Common use of Nature and Purchase of Securities Clause in Contracts

Nature and Purchase of 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 26,666,666 shares (the “Firm Shares”) of the Company’s common stock, par value $0.001 per share (the “Common Stock”), together with Common Stock purchase warrants (the “Firm Warrants”) to purchase up to an aggregate of 13,333,333 shares of Common Stock (the “Warrant Shares”), which shall have an exercise price of $0.35 per share, subject to adjustment as provided in the Warrant Agreement (the “Warrant Agreement”). The Firm Shares and the Firm Warrants are referred to herein as the “Firm Securities.” (ii) The Underwriters, severally and not jointly, agree to purchase from the Company the number of Firm Securities set forth opposite their respective names on Schedule 1 attached hereto and made a part hereof at a purchase price of $0.279565 per share of Common Stock (93.5% of the per Firm Share offering price) and $0.000935 per Firm Warrant. 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 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, (a) an aggregate of 26,666,666 5,000,000 shares (the “Firm Shares”) of the Company’s common stock, par value $0.001 per share (the “Common Stock”), together with ) and (b) Common Stock purchase warrants (the “Firm Warrants” and together with the Option Warrants (as hereinafter defined), the “Warrants”) in the form filed as an exhibit to the Registration Statement (as hereinafter defined) (the “Warrant Agreement”) to purchase up to an aggregate of 13,333,333 2,500,000 shares of Common Stock (the “Warrant Shares”), which shall have an exercise price of $0.35 per share, subject to adjustment as provided in the Warrant Agreement (the “Warrant Agreement”)2.20. The Firm Shares and the Firm Warrants are referred to herein as the “Firm Securities.” (ii) The Underwriters, severally and not jointly, agree to purchase from the Company the number of Firm Securities set forth opposite their respective names on Schedule 1 attached hereto and made a part hereof at a purchase price of $0.279565 1.85907 per share of Common Stock (93.593% of the per Firm Share offering price) and of $0.000935 0.00093 per Firm Warrant. 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 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 26,666,666 20,000,000 shares (the “Firm Shares”) of the Company’s common stock, par value $0.001 0.01 per share (the “Common Stock”), together with Common Stock purchase warrants (the “Firm Warrants”) to purchase up to an aggregate of 13,333,333 20,000,000 shares of Common Stock (the “Warrant Shares”)Stock, which shall have an exercise price of $0.35 0.55 per share, subject to adjustment as provided for in the Warrant Agreement (the “Warrant Agreement”)form of warrant. The Firm Shares and the Firm Warrants are referred to herein as the “Firm Securities.”” The Firm Shares and the Firm Warrants shall be issued separately and shall be immediately transferable separately upon issuance. (ii) The Underwriters, severally and not jointly, agree to purchase from the Company the number of Firm Securities set forth opposite their respective names on Schedule 1 attached hereto and made a part hereof at a purchase price of $0.279565 0.4675 per share of Common Stock (93.5% of the per Firm Share public offering price) and $0.000935 per accompanying Firm Warrant. The Firm Securities are to be offered initially to the public at the combined offering price prices set forth on the cover page of the Prospectus (as defined in Section 2.1.1 hereof2.1.1).

Nature and Purchase of 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, (a) an aggregate of 26,666,666 4,000,000 shares (the “Firm Shares”) of the Company’s common stock, par value $0.001 0.0001 per share (the “Common Stock”), together with Stock”)and (b) Common Stock purchase warrants (the “Firm Warrants” and together with the Option Warrants (as hereinafter defined), the “Warrant Agreement”) to purchase up to an aggregate of 13,333,333 2,000,000 shares of Common Stock (the “Warrant Shares”), which shall have an exercise price of $0.35 per share, subject to adjustment as provided in the Warrant Agreement (the “Warrant Agreement”)3.30. The Firm Shares and the Firm Warrants are referred to herein as the “Firm Securities.” (ii) The Underwriters, severally and not jointly, agree to purchase from the Company the number of Firm Securities set forth opposite their respective names on Schedule 1 attached hereto and made a part hereof at a hereof. The purchase price of $0.279565 per share of Common Stock (93.5% of the per for one Firm Share offering price) shall be $2.78907 and the purchase price for one Firm Warrant shall be $0.000935 per Firm Warrant0.00093. 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).