Agreement to Sell and Purchase the Shares and Warrants. Subject to the terms and conditions hereof, the Corporation is selling to each Investor and each Investor is severally (but not jointly) purchasing from the Corporation, for the aggregate purchase price set forth opposite such Investor’s name under the heading “Aggregate Purchase Price” on Schedule I hereto: (i) the number of Shares set forth opposite the name of such Investor under the heading “Series B-2 Shares” on Schedule I hereto; and (ii) a Warrant to acquire the number of Warrant Shares set forth opposite the name of such Investor on Schedule I hereto under the heading “Warrant Shares”.
Agreement to Sell and Purchase the Shares and Warrants. 2.1 At the Closing (as defined in Section 3.1), the Company will sell to the Investor, and the Investor will purchase from the Company, upon the terms and conditions set forth herein, the number of Shares and Warrants set forth on the last page of the Agreement to which these Terms and Conditions for Purchase of Shares and Warrants are attached as Annex I (the “Signature Page”) for the aggregate purchase price therefor set forth on the Signature Page.
2.2 The Company proposes to enter into substantially this same form of Subscription Agreement with certain other investors (the “Other Investors”) and expects to complete sales of Shares and Warrants to them. The Investor and the Other Investors are hereinafter sometimes collectively referred to as the “Investors,” and this Agreement and the Subscription Agreements executed by the Other Investors are hereinafter sometimes collectively referred to as the “Agreements.”
2.3 The Company confirms that neither it nor any other Person acting on its behalf has provided the Investor or their agents or counsel with any information that constitutes or could reasonably be expected to constitute material, nonpublic information, except as will be disclosed in the Prospectus and/or in one or more filings pursuant to the Securities Exchange Act of 1934, as amended (the “Exchange Act”) to be made by the Company with the Commission and incorporated by reference into the Prospectus prior to the consummation of the Offering. The Company understands and confirms that the Investor will rely on the foregoing representations in effecting transactions in securities of the Company.
Agreement to Sell and Purchase the Shares and Warrants. At the Closing (as defined herein), the Company will agree to sell to the Purchasers, and the Purchasers will agree to buy from the Company, upon the terms and conditions hereinafter set forth, the number of Units set forth on the signature page hereof at the purchase price set forth on the signature page hereof (the “Purchase Price”).
Agreement to Sell and Purchase the Shares and Warrants. 2.1 At the Closing (as defined in Section 3.1), the Issuer will sell to the Purchaser, and the Purchaser will purchase from the Issuer, upon the terms and conditions set forth herein, the number of Shares and Warrants set forth on the last page of the Agreement to which these Terms and Conditions for Purchase of Shares and Warrants are attached as Annex I (the “Signature Page”) for the Aggregate Purchase Price set forth on the Signature Page.
2.2 The Issuer proposes to enter into substantially this same form of Subscription Agreement with certain other purchasers (the “Other Purchasers”) and expects to complete sales of Shares and Warrants to them. The Purchaser and the Other Purchasers are hereinafter sometimes collectively referred to as the “Purchasers,” and this Agreement and the Subscription Agreements executed by the Other Investors are hereinafter sometimes collectively referred to as the “Agreements.”
Agreement to Sell and Purchase the Shares and Warrants. At the Closing (as defined in Section 3), the Company will issue and sell to the Purchaser, and the Purchaser will buy from the Company, upon the terms and conditions hereinafter set forth, the number of Shares and Warrants (at the purchase price) shown below:
Agreement to Sell and Purchase the Shares and Warrants. Subject to the terms and conditions of this Agreement, each Investor, severally and not jointly, agrees to purchase at the Closing (as such term is defined in Section 1.3), and the Company agrees to issue and sell to such Investor at the Closing, for the purchase price set forth opposite such Investor’s name on Exhibit A, that number of Shares and Warrants set forth opposite such Investor’s name on Exhibit A.
Agreement to Sell and Purchase the Shares and Warrants. On the terms and subject to the conditions set forth in this Agreement, the Company hereby agrees to sell, and each Purchaser hereby agrees to buy, the number of Shares set forth opposite his or its name on Schedule A hereto, at the price of $8.00 per share. In addition, the Company will issue to each of the Purchasers, for no additional consideration, that number of (i) immediately exercisable six-year warrants to purchase shares of Common Stock at an exercise price of $9.00 per share (the "$9.00 Warrants"), and (ii) immediately exercisable six-year warrants to purchase shares of Common Stock at an exercise price of $10.00 per share (the "$10.00 Warrants"; collectively with the $9.00 Warrants, the "Warrants"), set forth opposite such Purchaser's name on Schedule A hereto, as contemplated by the Warrant Agreements in the forms attached to this Agreement as Exhibits B and C, respectively (the "Warrant Agreements").
Agreement to Sell and Purchase the Shares and Warrants. At the Closing (as defined in Section 3), the Company will issue and sell to the Purchaser, and the Purchaser will buy from the Company, upon the terms and conditions hereinafter set forth, the number of Shares and Warrants (at the purchase price) shown below: Be to Be Price Per Unit1 In Aggregate The Company proposes to enter into the same form of purchase agreement with certain other investors (the “Other Purchasers”) and expects to complete sales of the Securities to them. The Purchaser and the Other Purchasers are hereinafter sometimes collectively referred to as the “Purchasers,” and this Agreement and the purchase agreements executed by the Other Purchasers are hereinafter sometimes collectively referred to as the “Agreements.” The term “Placement Agents” shall mean Lxxxxx Brothers Inc. and Deutsche Bank Securities Inc.
Agreement to Sell and Purchase the Shares and Warrants. At the Closing (as defined herein), the Company will sell to the Purchaser, and the Purchaser will buy from the Company, upon the terms and conditions hereinafter set forth, the number of Shares at the purchase price set forth below (the "PURCHASE PRICE") and Warrants shown below:
Agreement to Sell and Purchase the Shares and Warrants. At the Closing (as defined herein), the Company will sell to the Purchaser, and the Purchaser will buy from the Company, upon the terms and conditions hereinafter set forth, the number of Units set forth on the signature page hereof at the purchase price set forth on the signature page hereof (the “Purchase Price”). The Company proposes to enter into purchase agreements with certain other investors (the “Other Purchasers”) and expects to complete sales of the Securities to them. The Purchaser and the Other Purchasers are hereinafter sometimes collectively referred to as the “Purchasers,” and this Agreement and the agreements executed by the Other Purchasers are hereinafter sometimes collectively referred to as the “Agreements.”
