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

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”).

Appears in 3 contracts

Samples: Underwriting Agreement (Digital Brands Group, Inc.), Underwriting Agreement (Digital Brands Group, Inc.), Underwriting Agreement (Digital Brands Group, Inc.)

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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, no 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 [__] (110115% 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”).

Appears in 2 contracts

Samples: Underwriting Agreement (Splash Beverage Group, Inc.), Underwriting Agreement (Splash Beverage Group, Inc.)

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”).

Appears in 1 contract

Samples: Underwriting Agreement (Alfi, Inc.)

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 2,409,639 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 2,409,639 shares of Common Stock each at an exercise price of $5.50 4.57 (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”).

Appears in 1 contract

Samples: Underwriting Agreement (Digital Brands Group, Inc.)

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 6,000,000 shares (the “Firm Shares”) of common stock of the Company’s common stock, par value $0.0001 0.01 per share (the “Common Stock”), together with and/or pre-funded 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 Pre-Funded Warrants,” and collectively together with the Common StockFirm Shares, the “Firm Securities”), with each Pre-Funded Warrant to purchase one share of Common Stock at an exercise price of $0.001 per share (the “Pre-Funded Warrant Shares”).

Appears in 1 contract

Samples: Underwriting Agreement (Sg Blocks, Inc.)

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 3,731,344 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 3,731,344 shares of Common Stock each at an exercise price of $5.50 4.57 (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”).

Appears in 1 contract

Samples: Underwriting Agreement (Alfi, Inc.)

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 up to 2,666,667 authorized but unissued shares (the “Firm Shares”) of common stock of the Company, par value $0.0001 0.00001 per share (the “Common Stock”), together with warrants to purchase an aggregate of 2,000,000 up to 2,666,667 shares of Common Stock each at an exercise price of $5.50 [ ] (110100% 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”).

Appears in 1 contract

Samples: Underwriting Agreement (SOBR Safe, Inc.)

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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’s common stock, par value $0.0001 0.001 per share (the “Common Stock”), together with ) and Common Stock purchase warrants to purchase up to an aggregate of 2,000,000 [•] shares of Common Stock each at an exercise price of $5.50 [•] per share (110125.0% 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 together with the Common StockFirm Shares, the “Firm Securities”).

Appears in 1 contract

Samples: Underwriting Agreement (Duos Technologies Group, