Common use of Purchase and Sale of Convertible Notes Clause in Contracts

Purchase and Sale of Convertible Notes. Upon the basis of the representations and warranties, and subject to the terms and conditions, set forth in this Agreement, the Company covenants and agrees to sell to the Purchaser, at a purchase price of $______ (the "Purchase Price"), (i) a convertible note in registered form in a principal amount of $______ and substantially in the form of Exhibit A hereto (the "Note"), such Note convertible at the option of the holder thereof into a number of Note Shares determined pursuant to Article 3 of the Note according to the terms and conditions set forth in the Note, and (ii) a warrant to purchase ______ shares of the Company's Common Stock, $.01 par value per share (the "Common Stock") in substantially the form of Exhibit B hereto (the "Warrant"), and upon the basis of the representations and warranties, and subject to the terms and conditions set forth in this Agreement, the Purchaser covenants and agrees to purchase from the Company, the Note and the Warrant at the Purchase Price. All capitalized terms not otherwise defined herein shall have the meanings attributed to them in the Note and the Warrant.

Purchase and Sale of Convertible Notes. Upon the basis of the representations and warranties, and subject to the terms and conditions, set forth in this Agreement, the Company covenants and agrees to sell to the PurchaserPurchaser on the Closing Date, at a purchase price of $_______ (the "Purchase Price"), (i) a convertible note in registered form in a principal amount of $_______ and substantially in the form of Exhibit A hereto (the "Note"), such Note convertible at the option of the holder thereof into a number of Note Shares determined pursuant to Article 3 of the Note according to the terms and conditions set forth in the Note, and (ii) a warrant to purchase ______ shares of the Company's Common Stock, $.01 par value per share (the "Common Stock") in substantially the form of Exhibit B hereto (the "Warrant")) , and upon the basis of the representations and warranties, and subject to the terms and conditions set forth in this Agreement, the Purchaser covenants and agrees to purchase from the Company, Company on the Closing Date the Note and the Warrant at the Purchase Price. All capitalized terms not otherwise defined herein shall have the meanings attributed to them in the Note and the Warrant.