Common use of Purchase of Firm Securities Clause in Contracts

Purchase of Firm Securities. 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, severally and not jointly, to the several Underwriters an aggregate of 2,800,000 shares of the Company’s common stock, par value $. per share (“Common Stock”) at a purchase price (net of discounts and commissions) of $ per share, and 2,800,000 Redeemable Common Stock Purchase Warrants (“Warrant(s)”) at a purchase price (net of discounts and commissions) of $. per Warrant. Each Warrant will entitle the holder thereof to purchase one share of Common Stock at a purchase price of $5.05 per share during the period beginning on the Effective Date (as hereinafter defined) and ending on the fifth anniversary of the Effective Date. The foregoing shares of Common Stock and Warrants are referred to herein as the “Firm Securities.” 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 I attached hereto and made a part hereof.

Purchase of Firm Securities. 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, severally and not jointly, to the several Underwriters an aggregate of 2,800,000 [ ] shares of the Company’s 's common stock, par value $. [.01] per share (“"Common Stock”) at a purchase price (net of discounts and commissions) of $ per share, and 2,800,000 Redeemable Common Stock Purchase Warrants (“Warrant(s)”") at a purchase price (net of discounts and commissions) of $. [ ] per share, and [ ] Redeemable Common Stock Purchase Warrants ("Warrant(s)") at a purchase price (net of discounts and commissions) of $[ ] per Warrant. Each Warrant will entitle the holder thereof to purchase one share of Common Stock at a purchase price of $5.05 [ ] per share during the period beginning on the Effective Date (as hereinafter defined) and ending on the fifth anniversary of the Effective Date. The foregoing shares of Common Stock and Warrants are referred to herein as the “"Firm Securities.” " 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 I attached hereto and made a part hereof.

Purchase of Firm Securities. 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, severally and not jointly, to the several Underwriters an aggregate of 2,800,000 1,200,000 shares of the Company’s 's common stock, par value $. .001 per share (“"Common Stock”) at a purchase price (net of discounts and commissions) of $ per share, and 2,800,000 Redeemable Common Stock Purchase Warrants (“Warrant(s)”") at a purchase price (net of discounts and commissions) of $. 4.646 per share, and 1,200,000 Redeemable Common Stock Purchase Warrants ("Warrant(s)") at a purchase price (net of discounts and commissions) of $.046 per Warrant. Each Warrant will entitle the holder thereof to purchase one share of Common Stock at a purchase price of $5.05 per share during the period beginning on the Effective Date (as hereinafter defined) and ending on the fifth anniversary of the Effective Date. The foregoing shares of Common Stock and Warrants are referred to herein as the “"Firm Securities.” " 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 I attached hereto and made a part hereof.

Purchase of Firm Securities. 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, severally and not jointly, to the several Underwriters an aggregate of 2,800,000 1,300,000 shares of the Company’s 's common stock, par value $. .001 per share (“"Common Stock”) at a purchase price (net of discounts and commissions) of $ per share, and 2,800,000 Redeemable Common Stock Purchase Warrants (“Warrant(s)”") at a purchase price (net of discounts and commissions) of $. 4.646 per share, and 1,300,000 Redeemable Common Stock Purchase Warrants ("Warrant(s)") at a purchase price (net of discounts and commissions) of $.046 per Warrant. Each Warrant will entitle the holder thereof to purchase one share of Common Stock at a purchase price of $5.05 per share during the period beginning on the Effective Date (as hereinafter defined) and ending on the fifth anniversary of the Effective Date. The foregoing shares of Common Stock and Warrants are referred to herein as the “"Firm Securities.” " 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 I attached hereto and made a part hereof.