Nature and Purchase of Firm 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 Underwriter, an aggregate of _______ Million (____,000,000) shares (the “Firm Shares”) of common stock of the Company, par value $0.01 per share (the “Common Stock”).
Nature and Purchase of Firm Securities. (A) 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 (each, a “Firm Share” and collectively, the “Firm Shares”) of the Company’s common stock, par value $0.001 per share (the “Common Stock”). For every one Firm Share issued and sold by the Company, the Company shall issue and sell to the several Underwriters one warrant to purchase one share of Common Stock each at an exercise price of $[●] per share (the public offering price per Firm Share in the Offering plus $1.00) (each, a “Warrant” and collectively, the “Warrants”), or an aggregate of [●] Warrants to purchase an aggregate of [●] shares of Common Stock (the “Firm Warrants” and together with the Firm Shares, the “Firm Securities”). The Firm Shares and Firm Warrants shall be sold as a unit (a “Firm Unit”), consisting of one Firm Share and one Firm Warrant.
Nature and Purchase of Firm 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, severally and not jointly, to the several Underwriters, an aggregate of 3,000,000 units (“Firm Units”) of the Company.
Nature and Purchase of Firm 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 2,000,000 authorized but unissued shares (the “Firm Shares”) of common stock of the Company, par value $0.0001 per share (the “Common Stock”), together with warrants to purchase an aggregate of 2,000,000 shares of Common Stock each at an exercise price of $5.50 (110% of the public offering price per Firm Share in the Offering), in the form filed as an exhibit to the Registration Statement (as hereinafter defined) (the “Firm Warrants,” and collectively with the Common Stock, the “Firm Securities”).
Nature and Purchase of Firm 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 29,382,861 shares (“Firm Shares”) of the Company’s common stock, $0.0001 par value (the “Common Stock”), (b) Common Stock purchase warrants (the “Firm Common Warrants”) in the form filed as an exhibit to the Registration Statement to purchase up to an aggregate of 43,478,261 shares of Common Stock (the “Common Warrant Shares”), which shall have an exercise price of $0.23 (subject to adjustment as provided in the Firm Warrants), and (c) Common Stock purchase warrants (the “Firm Pre-Funded Warrants”) and together with the Firm Common Warrants, the “Firm Warrants”) in the form filed as an exhibit to the Registration Statement to purchase up to an aggregate of 14,095,400 shares of Common Stock (the “Pre-Funded Warrant Shares” and together with the Common Warrant Shares, the “Warrant Shares”), which shall have an exercise price of $0.0001 (subject to adjustment as provided in the Firm Pre-Funded Warrants). The Firm Shares and the Firm Warrants are referred to herein as the “Firm Securities.” The Firm Shares and the Firm Warrants shall be sold together as a fixed combination, each consisting of (i) one Firm Share and (ii) one Firm Warrant to purchase one share of Common Stock, with each combination consisting of one Firm Share and one Firm Warrant to purchase one share of Common Stock being referred to herein as a “Unit.” The Firm Pre-Funded Warrants and Firm Warrants shall be sold together as a fixed combination consisting of one Firm Pre-Funded Warrant and one Firm Warrant to purchase one share of Common Stock being referred to herein as a “Pre-Funded Unit”.
Nature and Purchase of Firm 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 (“Firm Shares”) of the Company’s common stock, par value $0.001 per share (the “Common Stock”). For each Firm Share issued and sold by the Company, the Company shall issue and sell to the several Underwriters one (1) warrant to purchase [ ] ([ ]) share[s] of Common Stock at an exercise price of $[ ] per share (each, a “Warrant”) or an aggregate of [ ] ([ ]) Warrants to purchase an aggregate of [ ] shares of Common Stock (the “Firm Warrants”) (each of the Firm Shares and the Firm Warrants, a “Firm Security” and, collectively, the “Firm Securities”).
Nature and Purchase of Firm 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 sell to the Underwriter, an aggregate of [●] units (the “Units”), each consisting of (i) one (1) share of the Company’s common stock (each, a “Firm Share” and collectively, the “Firm Shares”), par value $0.0001 per share (the “Common Stock”) or a pre-funded warrant to purchase one share of Common Stock (each a “Pre-funded Warrant” and collectively, the “Pre-funded Warrants”) in lieu thereof, (ii) one-tenth (1/10) of a Series A common warrant to purchase one (1) share of Common Stock (the “Series A Warrant”) and (iii) one-tenth (1/10) of a Series B common warrant to purchase one (1) share of Common Stock (the “Series B Warrant” and, each of the Series A Warrant and Series B Warrant, a “Common Warrant,” and collectively, the “Common Warrants”). The Firm Shares, the Pre-funded Warrants, and the Common Warrants are referred to as the “Firm Securities.”
Nature and Purchase of Firm 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 (i) 9,642,857 Series A Units (the “Firm Series A Units”), each Firm Series A Unit consisting of one share of the Company’s common stock, par value $0.01 per share (the “Common Stock”), and one warrant (each, a “Warrant” and collectively, the “Warrants”), each Warrant to purchase one share of Common Stock at an exercise price of $0.875 per share and (ii) 750 Series B Units (the “Firm Series B Units”), each Firm Series B unit consisting of one share of Series A Convertible Preferred Stock (the “Preferred Shares”) and 1,429 Warrants, each Warrant to purchase one share of common stock. The Firm Series A Units and the Firm Series B units (each, a “Firm Security” and, collectively, the “Firm Securities”). The securities comprising the Firm Securities will be separately transferable immediately upon issuance.
Nature and Purchase of Firm 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 (“Firm Shares”) of the Company’s common stock, par value $0.01per share (the “Common Stock”), together with Common Stock purchase warrants (the “Warrants”) to purchase up to an aggregate of [•] shares of Common Stock (“Firm Warrants” and together with the Firm Shares, the “Firm Securities”).
Nature and Purchase of Firm 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 (each a “Firm Share”, and in the aggregate, the “Firm Shares”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”), an aggregate of [●] pre-funded warrants (each, a “Firm Pre-Funded Warrant”, and in the aggregate, the “Firm Pre-Funded Warrants”) to purchase share of Common Stock, at an exercise price of $0.01 per Firm Pre-Funded Warrant, until such time as the Firm Pre-Funded Warrant is exercised in full, subject to adjustment as provided in the Firm Pre-Funded Warrant Certificate (as defined in Section 1.2.1), and an aggregate of [●] warrants (each, a “Firm Warrant”, and in the aggregate, the “Firm Warrants”; the Firm Shares, Firm Pre-Funded Warrants and the Firm Warrants, the “Firm Securities”) to purchase shares of Common Stock at an exercise price of $[●] per Firm Warrant, for a period of five (5) years, subject to adjustment as provided in the Warrant Agreement (as defined in Section 1.2.1).
