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 (i) 9,642,857 Series A Units (the “Firm Series A Units”), each Firm Series A Unit consisting of one share of the Company’s common stock, par value $0.01 per share (the “Common Stock”), and one warrant (each, a “Warrant” and collectively, the “Warrants”), each Warrant to purchase one share of Common Stock at an exercise price of $0.875 per share and (ii) 750 Series B Units (the “Firm Series B Units”), each Firm Series B unit consisting of one share of Series A Convertible Preferred Stock (the “Preferred Shares”) and 1,429 Warrants, each Warrant to purchase one share of common stock. The Firm Series A Units and the Firm Series B units (each, a “Firm Security” and, collectively, the “Firm Securities”). The securities comprising the Firm Securities will be separately transferable immediately upon 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 4,353,000 shares (i) 9,642,857 Series A Units (each, a “Firm Share” and collectively, the “Firm Series A UnitsShares”), each Firm Series A Unit consisting of one share ) of the Company’s common stock, par value $0.01 0.001 per share (the “Common Stock”). For every one Firm Share issued and sold by the Company, the Company shall issue and sell to the several Underwriters two warrants to purchase one warrant share of Common Stock each at an exercise price of $4.25 per share (100% of the public offering price per Firm Security in the Offering) (each, a “Warrant” and collectively, the “Warrants”), each Warrant or an aggregate of 8,706,000 Warrants to purchase one share an aggregate of 8,706,000 shares of Common Stock at an exercise price of $0.875 per share and (ii) 750 Series B Units (the “Firm Series B Units”), each Firm Series B unit consisting of one share of Series A Convertible Preferred Stock (the “Preferred Shares”) Warrants” and 1,429 Warrants, each Warrant to purchase one share of common stock. The Firm Series A Units and together with the Firm Series B units (each, a “Firm Security” and, collectivelyShares, the “Firm Securities”). The securities comprising Firm Shares and the Firm Securities Warrants will be separately transferable separated immediately upon 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 3,000,000 shares (i) 9,642,857 Series A Units (each, a “Firm Share” and collectively, the “Firm Series A UnitsShares”), each Firm Series A Unit consisting of one share ) of the Company’s common stock, par value $0.01 0.025 per share (the “Common Stock”). For every one Firm Share issued and sold by the Company, the Company shall issue and sell to the several Underwriters one warrant to purchase one share of Common Stock at an exercise price of $5.16 per share (125.0% of the public offering price per Firm Security in the Offering) (each, a “Warrant” and collectively, the “Warrants”), each Warrant or an aggregate of 3,000,000 Warrants to purchase one share an aggregate of 3,000,000 shares of Common Stock at an exercise price of $0.875 per share and (ii) 750 Series B Units (the “Firm Series B Units”), each Firm Series B unit consisting of one share of Series A Convertible Preferred Stock (the “Preferred Shares”) Warrants” and 1,429 Warrants, each Warrant to purchase one share of common stock. The Firm Series A Units and together with the Firm Series B units (each, a “Firm Security” and, collectivelyShares, the “Firm Securities”). The securities comprising Firm Shares and the Firm Securities Warrants will be separately transferable separated immediately upon 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 3,000,000 shares (i) 9,642,857 Series A Units (each a “Firm Share” and collectively the “Firm Series A UnitsShares”), each Firm Series A Unit consisting of one share ) of the Company’s common stock, par value $0.01 0.0001 per share (the “Common Stock”). For every one Firm Share issued and sold by the Company, the Company shall issue and sell to the several Underwriters one warrant to purchase one share of Common Stock at an exercise price of $5.00 per share (125.0% of the public offering price per Firm Share in the Offering) (each, a “Warrant” and collectively, the “Warrants”), each Warrant or an aggregate of 3,000,0000 Warrants to purchase one share an aggregate of 3,000,000 shares of Common Stock at an exercise price of $0.875 per share and (ii) 750 Series B Units (the “Firm Series B Units”)Warrants” and together with the Firm Shares, the “Firm Securities,” and, each Firm Series B unit consisting of one share of Series A Convertible Preferred Stock (the “Preferred Shares”) and 1,429 Warrants, each Warrant to purchase one share of common stock. The Firm Series A Units and the Firm Series B units (eachindividually, a “Firm Security” and, collectively, the “Firm Securities”). The securities comprising Firm Shares and the Firm Securities Warrants will be separately transferable separated immediately upon 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 3,855,422 shares (i) 9,642,857 Series A Units (the “Firm Series A UnitsShares”), each Firm Series A Unit consisting of one share ) of the Company’s common stock, par value $0.01 0.0001 per share (the “Common Stock”). For every one Firm Share issued and sold by the Company, the Company shall issue and sell to the several Underwriters one warrant to purchase one share of Common Stock each at an exercise price of $4.50 per share (approximately 108.4% of the public offering price per Firm Share in the Offering) (each, a “Warrant” and collectively, the “Warrants”), each Warrant or an aggregate of 3,855,422 Warrants to purchase one share an aggregate of 3,855,422 shares of Common Stock at an exercise price of $0.875 per share and (ii) 750 Series B Units (the “Firm Series B Units”), each Firm Series B unit consisting of one share of Series A Convertible Preferred Stock (the “Preferred Shares”) Warrants” and 1,429 Warrants, each Warrant to purchase one share of common stock. The Firm Series A Units and together with the Firm Series B units (each, a “Firm Security” and, collectivelyShares, the “Firm Securities”). The securities comprising the Firm Securities will Shares and Firm Warrants shall be separately transferable immediately upon issuancesold as a unit (a “Firm Unit”), consisting of one Firm Share and one Firm Warrant.

