Common use of Nature and Purchase of Firm Securities Clause in Contracts

Nature and Purchase of Firm Securities. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●] shares (each, a “Firm Share” and collectively, the “Firm Shares”) of the Company’s common shares, no par value per share (the “Common Shares”). For every one Firm Share issued and sold by the Company, the Company shall issue and sell to the several Underwriters one warrant (each, a “Warrant,” and collectively as the “Warrants”). Each Warrant shall entitle its holder to purchase one Common Share at an exercise price of $[●] per share (120% of the public offering price per Firm Share in the Offering), or an aggregate of [●] Warrants to purchase an aggregate of [●] Common Shares (the “Firm Warrants” and together with the Firm Shares, the “Firm Securities”). The Firm Shares and Firm Warrants shall be sold together as a unit (each a “Firm Unit” and collectively the “Firm Units”), consisting of one Firm Share and one Firm Warrant. The Firm Shares and the Firm Warrants will be separated immediately upon issuance. The Warrants will not be listed for trading on the Nasdaq CM and will expire [60] months from the date of issuance.

Nature and Purchase of Firm Securities. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●(i) [ ● ] shares Series A Units (each, a “Firm Share” and collectively, the “Firm SharesSeries A Units”) ), each Firm Series A Unit consisting of one share of the Company’s common sharesstock, no par per value $0.01 per share (the “Common SharesStock”). For every one Firm Share issued , and sold by the Company, the Company shall issue and sell to the several Underwriters one warrant (each, a “Warrant,” and collectively as collectively, the “Warrants”). Each , each Warrant shall entitle its holder to purchase one share of Common Share Stock at an exercise price of $[●[ ● ] per share and (120% ii) [ ● ] Series B Units (the “Firm Series B Units”), each Firm Series B unit consisting of one share of Series A Convertible Preferred Stock (the public offering price per Firm Share in the Offering)“Preferred Shares”) and [ ● ] Warrants, each Warrant to purchase one share of common stock, or an aggregate of [●[ ● ] Warrants to purchase an aggregate of [●[ ● ] shares of Common Shares Stock. The Firm Series A Units and the Firm Series B units (the each, a “Firm WarrantsSecurity” and together with the Firm Sharesand, collectively, the “Firm Securities”). The Firm Shares and Firm Warrants shall be sold together as a unit (each a “Firm Unit” and collectively the “Firm Units”), consisting of one Firm Share and one Firm Warrant. The Firm Shares and securities comprising the Firm Warrants Securities will be separated separately transferable immediately upon issuance. The Warrants will not be listed for trading on the Nasdaq CM and will expire [60] months from the date of issuance.

Nature and Purchase of Firm Securities. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several UnderwritersUnderwriter, an aggregate of [●] shares units (the “Units”), each consisting of (i) one (1) share of the Company’s common stock (each, a “Firm Share” and collectively, the “Firm Shares”) of the Company’s common shares), no par value $0.0001 per share (the “Common SharesStock”). For every ) or a pre-funded warrant to purchase one Firm Share issued share of Common Stock (each a “Pre-funded Warrant” and sold by the Companycollectively, the Company shall issue “Pre-funded Warrants”) in lieu thereof, (ii) one-tenth (1/10) of a Series A common warrant to purchase one (1) share of Common Stock (the “Series A Warrant”) and sell (iii) one-tenth (1/10) of a Series B common warrant to purchase one (1) share of Common Stock (the several Underwriters one warrant (each“Series B Warrant” and, each of the Series A Warrant and Series B Warrant, a “Common Warrant,” and collectively as the “Warrants”). Each Warrant shall entitle its holder to purchase one Common Share at an exercise price of $[●] per share (120% of the public offering price per Firm Share in the Offering), or an aggregate of [●] Warrants to purchase an aggregate of [●] Common Shares (the “Firm Warrants” and together with the Firm Sharescollectively, the “Firm SecuritiesCommon Warrants”). The Firm Shares Shares, the Pre-funded Warrants, and Firm the Common Warrants shall be sold together are referred to as a unit (each a “Firm Unit” and collectively the “Firm UnitsSecurities.”), consisting of one Firm Share and one Firm Warrant. The Firm Shares and the Firm Warrants will be separated immediately upon issuance. The Warrants will not be listed for trading on the Nasdaq CM and will expire [60] months from the date of issuance.

Nature and Purchase of Firm Securities. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●____] shares (each, a “Firm Share” and collectively, the “Firm Shares”) of the Company’s common sharesstock, no par value $0.01 per share (the “Common SharesStock”). For every one two Firm Share Shares issued and sold by the Company, the Company shall issue and sell to the several Underwriters one warrant (each, a “Warrant,” and collectively as the “Warrants”). Each Warrant shall entitle its holder to purchase one [one] share of Common Share Stock at an exercise price of $[●] ______ per share (120125.0% of the public offering price per Firm Share Security in the Offering) (each, a “Warrant” and collectively, the “Warrants”), or an aggregate of [●] _______ Warrants to purchase an aggregate of [●] ___________shares of Common Shares Stock (the “Firm Warrants” and together with the Firm Shares, the “Firm Securities”). The Each Firm Shares and Firm Warrants Warrant shall be sold together as exercisable for a unit period of [five (each a “Firm Unit” and collectively 5)] years at an exercise price of $[____] (the “Firm UnitsWarrant Exercise Price”), consisting of one Firm Share and one subject to adjustment as provided in the agreement evidencing the Firm Warrant. The Firm Shares and the Firm Warrants will be separated immediately upon issuance. The Warrants will not be listed for trading on the Nasdaq CM and will expire [60] months from the date of issuance.

