Common use of Nature and Purchase of Firm Securities Clause in Contracts

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. (Ai) 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, no par value $0.001 per share (the “Common Stock”), including rights to purchase shares of Series A Junior Participating Cumulative Preferred Stock of the Company, which are attached to all shares of Common Stock (collectively, “Firm Shares”). For every one each Firm Share issued and sold by the Company, the Company shall issue and sell to the several Underwriters one warrant to purchase [one (1)] 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” ”). The Firm Shares and together with the Firm SharesWarrants may be purchased separately and will be separately tradable immediately upon issuance (each, a “Firm Security” and, collectively, 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. (Ai) 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 0.025 per share (the “Common Stock”). For every one [one] Firm Share issued and sold by the Company, the Company shall issue and sell to the several Underwriters one [one] warrant to purchase one [one] share of Common Stock each at an exercise price of $[●] per share (125.0% of the public offering price per Firm Share in the Offering plus $1.00Offering) (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 the Firm Warrants shall will be sold as a unit (a “Firm Unit”), consisting of one Firm Share and one Firm Warrantseparated immediately upon issuance.

Nature and Purchase of Firm Securities. (Ai) 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 0.0001 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 (125% of the public offering price per Firm Share in the Offering plus $1.00Offering) (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. (Ai) 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, Underwriter an aggregate of [●•] shares (each, 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 Underwriter one warrant to purchase one share of Common Stock each at an exercise price of $[●•] per share ([•]% of the public offering price per Firm Share set forth on the cover page of the Prospectus (as defined in the Offering plus $1.00Section 2.1.1(ii) hereof), or an aggregate of [•] warrants to purchase an aggregate of [•] shares of Common Stock (each, each a “Firm Warrant” and collectively, the “Firm Warrants”), or an aggregate of [●] Warrants . Each combined Firm Share and Firm Warrant is referred to purchase an aggregate of [●] shares of Common Stock (the herein individually as a “Firm WarrantsSecurity” and together with the Firm Shares, Shares and Firm Warrants are referred to collectively herein as the “Firm Securities”). .” The Firm Shares and Firm Warrants shall will be sold as a unit (a “Firm Unit”), consisting of one Firm Share and one Firm Warrantseparated immediately upon issuance.

Nature and Purchase of Firm Securities. (Ai) 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 0.0001 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 (100% of the public offering price per Firm Share in the Offering plus $1.00Offering) (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. (Ai) 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 [●] 10,000,000 shares (each, a “Firm Share” and collectively, the “Firm Shares”) of the Company’s common stockshares, without par value $0.001 per share (the “Common StockShares”). For every one , (b) Common Share purchase warrants (the “Firm Share issued and sold by Warrants”) in the Company, the Company shall issue and sell form filed as an exhibit to the several Underwriters one warrant Registration Statement to purchase one share up to an aggregate of 5,000,000 Common Stock each at Shares (the “Warrant Shares”), which shall have an exercise price of $[●] per share 3.75 (the public offering price per Firm Share subject to adjustment as provided 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 the Warrants are referred to herein as the “Firm Securities.” The Firm Shares and the Firm Warrants shall be sold together as a unit fixed combination, each consisting of (a “i) one Firm Unit”)Share and (ii) one-half of one Firm Warrant to purchase one Common Share, with each combination consisting of one Firm Share and one-half of one Firm WarrantWarrant to purchase one Common Share being referred to herein as a “Unit.”

