Nature and Purchase of Firm Shares and Firm Warrants. (A) 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 1,750,000 units (each a “Unit”, and collectively, the “Units”), each comprised on one share (the “Firm Shares”) of the Company’s common stock, $0.001 par value per share (the “Common Stock”) and a warrant to purchase one Common Share at an exercise price of $[___] per share (the “Firm Warrants” and, collectively with the Firm Shares, the “Firm Securities”).
Nature and Purchase of Firm Shares and Firm Warrants. (A) 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 a combination of (a) [•] shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”), and (b) Warrants to purchase [•] shares of Common Stock (the “Firm Warrants”). The Firm Shares and the Firm Warrants will be sold as units (the “Units”, with each Unit consisting of one Firm Share and one Firm Warrant.
Nature and Purchase of Firm Shares and Firm Warrants. (A) 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 Underwriters an aggregate of [___] units (each a “Unit,” and collectively, the “Units”), each comprised of one share (individually, “Firm Share”; collectively, the “Firm Shares”) of Company common stock, par value $0.001 per share (the “Common Shares”), or in lieu of a Common Share, and (ii) a warrant to purchase one Common Share at an exercise price of $[●] per share (individually, “Firm Warrant” and, collectively, the “Firm Warrants”). To the extent that the purchase of Firm Shares would cause the beneficial ownership of a purchaser in the Offering, together with its affiliates and certain related parties, to exceed 9.99% of the Common Shares, the Company agrees to issue the Underwriters, for delivery to such purchasers, at the election of the purchasers, a number of Pre-Funded Warrants (individually “Pre-Funded Warrant”; collectively, the “Pre-Funded Warrants”), which are initially convertible on a 1-for-1 basis into Common Shares, at an exercise price of $0.001 per Common Share in lieu of the Firm Shares. The Firm Warrants, the Firm Shares and the Pre-Funded Warrants are hereafter collectively referred to as the “Firm Securities”.
Nature and Purchase of Firm Shares and Firm Warrants. (A) 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 a combination of (a) 3,229,814 common shares (“Firm Shares”) of the Company, without par value (the “Common Shares”), and (b) Warrants to purchase 1,614,907 Common Shares (the “Firm Warrants”). The Firm Shares and the Firm Warrants will be sold as units (the “Units”, with each Unit consisting of one Firm Share and 0.5 Firm Warrant). The Units, and the Shares (as defined below) included within the Units and the Warrants (as defined below) comprising the Units, as well as the Common Shares issuable upon exercise of the Warrants (the “Warrant Shares”), are hereinafter referred to together as the “Firm Securities.”
Nature and Purchase of Firm Shares and Firm Warrants. (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 (1) [__] authorized but unissued shares of common stock of the Company (the “Common Stock”), par value $0.0001 per share (each, a “Firm Share,” and collectively, the “Firm Shares”), (2) pre-funded warrants (the “Pre-Funded Warrants”), in the form in the form attached hereto as Exhibit A, to purchase up to an aggregate of [__] shares of Common Stock, at an exercise price of $0.0001 per share (the “Pre-Funded Warrant Shares”), (3) Series A warrants (“Firm Series A Warrants”), in the form attached hereto as Exhibit B, to purchase [__] shares of Common Stock, at an exercise price of $[__] per share (the “Firm Series A Warrant Shares”) and (4) Series B warrants (“Firm Series B Warrants”), in the form attached hereto as Exhibit C, to purchase [__] shares of Common Stock, at an exercise price of $[__] per share (the “Firm Series B Warrant Shares”) . The Firm Shares, Pre-Funded Warrants, Pre-Funded Warrant Shares, Firm Series A Warrants, Firm Series A Warrant Shares, Firm Series B Warrants and Firm Series B Warrant Shares are collectively referred to as the “Firm Securities.” The Firm Shares and/or Pre-Funded Warrants and the Firm Series A Warrants and Firm Series B Warrants will be issued in a fixed combination of one Firm Share or Pre-Funded Warrant and (i) one Firm Series A Warrant one share of Common Stock and (ii) one Firm Series B Warrant to purchase one-half of a share of Common Stock. The Firm Shares and/or Pre-Funded Warrants and the Firm Series A Warrants and Firm Series B Warrants will be sold together but will be immediately separable and transferable upon issuance.
Nature and Purchase of Firm Shares and Firm Warrants. (A) 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 Underwriters an aggregate of [●] shares (“Firm Shares”) of Company common stock, par value $0.001 per share (the “Common Shares”) and [●] warrants to purchase [●] Common Shares at an exercise price of $[●] per share (the “Firm Warrants” and, collectively with the Firm Shares, the “Firm Securities”).
Nature and Purchase of Firm Shares and Firm Warrants. (A) 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 Underwriters an aggregate of 16,575,000 units (each a “Unit,” and collectively, the “Units”), each comprised of one share (the “Firm Shares”) of Company common stock, par value $0.001 per share (the “Common Shares”), and (ii) a Series C warrant to purchase one Common Share at an exercise price of $1.15 per share (the “Firm Warrants” and, collectively with the Firm Shares, the “Firm Securities”).
Nature and Purchase of Firm Shares and Firm Warrants. (A) 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 Underwriters an aggregate of [1,333,334] units (each a “Unit,” and collectively, the “Units”), each comprised of one share (the “Firm Shares”) of Company common stock, par value $0.001 per share (the “Common Shares”), (ii) a Series A warrant to purchase one Common Share at an exercise price of $[9.00] per share; and (iii) a Series B warrant to purchase one Common Share at an exercise price of $[11.25] per share (the Series A warrants and Series B warrants are collectively referred to as the “Firm Warrants” and, collectively with the Firm Shares, the “Firm Securities”).
Nature and Purchase of Firm Shares and Firm Warrants. (A) 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 Underwriters an aggregate of 2,400,000 units (each a “Unit,” and collectively, the “Units”), each comprised of one share (the “Firm Shares”) of Company common stock, par value $0.001 per share (the “Common Shares”), (ii) a Series A-1 warrant to purchase one Common Share at an exercise price of $3.19 per share; and (iii) a Series B-1 warrant to purchase one Common Share at an exercise price of $5.00 per share (the Series A-1 warrants and Series B-1 warrants are collectively referred to as the “Firm Warrants”). To the extent that the purchase of Firm Shares would cause the beneficial ownership of a purchaser in the Offering, together with its affiliates and certain related parties, to exceed 4.99% of the Common Shares, in lieu of the Firm Shares the Company agrees to issue the Underwriters, for delivery to such purchasers, the same number shares of the Company’s Series A Preferred Stock (the “Preferred Shares”), which is initially convertible on a 1-for-1 basis into Common Shares, in lieu of the Firm Shares. The Firm Shares or Preferred Shares, as applicable, and the Firm Warrants, as well as the Common Shares issuable upon exercise of the Warrants (the “Warrant Shares”) or conversion of the Preferred Shares, are hereinafter referred to together as the “Firm Securities.”
