Authorization of Warrants. If the Underwritten Securities being sold pursuant to the applicable Terms Agreement include Warrants, such Underwritten Securities have been, or as of the date of such Terms Agreement will have been, duly authorized by the Company for issuance and sale pursuant to this Underwriting Agreement and such Terms Agreement. Such Underwritten Securities, when issued and authenticated in the manner provided for in the applicable Warrant Agreement and delivered against payment of the consideration therefor specified in such Terms Agreement, will constitute valid and legally binding obligations of the Company, entitled to the benefits provided by such Warrant Agreement and enforceable against the Company in accordance with their terms, except as enforcement thereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting creditors' rights generally or by general equitable principles.
Authorization of Warrants. If the Underwritten Securities being sold pursuant to the applicable Terms Agreement include Warrants, such Underwritten Securities have been, or as of the date of such Terms Agreement will have been, duly authorized by the Company for issuance and sale pursuant to this Underwriting Agreement and such Terms Agreement. Such Underwritten Securities, when issued and authenticated in the manner provided for the applicable Warrant Agreement and delivered against payment of the consideration therefor specified in such Terms Agreement, (A) will constitute valid and binding obligations of the Company, entitled to the benefits provided by such Warrant Agreement and enforceable against the Company in accordance with their terms, except as enforcement thereof may be limited by bankruptcy, insolvency (including, without limitation, all laws relating to fraudulent transfers), reorganization, moratorium or other similar laws affecting the enforcement of creditors' rights generally or by general equitable principles (regardless of whether enforcement is considered in a proceeding in equity or at law), and (B) will be in the form contemplated by, and entitled to the benefits of, the Warrant Agreement.
Authorization of Warrants. If the Offered Securities include Warrants, such Offered Securities have been, or as of the date of the applicable Terms Agreement will have been, duly authorized by the Company for issuance and sale pursuant to this Agreement. Such Offered Securities, when issued and authenticated in the manner provided for the applicable Warrant Agreement and delivered against payment of the consideration therefor specified in the applicable Terms Agreement, will constitute valid and binding obligations of the Company, entitled to the benefits provided by such Warrant Agreement and enforceable against the Company in accordance with their terms, except as enforcement thereof may be limited by bankruptcy, insolvency (including, without limitation, all laws relating to fraudulent transfers), reorganization, moratorium or other similar laws affecting the enforcement of creditors' rights generally or by general equitable principles (regardless of whether enforcement is considered in a proceeding in equity or at law).
Authorization of Warrants. The Company will authorize the sale and issuance of up to 228,694 of its Warrants (each a "Warrant" and collectively, the "Warrants") to purchase one (1) share of its Common Stock (collectively, the "Warrant Shares") at an exercise price of $12.00, having the rights, privileges and preferences as set forth in the form of Warrant attached hereto as Exhibit B.
Authorization of Warrants. 8 (15) Authorization of Warrant Agreement.............................8 (16)
Authorization of Warrants. The Company has authorized the sale and issuance of the Pre-Funded Warrants on the terms and subject to the conditions set forth in this Agreement.
Authorization of Warrants. The Company has authorized and hereby ratifies such authorization by execution hereof, the issuance and sale to the Purchaser of an aggregate of 2,475,000 warrants. Each warrant shall upon exercise and payment of the exercise price specified therein entitle the holder to purchase one share of the Common Stock.
Authorization of Warrants. The Warrants have been duly authorized for issuance by the Company and, when issued and delivered as provided in this Subscription Agreement, will be duly and validly issued, fully paid and non-assessable, and the issuance thereof will not be subject to any preemptive or other similar rights.
Authorization of Warrants. The Company has authorized the issue and sale of its warrants (herein, together with any warrants issued in exchange therefor or replacement thereof called the “Warrants”) evidencing the rights to acquire an aggregate of 100,000 shares (subject to adjustment) of Common Stock (as defined below). The Warrants shall be exercisable at a price of $3.00 per share and shall be substantially in the form attached to this Agreement as Exhibit C.
Authorization of Warrants. 8 (p) Authorization of Warrant Agreement.............................................................. 8 (q) Authorization of Underlying Securities.......................................................... 8 (r) Descriptions of the Offered Securities, Underlying Securities, Indentures, Deposit Agreement and Warrant Agreement........................................................................... 9 (s) Absence of Defaults and Conflicts............................................................... 9 (t) Absence of Further Requirements................................................................. 10 (u) Absence of Labor Dispute........................................................................ 10 (v) Absence of Proceedings.......................................................................... 10 (w) Accuracy of Exhibits............................................................................ 11 (x) Possession of Licenses and Permits.............................................................. 11 (y)