Nature and Purchase of Firm Securities. (Ai) 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 [●__] shares (each, a “Firm Share” and collectively, the “Firm Shares”) of the Company’s common stock, $0.001 par value $0.001 per share (the “Common Stock”). For every one , (b) Common Stock purchase warrants (the “Firm Share issued and sold by Warrants”) in the Company, the Company shall issue and sell form filed as an exhibit to the several Underwriters one warrant Registration Statement 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 up to an aggregate of [●] Warrants to purchase an aggregate of [●__] shares of Common Stock (the “Warrant Shares”), which shall have an exercise price of $[__] (subject to adjustment as provided in the Firm Warrants” and together with the Firm Shares, the “Firm Securities”). The Firm Shares and the Warrants are referred to herein as the “Firm Securities.” The Firm Shares and the Firm Warrants shall be sold together as a unit fixed combination, each consisting of (a “i) one Firm Unit”)Share and (ii) [_____] Firm Warrant to purchase one share of Common Stock, with each combination consisting of one Firm Share and [_____] Firm Warrant to purchase one Firm Warrantshare of Common Stock being referred to herein as a “Unit.”

Nature and Purchase of Firm Securities. (Ai) 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 0.00001 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 (____% of the public offering price per Firm Share in the Offering plus $1.00Offering) (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. (Ai) 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 (____% of the public offering price per Firm Share in the Offering plus $1.00Offering) (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 together as a unit (each a “Firm Unit” and collectively the “Firm Units”), consisting of one Firm Share and one Firm Warrant. The Firm Shares and the Firm Warrants will be separated immediately upon issuance.

Nature and Purchase of Firm Securities. (Ai) 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, Underwriters an aggregate of [●•] shares (each, a “Firm Share” and collectively, the “Firm Shares”) of the Company’s common stock, par value $0.001 0.01 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 (125.0% of the public offering price per Firm Share in the Offering plus $1.00Offering) (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 the Firm Warrants shall will be sold as a unit (a “Firm Unit”), consisting of one Firm Share purchased separately and one Firm Warrantwill be separately tradable immediately upon issuance.

Nature and Purchase of Firm Securities. (Ai) 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 0.0001 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 (110% of the public offering price per Firm Share in the Offering plus $1.00Offering) (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. (Ai) 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 0.0001 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 (125% of the public offering price per Firm Share in the Offering plus $1.00Offering) (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. (Ai) 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 two warrants to purchase one share of Common Stock each at an exercise price of $[●•] per share (115% of the public offering price per Firm Share Security in the Offering plus $1.00Offering) (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 the Firm Warrants shall will be sold as a unit (a “Firm Unit”), consisting of one Firm Share and one Firm Warrantseparated immediately upon issuance.

Nature and Purchase of Firm Securities. (Ai) 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 (150.0% of the public offering price per Firm Share Security in the Offering plus $1.00Offering) (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 the Firm Warrants shall will be sold as a unit (a “Firm Unit”), consisting of one Firm Share and one Firm Warrantseparated immediately upon issuance.

Nature and Purchase of Firm Securities. (Ai) 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 0.025 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 (125.0% of the public offering price per Firm Share in the Offering plus $1.00Offering) (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 the Firm Warrants shall will be sold as a unit (a “Firm Unit”), consisting of one Firm Share purchased separately and one Firm Warrantwill be separately tradable immediately upon issuance.

Nature and Purchase of Firm Securities. (Ai) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees and the Selling Stockholders agree, severally and not jointly, to issue and sell to the several Underwriters, an aggregate of [●•] shares (each, a “Firm Share” and collectively, the “Firm Shares”) of the CompanyCCC’s common stock, par value $0.001 per share (the ““ Common Stock”). For every one Firm Share issued and sold by the CompanyCompany and the Selling Stockholders, the Company shall issue and sell to the several Underwriters one warrant to purchase one one-half share of Common Stock each at an exercise price of $[●•] per whole share ([140.0% of the public offering price per Firm Share share of Common Stock in the Offering plus $1.00) Offering] (each, a “Warrant” and collectively, the “Warrants”), or an aggregate of [●•] Warrants to purchase an aggregate of [●•] shares of Common Stock (the “Firm Warrants”). The Firm Shares and the Firm Warrants will be purchased separately and will be separately tradable immediately upon the issuance (each, a “Firm Security” and together with the Firm Sharescollectively, 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. (Ai) 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 (100% of the public offering price per Firm Share in the Offering plus $1.00Offering) (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.