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 6,667,000 shares (i) 9,642,857 Series A Units (each, a “Firm Share” and collectively, the “Firm Series A UnitsShares”), each Firm Series A Unit consisting of one share ) of the Company’s common stock, par value $0.01 0.0001 per share (the “Common Stock”). For every one Firm Share issued and sold by the Company, the Company shall issue and sell to the several Underwriters one warrant to purchase one share of Common Stock at an exercise price of $3.75 per share (125.0% of the public offering price per Firm Share in the Offering) (each, a “Warrant” and collectively, the “Warrants”), each Warrant or an aggregate of 6,667,000 Warrants to purchase one share an aggregate of 6,667,000 shares of Common Stock at an exercise price of $0.875 per share and (ii) 750 Series B Units (the “Firm Series B Units”)Warrants” and together with the Firm Shares, the “Firm Securities,” and, each Firm Series B unit consisting of one share of Series A Convertible Preferred Stock (the “Preferred Shares”) and 1,429 Warrants, each Warrant to purchase one share of common stock. The Firm Series A Units and the Firm Series B units (eachindividually, a “Firm Security” and, collectively, the “Firm Securities”). The securities comprising Firm Shares and the Firm Securities Warrants will be separately transferable separated immediately upon 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) 9,642,857 645,161 Series A Units (the “Firm Series A Units”), each Firm Series A Unit consisting of one share of the Company’s common stock, par value $0.01 per share (the “Common Stock”), and one warrant (each, a “Warrant” and collectively, the “Warrants”), each Warrant warrant to purchase one (1) share of Common Stock at an exercise price of $0.875 1.9375 per share and (ii) 750 9,000 Series B Units (the “Firm Series B Units”), ) each Firm Series B unit Unit consisting of one share of Series A C Convertible Preferred Stock (the “Preferred Shares”) and 1,429 645.1613 Warrants, each Warrant to purchase one share of common stock. The Firm Series A Units and the Firm Series B units Common Stock (each, a “Firm Security” and, collectively, the “Firm Securities”). The securities comprising the Firm Securities will be separately transferable immediately upon 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) 9,642,857 i)19,115,000 Series A Units (the “Firm Series A Units”), each Firm Series A Unit consisting of one share of the Company’s common stock, par value $0.01 per share (the “Common Stock”), and one warrant (each, a “Warrant” and collectively, the “Warrants”), each warrant to purchase one share of Common Stock at an exercise price of $0.45 per share and (ii) 0 Series B Units (the “Firm Series B Units”), each Series B Unit consisting of one share of Series F Convertible Preferred Stock (the “Preferred Shares”) and 2222.2222 Warrants, each Warrant to purchase one share of Common Stock at an exercise price of $0.875 0.45 per share and (ii) 750 Series B Units (the “Firm Series B Units”), each Firm Series B unit consisting of one share of Series A Convertible Preferred Stock (the “Preferred Shares”) and 1,429 Warrants, each Warrant to purchase one share of common stock. The Firm Series A Units and the Firm Series B units (each, a “Firm Security” and, collectively, the “Firm Securities”). The securities comprising the Firm Securities will be separately transferable immediately upon 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 2,500,000 shares (i) 9,642,857 Series A Units (each, a “Firm Share” and collectively, the “Firm Series A UnitsShares”), each Firm Series A Unit consisting of one share ) of the Company’s common stock, par value $0.01 0.00001 per share (the “Common Stock”). For every one Firm Share issued and sold by the Company, the Company shall issue and sell to the several Underwriters one warrant to purchase one share of Common Stock each at an exercise price of $5.50 per share (110% of the public offering price per Firm Share in the Offering) (each, a “Warrant” and collectively, the “Warrants”), each Warrant or an aggregate of Warrants to purchase one share an aggregate of 2,500,000 shares of Common Stock at an exercise price of $0.875 per share and (ii) 750 Series B Units (the “Firm Series B Units”), each Firm Series B unit consisting of one share of Series A Convertible Preferred Stock (the “Preferred Shares”) Warrants” and 1,429 Warrants, each Warrant to purchase one share of common stock. The Firm Series A Units and together with the Firm Series B units (each, a “Firm Security” and, collectivelyShares, the “Firm Securities”). The securities comprising the Firm Securities will Shares and Firm Warrants shall be separately transferable immediately upon issuancesold as a unit (a “Firm Unit”), consisting of one Firm Share and one Firm Warrant.

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 2,400,000 shares (i) 9,642,857 Series A Units (each, a “Firm Share” and collectively, the “Firm Series A UnitsShares”), each Firm Series A Unit consisting of one share ) of the Company’s common stock, par value $0.01 0.0001 per share (the “Common Stock”). For every one Firm Share issued and sold by the Company, the Company shall issue and sell to the several Underwriters one warrant to purchase one share of Common Stock each at an exercise price of $5.50 per share (110% of the public offering price per Firm Unit in the Offering) (each, a “Warrant” and collectively, the “Warrants”), each Warrant or an aggregate of Warrants to purchase one share an aggregate of 2,400,000 shares of Common Stock at an exercise price of $0.875 per share and (ii) 750 Series B Units (the “Firm Series B Units”), each Firm Series B unit consisting of one share of Series A Convertible Preferred Stock (the “Preferred Shares”) Warrants” and 1,429 Warrants, each Warrant to purchase one share of common stock. The Firm Series A Units and together with the Firm Series B units (each, a “Firm Security” and, collectivelyShares, the “Firm Securities”). The securities comprising the Firm Securities will Shares and Firm Warrants shall be separately transferable immediately upon issuancesold as a unit (a “Firm Unit”), consisting of one Firm Share and one Firm Warrant.