Common use of Purchase of the Securities by the Underwriter Clause in Contracts

Purchase of the Securities by the Underwriter. (a) The Company agrees to issue and sell the Underwritten ADSs to the Underwriter as provided in this Agreement, and the Underwriter, on the basis of the representations, warranties and agreements set forth herein and subject to the conditions set forth herein, agrees, to purchase from the Company the Underwritten ADSs at a price per ADS (the “Purchase Price”) of $3.41. In addition, the Company agrees to issue and sell the Option ADSs to the Underwriter as provided in this Agreement, and the Underwriter, on the basis of the representations, warranties and agreements set forth herein and subject to the conditions set forth herein, shall have the option to purchase from the Company the Option ADSs at the Purchase Price less an amount per share equal to any dividends or distributions declared by the Company prior to the Option Closing Date and payable on the Underwritten Shares but not payable on the Option Shares. The Underwriter may exercise the option to purchase Option ADSs at any time in whole, or from time to time in part, on or before the thirtieth day following the date of this Agreement, by written notice to the Company. Such notice shall set forth the aggregate number of Option ADSs as to which the option is being exercised and the date and time when the Option ADSs are to be delivered and paid for, which may be the same date and time as the Closing Date (as hereinafter defined) but shall not be earlier than the Closing Date nor later than the tenth full business day (as hereinafter defined) after the date of such notice. Any such notice shall be given at least two business days prior to the date and time of delivery specified therein.

Purchase of the Securities by the Underwriter. (a) The Company agrees to issue and sell the Underwritten ADSs Securities to the Underwriter as provided in this Agreement, and the Underwriter, on the basis of the representations, warranties and agreements set forth herein and subject to the conditions set forth herein, agrees, agrees to purchase from the Company the principal amount of Underwritten ADSs Securities set forth opposite the Underwriter’s name in Schedule 1 hereto at a price per ADS equal to 97.875% of the principal amount thereof (the “Purchase Price”) of $3.41plus accrued interest, if any, from June 23, 2014 to the Closing Date (as defined below). In addition, the Company agrees to issue and sell the Option ADSs Securities to the Underwriter as provided in this Agreement, and the Underwriter, on the basis of the representations, warranties and agreements set forth herein and subject to the conditions set forth herein, shall have the option to purchase from the Company the Option ADSs Securities at the Purchase Price less an amount per share equal to any dividends or distributions declared by plus accrued interest, if any, from the Company prior Closing Date to the Option Closing Date date of payment and payable on the Underwritten Shares but not payable on the Option Sharesdelivery. The Underwriter may exercise the option to purchase the Option ADSs Securities at any time in whole, or from time to time in part, on or before the thirtieth day following the date of this Agreement, by written notice from the Underwriter to the Company, solely to cover over-allotments. Such notice shall set forth the aggregate number amount of Option ADSs Securities as to which the option is being exercised and the date and time when the Option ADSs Securities are to be delivered and paid for, for which may be the same date and time as the Closing Date (as hereinafter defined) but shall not be earlier than the Closing Date nor later than the tenth full business day (as hereinafter defined) after the date of such notice. Any such notice shall be given at least two business days Business Days prior to the date and time of delivery specified therein.

Purchase of the Securities by the Underwriter. (a) The Company agrees to issue and sell the Underwritten ADSs Shares and Underwritten Warrants to the Underwriter as provided in this underwriting agreement (this “Agreement”), and the Underwriter, on the basis of the representations, warranties and agreements set forth herein and subject to the conditions set forth herein, agrees, agrees to purchase at a combined purchase price for each Underwritten Share and Underwritten Warrant of $15.04 per unit, which shall be allocated as $15.03 per share of Common Stock (the “Per Share Purchase Price”) and $0.01 per Warrant (the “Per Warrant Purchase Price”) from the Company the Underwritten ADSs at a price per ADS (respective number of Securities set forth opposite the “Purchase Price”) of $3.41Underwriter’s name in Schedule 1 hereto. In addition, the Company agrees to issue and sell the Option ADSs Shares and Option Warrants to the Underwriter as provided in this Agreement, and the Underwriter, on the basis of the representations, warranties and agreements set forth herein and subject to the conditions set forth herein, shall have the option to purchase from the Company the Option ADSs Shares and Option Warrants at the Per Share Purchase Price and the Per Warrant Purchase Price, respectively, less an amount per share equal to any dividends or distributions declared by the Company prior to the Option Closing Date and payable on the Underwritten Shares and Underwritten Warrants but not payable on the Option SharesShares and Option Warrants, respectively. The Underwriter may exercise the option to purchase Option ADSs Shares and Option Warrants at any time in whole, or from time to time in part, on or before the thirtieth 30th day following the date of this Agreementthe Prospectus, by written notice from the Underwriter to the Company. Such notice shall set forth the aggregate number of Option ADSs Shares and Option Warrants as to which the option is being exercised and the date and time when the Option ADSs Shares and Option Warrants are to be delivered and paid for, which may be the same date and time as the Closing Date (as hereinafter defined) but shall not be earlier than the Closing Date nor later than the tenth 10th full business day (as hereinafter defined) after the date of such noticenotice (unless such time and date are postponed in accordance with the provisions of Section 10 hereof). Any such notice shall be given at least two business days prior to the date and time of delivery specified therein.