Nature and Purchase of Firm Securities. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several UnderwritersUnderwriter, an aggregate of [●] shares 120,000,000 units (the “Units”), each consisting of (i) one (1) share of the Company’s common stock (each, a “Firm Share” and collectively, the “Firm Shares”) of the Company’s common shares), no par value $0.01 per share (the “Common SharesStock”). For every ) or a pre-funded warrant to purchase one Firm Share issued share of Common Stock (each a “Pre-funded Warrant” and sold by the Companycollectively, the Company shall issue “Pre-funded Warrants”) in lieu thereof, (ii) one-half (1/2) of a Class C-1 common warrant to purchase one (1) share of Common Stock (the “Class C-1 Warrant”) and sell (iii) one (1) Class C-2 common warrant to purchase one (1) share of Common Stock (the several Underwriters one warrant (each“Class C-2 Warrant” and, each of the Class C-1 Warrant and Class C-2 Warrant, a “Common Warrant,” and collectively as the “Warrants”). Each Warrant shall entitle its holder to purchase one Common Share at an exercise price of $[●] per share (120% of the public offering price per Firm Share in the Offering), or an aggregate of [●] Warrants to purchase an aggregate of [●] Common Shares (the “Firm Warrants” and together with the Firm Sharescollectively, the “Firm SecuritiesCommon Warrants”). The Firm Shares Shares, the Pre-funded Warrants, and Firm the Common Warrants shall be sold together are referred to as a unit (each a “Firm Unit” and collectively the “Firm UnitsSecurities.”), consisting of one Firm Share and one Firm Warrant. The Firm Shares and the Firm Warrants will be separated immediately upon issuance. The Warrants will not be listed for trading on the Nasdaq CM and will expire [60] months from the date of issuance.

Nature and Purchase of Firm Securities. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [●•] shares (each, a “Firm Share” and collectively, i) Series A Units (the “Firm SharesSeries A Units”) ), each Firm Series A Unit consisting of one share of the Company’s common sharesstock, no par value $0.01 per share (the “Common SharesStock”). For every one Firm Share issued , and sold by the Company, the Company shall issue and sell to the several Underwriters one warrant (each, a “Warrant,” and collectively as collectively, the “Warrants”). Each Warrant shall entitle its holder , each warrant to purchase one (1) share of Common Share Stock at an exercise price of $[●[ ] per share and (120% of the public offering price per Firm Share in the Offering), or an aggregate of ii) [●•] Warrants to purchase an aggregate of [●] Common Shares Series B Units (the “Firm Series B Units”) each Firm Series B Unit consisting of one share of Series [•] Convertible Preferred Stock (the “Preferred Shares”) and [•] Warrants, each Warrant to purchase one share of Common Stock (each, a “Firm Security” and together with the Firm Sharesand, collectively, the “Firm Securities”). The Firm Shares and Firm Warrants shall be sold together as a unit (each a “Firm Unit” and collectively the “Firm Units”), consisting of one Firm Share and one Firm Warrant. The Firm Shares and securities comprising the Firm Warrants Securities will be separated separately transferable immediately upon issuance. The Warrants will not be listed for trading on the Nasdaq CM and will expire [60] months from the date of issuance.

Nature and Purchase of Firm Securities. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several UnderwritersUnderwriter, an aggregate of [●] shares 28,000,000 units (the “Units”), each consisting of (i) one (1) share of the Company’s common stock (each, a “Firm Share” and collectively, the “Firm Shares”) of the Company’s common shares), no par value $0.01 per share (the “Common SharesStock”). For every ) or a pre-funded warrant to purchase one Firm Share issued share of Common Stock (each a “Pre-funded Warrant” and sold by the Companycollectively, the Company shall issue “Pre-funded Warrants”) in lieu thereof, (ii) one-half (1/2) of a Class B-1 common warrant to purchase one (1) share of Common Stock (the “Class B-1 Warrant”) and sell (iii) one (1) Class B-2 common warrant to purchase one (1) share of Common Stock (the several Underwriters one warrant (each“Class B-2 Warrant” and, each of the Class B-1 Warrant and Class B-2 Warrant, a “Common Warrant,” and collectively as the “Warrants”). Each Warrant shall entitle its holder to purchase one Common Share at an exercise price of $[●] per share (120% of the public offering price per Firm Share in the Offering), or an aggregate of [●] Warrants to purchase an aggregate of [●] Common Shares (the “Firm Warrants” and together with the Firm Sharescollectively, the “Firm SecuritiesCommon Warrants”). The Firm Shares Shares, the Pre-funded Warrants, and Firm the Common Warrants shall be sold together are referred to as a unit (each a “Firm Unit” and collectively the “Firm UnitsSecurities.”), consisting of one Firm Share and one Firm Warrant. The Firm Shares and the Firm Warrants will be separated immediately upon issuance. The Warrants will not be listed for trading on the Nasdaq CM and will expire [60] months from the date of issuance.