Common use of The Firm Securities Clause in Contracts

The Firm Securities. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters an aggregate of 4,350,176 Firm Shares and 7,258,263 Pre-Funded Warrants. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company the respective number of Firm Securities set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $5.264 per share and the purchase price per Pre-Funded Warrant to be paid by the several Underwriters to the Company shall be $5.599.

The Firm Securities. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters an aggregate of 4,350,176 2,015,901 Firm Shares and 7,258,263 4,137,999 Pre-Funded Warrants. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company the respective number of Firm Securities set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $5.264 12.22 per share and the purchase price per Pre-Funded Warrant to be paid by the several Underwriters to the Company shall be $5.59912.219.

The Firm Securities. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters an aggregate of 4,350,176 8,275,00 Firm Shares and 7,258,263 an aggregate of 1,250,000 Pre-Funded Warrants. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company the respective number of Firm Securities Shares and Pre-Funded Warrants set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $5.264 19.74 per share and the purchase price per Pre-Funded Warrant to be paid by the several Underwriters to the Company shall be $5.59919.7399.

The Firm Securities. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters an aggregate of 4,350,176 18,750,000 Units, comprising the Firm Shares and 7,258,263 Pre-Funded WarrantsSecurities. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company the respective number of Units, comprising the Firm Securities Securities, set forth opposite their names on Schedule A. The purchase price per Firm Share Unit to be paid by the several Underwriters to the Company shall be $5.264 per share and the purchase price per Pre-Funded Warrant to be paid by the several Underwriters to the Company 0.564, which shall be allocated as to $5.5990.3948 per Share and $0.1692 per Warrant.

The Firm Securities. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters an aggregate of 4,350,176 8,461,542 Firm Shares and 7,258,263 an aggregate of 769,230 Pre-Funded Warrants. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company the respective number of Firm Securities set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $5.264 30.55 per share and the purchase price per Pre-Funded Warrant to be paid by the several Underwriters to the Company shall be $5.59930.5499.

The Firm Securities. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters an aggregate of 4,350,176 Firm 27,054,667 Shares and 7,258,263 an aggregate of 8,445,333 Pre-Funded Warrants. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company the respective number of Firm Securities set forth opposite their names on Schedule A. The purchase price per Firm Share Securities to be paid by the several Underwriters to the Company shall be $5.264 2.256 per share Share and the purchase price $2.2559 per Pre-Funded Warrant to be paid by the several Underwriters to the Company shall be $5.599Warrant.

The Firm Securities. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters an aggregate of 4,350,176 26,982,945 Firm Shares and 7,258,263 9,017,055 Pre-Funded Warrants. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company the respective number of Firm Securities set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $5.264 per share 2.35 and the purchase price per Pre-Funded Warrant to be paid by the several Underwriters to the Company shall be $5.5992.3499.

The Firm Securities. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters an aggregate of 4,350,176 7,590,909 Firm Shares and 7,258,263 909,091 Pre-Funded Warrants. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company the respective number of Firm Securities set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $5.264 5.17 per share and the purchase price per Pre-Funded Warrant to be paid by the several Underwriters to the Company shall be $5.5995.17.

The Firm Securities. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters an aggregate of 4,350,176 16,115,385 Firm Shares and 7,258,263 2,884,615 Pre-Funded Warrants. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company the respective number of Firm Securities set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $5.264 2.444 per share and the purchase price per Pre-Funded Warrant to be paid by the several Underwriters to the Company shall be $5.5992.443.

The Firm Securities. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters an aggregate of 4,350,176 887,891 Firm Shares and 7,258,263 an aggregate of 1,334,332 Pre-Funded Warrants. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company the respective number of Firm Securities set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $5.264 84.60 per share and the purchase price per Pre-Funded Warrant to be paid by the several Underwriters to the Company shall be $5.59984.59.

The Firm Securities. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters an aggregate of 4,350,176 4,421,053 Firm Shares and 7,258,263 Pre-Funded an aggregate of 257,310 Warrants. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company the respective number of Firm Securities Shares and Warrants set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $5.264 80.37 per share and the share. The purchase price per Pre-Funded Warrant to be paid by the several Underwriters to the Company shall be $5.59980.369 per Warrant.

The Firm Securities. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters an aggregate of 4,350,176 9,669,631 Firm Shares and 7,258,263 1,121,736 Pre-Funded Warrants. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company the respective number of Firm Securities set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $5.264 27.0216 per share share, and the purchase price per Pre-Funded Warrant to be paid by the several Underwriters to the Company shall be $5.59927.0206.

The Firm Securities. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters an aggregate of 4,350,176 2,750,000 Firm Shares and 7,258,263 421,650 Pre-Funded Warrants. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company the respective number of Firm Securities set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $5.264 36.519 per share and the purchase price per Pre-Funded Warrant to be paid by the several Underwriters to the Company shall be $5.59936.518.

The Firm Securities. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters an aggregate of 4,350,176 3,369,564 Firm Shares and 7,258,263 and1,630,436 Pre-Funded Warrants. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company the respective number of Firm Securities set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $5.264 $ 21.62 per share and the purchase price per Pre-Funded Warrant to be paid by the several Underwriters to the Company shall be $5.59921.619.

The Firm Securities. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters an aggregate of 4,350,176 Firm 2,141,900 Shares and 7,258,263 Pre-Funded 2,141,900 Warrants. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company the respective number of Firm Securities Shares and Warrants set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $5.264 per share and the purchase price per Pre-Funded accompanying Warrant to be paid by the several Underwriters to the Company shall be $5.5997.0218, which shall be allocated as $6.6928 per Share and $0.329 per Warrant.

The Firm Securities. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters an aggregate of 4,350,176 3,810,097 Firm Shares and 7,258,263 4,761,903 Pre-Funded Warrants. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company the respective number of Firm Securities Shares and Pre-Funded Warrants set forth opposite their names on Schedule A. The net purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $5.264 4.935 per share Firm Share and the net purchase price per Pre-Funded Warrant to be paid by the several Underwriters to the Company shall be $5.5994.925 per Pre-Funded Warrant.

The Firm Securities. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters an aggregate of 4,350,176 12,500,000 Firm Shares and 7,258,263 5,000,000 Pre-Funded Warrants. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company the respective number of Firm Securities set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $5.264 3.76 per share and the purchase price per Pre-Funded Warrant to be paid by the several Underwriters to the Company shall be $5.5993.7599.

The Firm Securities. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters an aggregate of 4,350,176 7,370,690 Firm Shares and 7,258,263 an aggregate of 1,250,000 Pre-Funded Warrants. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company the respective number of Firm Securities set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $5.264 5.9972 per share share, and the purchase price per Pre-Funded Warrant to be paid by the several Underwriters to the Company shall be $5.5995.99626.

The Firm Securities. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters an aggregate of 4,350,176 4,500,000 Firm Shares and 7,258,263 600,000 Pre-Funded Warrants. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company the respective number of Firm Securities set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $5.264 per share 11.045 and the purchase price per Pre-Funded Warrant to be paid by the several Underwriters to the Company shall be $5.59911.035.