Sources: Securities Purchase Agreement (Digital Power Corp)