not sure this is the only ref to offering price but :
Origination Shares” is defined in the Purchase Agreement as the following: on the fifth (5th) trading day after the closing of this offering we will deliver to JMJ shares of our Common Stock equal to 48% of the consideration paid by JMJ under the Promissory Note divided by the lowest of (i) $35.00 per share, or (ii) the lowest daily closing price of our Common Stock during the ten days prior to delivery of the Origination Shares (subject to adjustment for stock splits), or (iii) 80% of the Common Stock price of this offering, or (iv) 80% of the unit price of this offering (if applicable), or (v) the exercise price of any warrants issued in this offering. The number of shares to be issued will be determined based on the offering price in this offering. The Origination Shares will now be issued in the form of Series D Preferred Stock to be issued pursuant to the Additional Agreement discussed below.
but I note that they do not use the same terms for the 120000 shs jnsh and the others in the offering page 6... for some they specifically mentiont the 5$ assumptions, not for jnsh
I) 113,256 units of unregistered shares of Common Stock and warrants issuable as payment of
(i) $375,000 in shares of Common Stock owed to Mr. Farkas for accrued commissions on hardware sales and revenue from charging stations for the period of November 2015 through March 2017 pursuant to the Third Amendment divided by the assumed public offering price of $5.00 multiplied by 80%;
(ii) $77,624 in shares of Common Stock owed to Mr. Farkas for accrued commissions on hardware sales and revenue from charging stations for the period of April 2017 through September 2017 pursuant to an oral agreement between the Company and Mr. Farkas divided by the assumed public offering price of $5.00 multiplied by 80%. This oral agreement was reached pursuant to Section 7(B) of the Third Amendment;
(J) 12,139 units of unregistered shares and warrants issuable as payment of
(i) $43,555 in shares of Common Stock owed to Mr. Feintuch which represents 25% of the accrued commissions on hardware sales and revenue from charging stations for the period of November 2015 through March 2017 owed to Mr. Feintuch pursuant to the Compensation Agreement between the Company and Mr. Feintuch, dated June 16, 2017 (the “Compensation Agreement”) divided by the assumed public offering price of $5.00 multiplied by 80%;
(ii) $5,000 in shares of Common Stock owed to Mr. Feintuch which represents 25% of the accrued commissions on hardware sales and revenue from charging stations for the period of April 2017 through September 2017 owed to Mr. Feintuch pursuant to an oral agreement between the Company and Mr. Feintuch divided by the assumed public offering price of $5.00 multiplied by 80%. This oral agreement was reached pursuant to Section 3(B) of the Compensation Agreement;
(K) 39,882 shares of Common Stock issuable as payment of a total of $153,529 to both SemaConnect Inc. and their legal counsel pursuant to the Settlement Agreement dated June 23, 2017 divided by the assumed public offering price of $5.00 multiplied by 80% plus an additional 1,500 shares;
(L) 2,000 shares of Common Stock issuable as payment of $10,000 to Russ Klenet & Associates, Inc. pursuant to the Settlement and Release Agreement between the Company and the counterparty, dated December 29, 2016 divided by the assumed public offering price of $5.00;
(M) 40,000 shares of Common Stock issuable as payment of $200,000 to ITT Cannon, LLC pursuant to a Confidential Settlement Agreement between the Company and the counterparty, dated May 17, 2017 divided by the assumed public offering price of $5.00;
(N) 61,267 shares of Common Stock issuable as payment of $213,102 owed to BLNK Holdings, in principal and interest pursuant to a Conversion Agreement between the Company and BLNK Holdings, dated August 23, 2017 based upon the Formula;
(O) 15,000 shares of Common Stock issuable as payment of $75,000 owed to Wilson Sonsini Goodrich & Rosati pursuant to a Settlement Agreement between the Company and the counterparty, dated June 8, 2017, divided by the assumed public offering price of $5.00;
(P) 300,125 shares of Common Stock issuable to Ardour Capital Investments, LLC (“Ardour”) (an entity of which Mr. Farkas owns less than 5%) in placement agent fees related to the JMJ Financing;
(Q) 11,034 shares of Common Stock issuable, in the aggregate, to Sunrise Securities Corp. and Ardour in connection with placement agent fees related to the sale of Series C Preferred Stock in December 2014;
(R) 1,600 shares of Common Stock issuable to IBIS Co. in connection with an introduction to an investor;
(S) 62,500 units of unregistered shares of Common Stock and warrants issuable to JMJ as repayment of a $250,000 advance pursuant to a Letter Agreement between the Company and the counterparty, dated February 1, 2018;
(T) 101,745 units of unregistered shares of Common Stock and warrants issuable to Schafer & Weiner, PLLC as repayment of a $406,981.47 debt pursuant to a Letter Agreement between the Company and the counterparty, dated February 3, 2018;
(U) 121,496 units of unregistered shares of Common Stock and warrants issuable to Sunrise Securities Corp. as repayment of a $485,982.05 debt pursuant to a Letter Agreement between the Company and the counterparty, dated February 3 2018;
(V) 120,000 shares of Common Stock issuable to JNS Power & Control Systems, Inc. (“JNS”) as payment of $600,000 in connection with an asset purchase agreement entered into with the counterparty on February 2, 2018 in settlement of litigation.
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