Common use of Issuance, Sale and Purchase Clause in Contracts

Issuance, Sale and Purchase. On the terms and subject to the satisfaction or waiver of 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 Common Shares equal to one of the following as indicated on the signature page hereto: (i) 4.99% of the Common Shares outstanding at the Closing Date on a Pro Forma Basis (rounded down to the nearest whole share) or (ii) the dollar amount subscribed as indicated on the signature page hereto divided by the Per Share Purchase Price, in each case at the Per Share Purchase Price, payable by the Investor to the Company (the aggregate purchase price payable pursuant to this Section 1.1, the “Purchase Price”).

Issuance, Sale and Purchase. On the terms and subject to the satisfaction or waiver of 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 Common Shares (including any associated preferred share purchase rights issuable with respect to such Common Shares pursuant to the Rights Plan) equal to one of the following as indicated on the signature page hereto: (i) 4.994.9% of the Common Shares outstanding at the Closing Date on a Pro Forma Basis (rounded down to the nearest whole share) or (ii) the dollar amount subscribed as indicated on the signature page hereto divided by the Per Share Purchase Price, in each case at a purchase price of $0.50 per share (or, following the Per Share Purchase PriceReverse Stock Split, $10 per share) payable by the Investor to the Company (the aggregate purchase price payable pursuant to this Section 1.1, the “Purchase Price”).

Issuance, Sale and Purchase. On the terms and subject to the satisfaction or waiver of 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 Common Shares equal to one of the following as indicated on the signature page hereto: (i) 4.994.9% of the Common Shares outstanding at the Closing Date on a Pro Forma Basis (rounded down to the nearest whole share) or (ii) the dollar amount subscribed as indicated on the signature page hereto divided by the Per Share Purchase Price, in each case at the Per Share Purchase Price, payable by the Investor to the Company (the aggregate purchase price payable pursuant to this Section 1.1, the “Purchase Price”).