Common use of Issuance, Sale and Purchase Clause in Contracts

Issuance, Sale and Purchase. On the terms and subject to the conditions set forth herein, the Company agrees to issue and sell to the Investor, and the Investor agrees to purchase from the Company, free and clear of any Liens, a number of shares of Common Stock (including any associated preferred share purchase rights issuable with respect to such Common Stock pursuant to the Rights Plan) equal to the dollar amount subscribed as indicated on the signature page hereto divided by the Per Share Purchase Price payable by the Investor to the Company. The aggregate purchase price payable pursuant to this Section 1.1 is referred to herein as the “Purchase Price”).

Issuance, Sale and Purchase. On the terms and subject to the conditions set forth herein, the Company agrees to issue and sell to the each Investor, and the each Investor agrees to purchase from the Company, free and clear of any Liens, a number of the shares of Class A Common Stock set forth on Annex A hereto opposite such Investor’s name (including any associated preferred share purchase rights issuable with respect to such Common Stock pursuant to each Investor, the Rights Plan“Shares”) equal to at a per share purchase price of $1.78 (the dollar amount subscribed as indicated on the signature page hereto divided by the “Per Share Purchase Price Price”), payable by the Investor to the CompanyCompany in immediately available funds at the Closing. The aggregate purchase price payable pursuant to this Section 1.1 is referred to herein as the “Purchase Price”).