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 (“Firm Shares”) of the Company’s common stock, par value $0.001 per share (the “Common Stock”). For each Firm Share issued and sold by the Company, the Company shall issue and sell to the several Underwriters one (1) warrant to purchase [ ] ([ ]) share[s] of Common Stock at an exercise price of $[ ] per share (each, a “Warrant”) or an aggregate of [ ] ([ ]) Warrants to purchase an aggregate of [ ] shares of Common Stock (the “Firm Warrants”) (each of the Firm Shares and the Firm Warrants, a “Firm Security” and, collectively, the “Firm Securities”). (ii) The Underwriters, severally and not jointly, agree to purchase from the Company the number of Firm Shares and Firm Warrants set forth opposite their respective names on Schedule 1 attached hereto and made a part hereof at a purchase price of $[•] per Firm Security (94% of the per Firm Security offering price). The Firm Securities are to be offered initially to the public at the offering price set forth on the cover page of the Prospectus (as defined in Section 2.1.1 hereof).

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 (“Firm Shares”) of the Company’s common stock, par value $0.001 per share (the “Common Stock”). For each Firm Share issued and sold by the Company, the Company shall issue and sell to the several Underwriters one (1) warrant to purchase [ ] 0.40 of one ([ ]1) share[s] share of Common Stock at an exercise price of $[ ] 2.25 per share (each, a “Warrant”) ), or an aggregate of [ [●] ([ ]) Warrants to purchase an aggregate of [ [●] shares of Common Stock (the “Firm Warrants”) (each of the Firm Shares and the Firm Warrants, a “Firm Security” and, collectively, the “Firm Securities”). (ii) The Underwriters, severally and not jointly, agree to purchase from the Company the number of Firm Shares and Firm Warrants Securities set forth opposite their respective names on Schedule 1 attached hereto and made a part hereof at a purchase price prices of $[•●] per Firm Security Share (9493% of the per Firm Security Share offering price) and $0.0093 per Firm Warrant (93% of the per Firm Warrant offering price). The Firm Securities are to be offered initially to the public at the offering price prices set forth on the cover page of the Prospectus (as defined in Section 2.1.1 2.1 hereof).

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 (the “Firm Shares”) of the Company’s common stock, $0.01 par value $0.001 per share (the “Common Stock”). For each Firm Share issued and sold by the Company, the Company shall issue and sell to the several Underwriters one (1) warrant together with Common Stock purchase warrants to purchase [ ] ([ ]) share[s] of Common Stock at an exercise price of $[ ] per share (each, a “Warrant”) or up to an aggregate of [ ] ([ ]) Warrants to purchase an aggregate of [ [*] shares of Common Stock (each a “Firm Warrant” and collectively the “Firm Warrants”) (each of ” and together with the Firm Shares and the Firm Warrants, a “Firm Security” and, collectivelyShares, the “Firm Securities”). Each Firm Warrant shall be exercisable for a period of [*] ([*]) years at an exercise price of $[*], subject to adjustment as provided in the agreement evidencing the Firm Warrant. (ii) The Underwriters, severally and not jointly, agree to purchase from the Company the number of Firm Shares and Firm Warrants set forth opposite their respective names on Schedule 1 attached hereto and made a part hereof at a purchase price of $[•*] per Firm Security (94[*]% of the per Firm Security offering price). The Firm Securities are to be offered initially to the public at the offering price set forth on the cover page of the Prospectus (as defined in Section 2.1.1 hereof).

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 (“Firm Shares”) of the Company’s common stock, par value $0.001 0.01 per share (the “Common Stock”). For each Firm Share issued and sold by the Company, the Company shall issue and sell to the several Underwriters one (1) warrant to purchase [ ] one ([ ]1) share[s] share of Common Stock at an exercise price of $[ ] per share (each, a “Warrant”) or an aggregate of [ ] ([ ]) Warrants to purchase an aggregate of [ ] shares of Common Stock (the “Firm Warrants”) (each of the Firm Shares and the Firm Warrants, a “Firm Security” and, collectively, the “Firm Securities”). (ii) The Underwriters, severally and not jointly, agree to purchase from the Company the number of Firm Shares and Firm Warrants set forth opposite their respective names on Schedule 1 attached hereto and made a part hereof at a purchase price of $[•] per Firm Security (9493% of the per Firm Security offering price). The Firm Securities are to be offered initially to the public at the offering price set forth on the cover page of the Prospectus (as defined in Section 2.1.1 hereof).