Purchase of the Securities by the Underwriter. (a) The Company agrees to issue and sell the Underwritten ADSs Securities to the Underwriter as provided upon the terms set forth in this Agreement, and the Underwriter, on . On the basis of the representations, warranties and agreements set forth herein and subject to the conditions set forth herein, agrees, the Underwriter agrees to purchase from the Company the Underwritten ADSs aggregate principal amount of the Securities set forth opposite the Underwriter’s name in Schedule II hereto at a purchase price per ADS of 99% of the principal amount thereof (the “Purchase Price”) ), payable on the Closing Date. The Company understands that the Underwriter proposes to make a public offering of $3.41the Securities as soon as the Underwriter deems advisable after this Agreement has been executed and delivered, and initially to offer the Securities on the terms set forth in the Pricing Disclosure Package. In additionThe Company acknowledges and agrees that the Underwriter may offer and sell Securities to or through any affiliate of the Underwriter. Payment for the Securities shall be made by wire transfer in immediately available funds to the account specified by the Company to the Underwriter at 10:00 a.m., Eastern time, on June 23, 2016, or at such other time on the same or such other date, not later than the fifth business day thereafter, as the Underwriter and the Company may agree upon in writing. The time and date of such payment for the Securities is referred to herein as the “Closing Date.” On or prior to the Closing Date, the Company agrees and the Underwriter shall deliver to issue each other the certificates, instruments and sell documents specified in this Agreement. All such documents other than the Option ADSs certificates for the Securities may be executed and delivered electronically in pdf format or by facsimile transmission, and all such electronically delivered documents shall be deemed delivered as if executed manually and physically delivered to the other party by the party transmitting such documents by electronic means. Payment for the Securities to be purchased on the Closing Date shall be made against delivery to the Underwriter of the Securities to be purchased on such date in such names and in such denominations as provided the Underwriter shall request in writing not later than two full business days prior to the Closing Date with any transfer taxes payable in connection with the initial sale of the Securities pursuant to this Agreement, if any, duly paid by the Company. Delivery of the Securities shall be made through the facilities of The Depository Trust Company (“DTC”) unless the Underwriter shall otherwise instruct. The certificates for the Securities will be made available for inspection and packaging by the Underwriter at the office of DTC or its designated custodian not later than 1:00 p.m., Eastern time, on the business day prior to the Closing Date. Securities issued in book-entry form shall be issued to Cede & Co. as nominee of DTC pursuant to the blanket issuer letter of representations (the “DTC Agreement”), between the Company and DTC. The Company acknowledges and agrees that (i) the purchase and sale of the Securities pursuant to this Agreement, including the determination of the public offering price of the Securities and any related discounts and commissions, is an arm’s-length commercial transaction between the Company, on the one hand, and the Underwriter, on the basis other hand, (ii) in connection with the offering contemplated hereby and the process leading to such transaction, the Underwriter is and has been acting solely as a principal and is not the agent or fiduciary of the representationsCompany, warranties or any of the Company’s shareholders, creditors, employees or any other third party, (iii) the Underwriter has not assumed or will not assume an advisory or fiduciary responsibility in favor of the Company with respect to the offering contemplated hereby or the process leading thereto (irrespective of whether the Underwriter has advised or is currently advising the Company on other matters) and agreements no Underwriter has any obligation to the Company with respect to the offering contemplated hereby except the obligations expressly set forth herein and subject to the conditions set forth herein, shall have the option to purchase from the Company the Option ADSs at the Purchase Price less an amount per share equal to any dividends or distributions declared by the Company prior to the Option Closing Date and payable on the Underwritten Shares but not payable on the Option Shares. The Underwriter may exercise the option to purchase Option ADSs at any time in whole, or from time to time in part, on or before the thirtieth day following the date of this Agreement, by written notice (iv) the Underwriter and its affiliates may be engaged in a broad range of transactions that involve interests that differ from those of the Company, and (v) the Underwriter has not provided any legal, accounting, regulatory or tax advice with respect to the Company. Such notice shall set forth the aggregate number of Option ADSs as to which the option is being exercised offering contemplated hereby and the date Company has consulted its own legal, accounting, regulatory and time when tax advisors to the Option ADSs are extent it deemed appropriate. The Company shall be responsible for making its own independent investigation and appraisal of the transactions contemplated hereby, and the Underwriter shall have no responsibility or liability to the Company with respect thereto. Any review by the Underwriter of the Company, the transactions contemplated hereby or other matters relating to such transactions will be delivered performed solely for the benefit of the Underwriter and paid for, which may be the same date and time as the Closing Date (as hereinafter defined) but shall not be earlier than on behalf of the Closing Date nor later than the tenth full business day (as hereinafter defined) after the date of such notice. Any such notice shall be given at least two business days prior to the date and time of delivery specified thereinCompany.