Common use of Agreement to Purchase and Sale Clause in Contracts

Agreement to Purchase and Sale. Subject to the terms and conditions hereof, at the Closing, the Company hereby agrees to issue, allot and sell to each Investor, and each Investor, severally and not jointly, hereby agrees, at the Closing, to subscribe for and purchase from the Company, such number of the Series B Preferred Shares as set forth opposite such Investor’s name under the column of “Number of Series B Preferred Shares” in Schedule B attached hereto (the “Purchased Shares”) at the total purchase price as set forth opposite such Investor’s name under the column of “Aggregate Purchase Price” in Schedule B attached hereto (the “Purchase Price”) and at the per share price as set forth opposite such Investor’s name under the column of “Purchase Price Per Share”.

Agreement to Purchase and Sale. Subject to the terms and conditions hereof, at the Closing, the Company hereby agrees to issue, allot and sell to each Investor, and each Investor, severally and not jointly, hereby agrees, at the Closing, to subscribe for and purchase from the Company, such number of the Series B B-2 Preferred Shares as set forth opposite such Investor’s name under the column of “Number of Series B B-2 Preferred Shares” in Schedule B attached hereto (the “Purchased Shares”) at the total purchase price as set forth opposite such Investor’s name under the column of “Aggregate Purchase Price” in Schedule B attached hereto (the “Purchase Price”) and at the per share price as set forth opposite such Investor’s name under the column of “Purchase Price Per Share”.