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 (the “Firm Shares”) of the Company’s common stock, par value $0.001 per share (the “Common Stock”). For each Firm Share issued and sold by the Company, the Company shall issue and sell to the several Underwriters one (1) [•] warrant to purchase [ [•] ([ ]) share[s] of Common Stock at an exercise price of $[ [•] per share (each, a “Warrant”) ), or an aggregate of [ [•] ([ [•]) Warrants to purchase an aggregate of [ [•] ([•]) shares of Common Stock (the “Firm Warrants”) (each of the ). The Firm Shares and the Firm WarrantsWarrants may be purchased separately and will be separately tradable immediately upon the issuance (each, a “Firm Security” and, ”) and collectively, the “Firm Securities”). (ii) The Underwriters, severally and not jointly, agree to purchase from the Company the number of Firm Shares and Firm Warrants Securities set forth opposite their respective names on Schedule 1 attached hereto and made a part hereof at a purchase price of $[•] per Firm Security (94% of the Share and $[•] per Firm Security offering price). Warrant.1 The Firm Securities are to be offered initially to the public at the offering price set forth on the cover page of the Prospectus (as defined in Section 2.1.1 hereof).

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, Underwriter an aggregate of [•] shares (each a “Firm Share” and collectively, the “Firm Shares”) of the Company’s common stock, par value $0.001 per share (the “Common Stock”). For each every one Firm Share issued and sold by the Company, the Company shall issue and sell to the several Underwriters Underwriter one (1) warrant to purchase [ ] ([ ]) share[s] one share of Common Stock at an exercise price of $[ [•] per share (each[•]% of the public offering price per Firm Share set forth on the cover page of the Prospectus (as defined in Section 2.1.1(ii) hereof), a “Warrant”) or an aggregate of [ [•] ([ ]) Warrants warrants to purchase an aggregate of [ [•] shares of Common Stock (each a “Firm Warrant” and collectively, the “Firm Warrants”) (each of the ). Each combined Firm Shares Share and the Firm Warrants, Warrant is referred to herein individually as a “Firm Security” and, collectively, and the Firm Shares and Firm Warrants are referred to collectively herein as the “Firm Securities”).” The Firm Shares and Firm Warrants will be separated immediately upon issuance. (ii) The Underwriters, severally and not jointly, agree Underwriter agrees to purchase from the Company the number of Firm Shares and Firm Warrants set forth opposite their respective names on Schedule 1 attached hereto and made a part hereof Securities at a purchase price of $[•] per Firm Security (94% [93]% of the per Firm Security offering price). The Firm Securities are to be offered initially to the public at the offering price set forth on the cover page of the Prospectus (as defined in Section 2.1.1 hereof)Prospectus.

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 (“Firm Shares”) of the Company’s common stock, par value $0.001 0.0001 per share (the “Common Stock”). For each Firm Share issued and sold by the Company, the Company shall issue and sell to the several Underwriters one (1) warrant to purchase [ ] ([ ]) share[s] of Common Stock at an exercise price of $[ ] per share (each, a “Warrant”) or an aggregate of [ ] ([ ]) Warrants to purchase an aggregate of [ ] shares of Common Stock (the “Firm Warrants”) (each of the Firm Shares and the Firm Warrants, a “Firm Security” and, collectively, the “Firm Securities”). (ii) The Underwriters, severally and not jointly, agree to purchase from the Company the number of Firm Shares and Firm Warrants set forth opposite their respective names on Schedule 1 attached hereto and made a part hereof at a purchase price of $[•[ ] per Firm Security (9493% of the per Firm Security offering price). The Firm Securities are to be offered initially to the public at the offering price set forth on the cover page of the Prospectus (as defined in Section 2.1.1 hereof).