Common use of Sale and Purchase of Preferred Stock and Warrants Clause in Contracts

Sale and Purchase of Preferred Stock and Warrants. (a) Upon the terms and subject to the conditions herein contained, the Company agrees to sell to each Initial Investor, and each Initial Investor severally agrees to purchase from the Company, at the Closing on the Closing Date, (i) the number of shares of Preferred Stock, and (ii) the First Warrants and the Second Warrants to purchase the number of shares of First Warrant Stock and Second Warrant Stock, in each case as set forth opposite its name on Annex A hereto, and each Initial Investor shall pay to the Company the Required Payment.

Sale and Purchase of Preferred Stock and Warrants. (a) Upon the terms and subject to the conditions herein contained, the Company agrees to sell to each Initial Investor, and each Initial Investor severally agrees to purchase from the Company, at the Initial Closing on the Initial Closing Date, (i) the number of shares of Preferred Stock, and (ii) the First Warrants and the Second Warrants to purchase the number of shares of First Warrant Stock and Second Warrant Stock, in each case as set forth opposite its name on Annex A heretohereto with respect to the Initial Closing, and each Initial Investor shall pay to the Company the Required Initial Payment.