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 [*] shares (the “Firm Shares”) of the Company’s common stock, par value $0.005 per share (the “Common Stock”), and an aggregate of [*] pre-funded warrants (the “Pre-Funded Warrants”) in the form filed as an exhibit to the Registration Statement (as hereinafter defined) (the “Pre-Funded Warrant Agreement”) exercisable into an aggregate of [*] shares of Common Stock (the “Pre-Funded Warrant Shares”). The Firm Shares and the Pre-Funded 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 $[*] per share of Common Stock and $[*] per Pre-Funded 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 [*] shares (the “Firm Shares”) of the Company’s common stock, par value $0.005 0.001 per share (the “Common Stock”), and an aggregate of [*] pre-funded warrants (the “Pre-Funded Warrants”) in the form filed as an exhibit to the Registration Statement (as hereinafter defined) (the “Pre-Funded Warrant Agreement”) exercisable into an aggregate of [*] shares of Common Stock (the “Pre-Funded Warrant Shares”). The Firm Shares and the Pre-Funded 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 $[*] per share of Common Stock (93% of the per Firm Share offering price) and $[*] per Pre-Funded WarrantWarrant (93% of the per Pre-Funded Warrant 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 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 $0.005 0.001 per share (the “Common Stock”), and an aggregate of [*] pre-funded warrants (the “Pre-Funded Warrants”) in the form filed as an exhibit to the Registration Statement (as hereinafter defined) (the “Pre-Funded Warrant Agreement”) exercisable into an aggregate of [*] shares of Common Stock (the “Pre-Funded Warrant Shares”). The Firm Shares and the Pre-Funded 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 $[*] per share of Common Stock (92.5% of the per Firm Share offering price) and $[*] per Pre-Funded WarrantWarrant (92.5% of the per Pre-Funded Warrant 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 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 [*] 5,000,000 shares (the “Firm Shares”) of the Company’s common stock, par value $0.005 0.001 per share (the “Common Stock”), ) and an aggregate of [*] pre-funded (b) Common Stock purchase warrants (the “Pre-Funded 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 “Pre-Funded Warrant Agreement”) exercisable into to purchase up to an aggregate of [*] 2,500,000 shares of Common Stock (the “Pre-Funded Warrant Shares”), which shall have an exercise price of $2.20. The Firm Shares and the Pre-Funded 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 $[*] 1.85907 per share of Common Stock (93% of the per Firm Share offering price) and of $[*] 0.00093 per Pre-Funded 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).