Common use of Description of the Offering Clause in Contracts

Description of the Offering. The Securities to be offered directly to various investors (each, an “Investor” or “Purchaser” and, collectively, the “Investors” or the “Purchasers”) in the Offering shall consist of units (each, a “Unit”), with each Unit consisting of (a) one share of the Company’s common stock (“Common Stock” or “Shares”) or one pre-funded warrant (in lieu of one share of common stock) to purchase a share of Common Stock (“Pre-Funded Warrants”), and (b) one warrant to purchase a share of common stock (“Common Warrants” and together with the Units, Shares and Pre-Funded Warrants, the “Securities”). The purchase price for one Share shall be $[___] per Share (the “Purchase Price”). If the Company shall default in its obligations to deliver Securities to a Purchaser whose offer it has accepted and who has tendered payment, the Company shall indemnify and hold the Placement Agent harmless against any loss, claim, damage or expense arising from or as a result of such default by the Company under this Agreement.

Appears in 2 contracts

Samples: Placement Agency Agreement (Ascent Solar Technologies, Inc.), Placement Agency Agreement (Ascent Solar Technologies, Inc.)

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Description of the Offering. The Securities to be offered directly to various investors (each, an “Investor” or “Purchaser” and, collectively, the “Investors” or the “Purchasers”) in the Offering shall consist of units (each, a “Unit”), with each Unit consisting of (a) one share of the Company’s common stock (“Common Stock” or “Shares”) or one pre-funded warrant (in lieu of one share of common stock) to purchase a share of Common Stock (“Pre-Funded Warrants”), and (b) one warrant to purchase a share of common stock (“Common Warrants” and together with the Units, Shares and Pre-Funded Warrants, the “Securities”). The purchase price for one Share Unit shall be $[___] per Share Unit (the “Purchase Price”). If the Company shall default in its obligations to deliver Securities to a Purchaser whose offer it has accepted and who has tendered payment, the Company shall indemnify and hold the Placement Agent harmless against any loss, claim, damage or expense arising from or as a result of such default by the Company under this Agreement.

Appears in 1 contract

Samples: Placement Agency Agreement (Ascent Solar Technologies, Inc.)

Description of the Offering. The Securities to be offered directly to various investors (each, an “Investor” or “Purchaser” and, collectively, the “Investors” or the “Purchasers”) in the Offering shall consist of units (each, a “Unit”), with each Unit consisting combination of (ai) one share of the Company’s common stock (“Common Stock” or “Shares”); and (ii) or one pre-funded warrant (in lieu of one share of common stock) warrants to purchase 0.5 of a share of Common Stock at an exercise price of $1.00 per whole share (the Pre-Funded Warrants”). The Common Stock and the Warrants will be sold as units (the “Units”, with each Unit consisting of one Share and (b) one warrant a Warrant to purchase 0.5 of a share of common stock (“Share). The Common Warrants” Stock and together with the Units, Shares and Pre-Funded Warrants, Warrants shall be referred to as the “Securities”). The purchase price for one Share Unit shall be $[___] 0.90 per Share Unit (the “Unit Purchase Price”). If the Company shall default in its obligations to deliver Securities to a Purchaser whose offer it has accepted and who has tendered payment, the Company shall indemnify and hold the Placement Agent harmless against any loss, claim, damage or expense arising from or as a result of such default by the Company under this Agreement.

Appears in 1 contract

Samples: Placement Agency Agreement (Precision Therapeutics Inc.)

Description of the Offering. The Securities to be offered directly to various investors (each, an “Investor” or “Purchaser” and, collectively, the “Investors” or the “Purchasers”) in the Offering shall consist of units (each, a “Unit”), with each Unit consisting combination of (ai) one share of the Company’s common stock (“Common Stock” or “Shares”); and (ii) or one pre-funded warrant (in lieu of one share of common stock) warrants to purchase a share of Common Stock at an exercise price of $2.782 per whole share (the Pre-Funded Warrants”). The Common Stock and the Warrants will be sold as units (the “Units”, with each Unit consisting of one Share and (b) one warrant a Warrant to purchase a share of common stock (“Common Warrants” and together with the Units, Shares and Pre-Funded Warrants, the “Securities”Share). The purchase price for one Share Unit shall be $[___] 2.91 per Share Unit (the “Unit Purchase Price”). The Common Stock and Warrants shall be referred to as the “Securities”. If the Company shall default in its obligations to deliver Securities to a Purchaser whose offer it has accepted and who has tendered payment, the Company shall indemnify and hold the Placement Agent harmless against any loss, claim, damage or expense arising from or as a result of such default by the Company under this Agreement.

Appears in 1 contract

Samples: Placement Agency Agreement (Sigma Labs, Inc.)

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Description of the Offering. The Securities to be offered directly to various investors (each, an “Investor” or “Purchaser” and, collectively, the “Investors” or the “Purchasers”) in the Offering shall consist of units (each, a “Unit”), with each Unit consisting combination of (ai) one share of the Company’s common stock (“Common Stock” or “Shares”); and (ii) or one pre-funded warrant (in lieu of one share of common stock) warrants to purchase 0.5 of a share of Common Stock at an exercise price of $1.00 per whole share (the Pre-Funded Warrants”). The Common Stock and the Warrants will be sold as units (the “Units”, with each Unit consisting of one Share and (b) one warrant a Warrant to purchase 0.5 of a share of common stock (“Share). The Common Warrants” Stock and together with the Units, Shares and Pre-Funded Warrants, Warrants shall be referred to as the “Securities”). The purchase price for one Share Unit shall be $[___] 0.80 per Share Unit (the “Unit Purchase Price”). If the Company shall default in its obligations to deliver Securities to a Purchaser whose offer it has accepted and who has tendered payment, the Company shall indemnify and hold the Placement Agent harmless against any loss, claim, damage or expense arising from or as a result of such default by the Company under this Agreement.

Appears in 1 contract

Samples: Placement Agency Agreement (Precision Therapeutics Inc.)

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