Common Shares and Warrants. Subject to the satisfaction (or waiver) of the conditions set forth in Sections 6 and 7 below, the Company shall issue and sell to each Buyer, and each Buyer severally, but not jointly, shall purchase from the Company on the Closing Date (as defined below), the number of Common Shares as is set forth opposite such Buyer’s name in column (3) on the Schedule of Buyers along with a Warrant to initially acquire up to that number of Warrant Shares as is set forth opposite such Buyer’s name in column (4) on the Schedule of Buyers.
Common Shares and Warrants. The Company shall issue and sell to each Buyer, and each Buyer severally, but not jointly, shall purchase from the Company on the Closing Date (as defined below), the aggregate number of Common Shares, as is set forth opposite such Buyer’s name in column (3) on the Schedule of Buyers, along with Warrants to initially acquire up to the aggregate number of Warrant Shares as is set forth opposite such Buyer’s name in column (4) on the Schedule of Buyers.
Common Shares and Warrants. Subject to the satisfaction (or waiver) of the conditions set forth in Sections 6 and 7 below, the Company shall issue and sell to each Buyer, and each Buyer severally, but not jointly, shall purchase from the Company on the Closing Date (as defined below), such aggregate number of Common Shares as is set forth opposite such Buyer’s name in column (3) on the Schedule of Buyers along with (i) Series A Warrants to initially acquire up to that aggregate number of Series A Warrant Shares as is set forth opposite such Buyer’s name in column (4) on the Schedule of Buyers, (ii) Series B Warrants to initially acquire up to that aggregate number of Series B Warrant Shares as is set forth opposite such Buyer’s name in column (5) on the Schedule of Buyers, (iii) Series C Warrants to initially acquire up to that aggregate number of Series C Warrant Shares as is set forth opposite such Buyer’s name in column (6) on the Schedule of Buyers. and (iv) Series D Warrants to initially acquire up to that aggregate number of Series D Warrant Shares as is set forth opposite such Buyer’s name in column (7) on the Schedule of Buyers.
Common Shares and Warrants. Subject to the satisfaction (or waiver) of the conditions set forth in Sections 6 and 7 below, the Company shall issue and sell to each Buyer, and each Buyer severally, but not jointly, shall purchase from the Company on the Closing Date (as defined below), such aggregate number of Common Shares, as is set forth opposite such Buyer’s name in column (3) on the Schedule of Buyers, along with (i) a Series A Warrant to initially acquire up to that aggregate number of Series A Warrant Shares as is set forth opposite such Buyer’s name in column (4) on the Schedule of Buyers and (ii) a Series B Warrant to initially acquire up to that aggregate number of Series B Warrant Shares as is set forth opposite such Buyer’s name in column (5) on the Schedule of Buyers.
Common Shares and Warrants. The Company shall issue and sell to each Buyer, and each Buyer severally, but not jointly, shall purchase from the Company on the Closing Date (as defined below), the number of Common Shares, as is set forth opposite such Buyer’s name in column (3) on the Schedule of Buyers, along with (i) a Series A Warrant to initially acquire up to that number of Series A Warrant Shares as is set forth opposite such Buyer’s name in column (4) on the Schedule of Buyers and (ii) a Series B Warrant to initially acquire up to that number of Series B Warrant Shares as is set forth opposite such Buyer’s name in column (5) on the Schedule of Buyers.
Common Shares and Warrants. The Company shall issue and sell to each Buyer, and each Buyer severally, but not jointly, shall purchase from the Company on the Closing Date (as defined below), Units consisting of (i) the number of Common Shares, as is set forth for such Buyer on the Schedule of Buyers and (ii) Warrants, to initially acquire up to that number of Warrant Shares as is set forth for such Buyer on the Schedule of Buyers. Notwithstanding that the Units being purchased hereunder consist of Common Shares and Warrants, the Common Shares and Warrants shall be immediately separable and shall be independent from one another.
Common Shares and Warrants. Subject to the satisfaction (or waiver) of the conditions set forth in Sections 6 and 7 below, the Company shall issue and sell to each Buyer, and each Buyer, severally, but not jointly, shall purchase from the Company on the Closing Date (as defined below), (v) the number of Common Shares as is set forth opposite such Buyer's name in column (3) on the Schedule of Buyers, (w) Series B Warrants to acquire up to that number of Series B Warrant Shares as is set forth opposite such Buyer's name in column (4) on the Schedule of Buyers and (x) Series C Warrants to acquire up to that number of Series C Warrant Shares as is set forth opposite such Buyer's name in column (5) on the Schedule of Buyers (the "Closing"). The parties agree that in no event shall the number of shares of Common Shares issuable to the Buyers in the Closing represent more than 19.9% of the Company's outstanding shares of Common Stock on the Closing Date.
Common Shares and Warrants. The Company shall issue and sell to each Buyer, and each Buyer severally, but not jointly, shall purchase from the Company on the Closing Date, such number of units (the “Units”) consisting of (i) one share of Common Stock (the aggregate amount for all Buyers shall be collectively referred to herein as the “Common Shares”) and (ii) a warrant to purchase one-third of a share of Common Stock (each a “Warrant” and all shares of Common Stock acquirable upon exercise or exchange of the Warrants, collectively, the “Warrant Shares”), as evidenced by the warrant certificate in the form attached hereto as Exhibit A as is set forth for such Buyer on the Schedule of Buyers. Notwithstanding that the Units are being purchased hereunder, the Common Shares and Warrants underlying each Unit shall be immediately separable and shall be independent from one another. The Common Shares, the Warrants and the Warrant Shares are collectively referred to herein as the “Securities.”
Common Shares and Warrants. The Company shall issue and sell to the Buyer, and the Buyer shall purchase from the Company on the Closing Date, 4,918,032 shares of Common Stock (the “Common Shares”), along with one or more warrants, substantially in form of Warrant to Purchase Common Stock attached hereto as Exhibit A, to purchase that number of shares of Common Stock indicated therein (the “Warrants” and all shares of Common Stock acquirable upon exercise or exchange of the Warrants, collectively, the “Warrant Shares”). The Common Shares, the Warrants and the Warrant Shares are collectively referred to herein as the “Securities.” The initial number of Warrant Shares set forth above shall be equal to 60% of the aggregate Purchase Price (as defined in the Securities Purchase Agreement) divided by the Purchase Price per share. In the event that the Common Stock is delisted from the Principal Market (as defined in the Securities Purchase Agreement), the warrant coverage under this Warrant will automatically increase, immediately upon such delisting, with no further action required by either party, to 70% of the aggregate Purchase Price divided by the Purchase Price per share.
Common Shares and Warrants. Subject to the satisfaction (or waiver) of the conditions set forth in a Subscription Agreement and Investor Questionnaire, the Company shall issue and sell to each Purchaser, and each Purchaser shall purchase from the Company, on a Tranche Closing Date, such aggregate number of Units as is set forth opposite such Purchaser’s name in column (3) on the Schedule of Purchasers.
