The Issuance Clause Samples

The Issuance. In connection with the Offering, the Company intends to issue to the Investors in a private placement that number of shares of Common Stock that, inclusive of the 2,785,600 shares of Common Stock and the warrants to purchase 5,114,633 shares of Common Stock held by the Investors in the aggregate, equals 19.9% of the outstanding Common Stock immediately following the termination of the Offering Period, or approximately 4,645,102 shares of Common Stock (such aggregate number of shares, the “Target Purchase Amount”), subject to adjustment as set forth in Section 1.1 (such aggregate number of shares, as adjusted, the “Purchased Securities”), and the Investors intend to purchase from the Company the Purchased Securities.

The Issuance. The Company intends to issue to the Investors in a private placement 2,180,233 shares of Common Stock (the “Purchased Securities”), and the Investors intend to purchase from the Company the Purchased Securities.

The Issuance. At the Closing, and upon the terms and subject to the conditions of this Agreement, the Company agrees to issue and sell to Investor, and Investor agrees to purchase from the Company, the Issuance Shares, at a price per share equal to the Issuance Price.

The Issuance. The Company intends to issue to the Investors in a private placement 6,000 shares of its Series A Cumulative Redeemable Preferred Stock (the “Series A Shares”) having the rights, preferences and privileges set forth in the Series A Certificate of Designations attached as Annex A hereto (the “Series A Certificate”); 190,476.19 shares of its Series B Voting Preferred Stock (the “Series B Shares” and, together with the Series A Shares, the “Preferred Shares”) having the rights, preferences and privileges set forth in the Series B Certificate of Designations attached as Annex B hereto (the “Series B Certificate” and, together with the Series A Certificate, the “Certificates of Designations”); and warrants to purchase 19,047,619 shares of its Common Stock at an exercise price of $3.15 per share (the “Warrants” and, together with the Preferred Shares, the “Purchased Securities”) in the form attached as Annex C hereto, and the Investors intend to purchase from the Company the Purchased Securities.

The Issuance. The Company intends to issue up to 43,797 shares of Common Shares at a price of $3.00 per share in a private placement (the “Offering”), and the Investor intends to purchase from the Company the number of Common Shares indicated on the signature page hereof (collectively, the “Purchased Securities”). For purposes of this Agreement, the term “Transaction Documents” refers collectively to this Agreement and any other documents, agreements and instruments delivered in connection herewith (including prior to the date hereof), in each case, as amended, modified or supplemented from time to time in accordance with their respective terms.

The Issuance. The Company desires to issue and sell and the Investor desires to purchase Contingent Convertible Promissory Notes of the Company in an aggregate principal amount of One Hundred Million Dollars ($100,000,000) with terms as described in Annex A and Annex B hereto (as amended or otherwise modified from time to time, together with any promissory note or notes issued in exchange therefor or in substitution thereof, the “Notes”).

The Issuance. The Company intends to issue to the Investors in a private placement 3,076,923 shares of Common Stock (the “Purchased Common Shares”); 600 shares of its Series A Cumulative Redeemable Preferred Stock (the “Series A Shares”) having the rights, preferences and privileges set forth in the Amended and Restated Series A Certificate of Designations attached as Annex A hereto (the “Series A Certificate”); and warrants to purchase 3,076,923 shares of its Common Stock at an exercise price of $1.95 per share (the “Warrants” and, together with the Purchased Common Shares and the Series A Shares, the “Purchased Securities”) in the form attached as Annex B hereto, and the Investors intend to purchase from the Company the Purchased Securities.

The Issuance. The Company intends to issue in a private placement, and the Investors intend to purchase from the Company, 18,333,334 shares of Common Stock in the aggregate, to be allocated among the Investors in the amounts set forth in Schedule 1.1 to this Agreement. The shares of Common Stock to be purchased by the Investors are herein called the “Purchased Securities”. For purposes of this Agreement, the term “Transaction Documents” refers collectively to this Agreement and the Registration Rights Agreement (as hereinafter defined), in each case as amended, modified or supplemented from time to time in accordance with their respective terms.

The Issuance. The Company intends to issue to the Investor (and/or its Permitted Transferees, or with respect to the Debentures, the persons listed in Annex G hereto (the “Debenture Purchasers”)), and the Investor (and/or its Permitted Transferees, or with respect to the Debentures, the Debenture Purchasers) intends to purchase from the Company, (i) 6,048,387 shares of Series D non-voting contingent convertible Preferred Stock (the “Series D Preferred Shares”) at a price of $124 per share, convertible into 24,193,548 shares of Common Stock (the “Purchased Common Shares” and, together with the Series D Preferred Shares, the “Purchased Shares”), having the terms (including with respect to conversion) set forth in the Certificate of Designation in the form attached hereto as Annex A-1; (ii) $1,750,000,000 aggregate principal amount of its 10% Fixed-to-Floating Rate Junior Subordinated Debentures due 2068, having the terms set forth in the Second Supplemental Indenture (the “Second Supplemental Indenture”) and the Debentures (the “Debentures”), in each case in the form attached hereto as Annex B (collectively, the “Debenture Documentation”); (iii) a warrant having the terms provided in Annex C-1 (the “B Warrant”) to purchase 34,806,452 shares of Common Stock (the “Warrant B Common Shares”) and/or, as set forth in such warrant, 8,701,613 shares of Series B non-voting contingent convertible Preferred Stock (the “Series B Preferred Shares”) convertible into 34,806,452 shares of Common Stock, having the terms (including with respect to conversion) set forth in the Certificate of Designation in the form attached hereto as Annex A-2 (the Warrant B Common Shares and the Series B Preferred Shares, together the “Warrant B Shares”); and (iv) a warrant having the terms provided in Annex C-2 (the “C Warrant”, and together with the B Warrant, the “Warrants”) to purchase 34,308,872 shares of Common Stock (the “Warrant C Common Shares”) and/or, as set forth in such warrant, 8,577,218 shares of Series C non-voting contingent convertible Preferred Stock (the “Series C Preferred Shares”) convertible into 34,308,872 shares of Common Stock, having the terms (including with respect to conversion) set forth in the Certificate of Designation in the form attached hereto as Annex A-3, (the Warrant C Common Shares and the Series C Preferred Shares, together the “Warrant C Shares”). (The B Warrant, the C Warrant, the Series D Preferred Shares and the Debentures, the “Purchased Securities”, and the Wa...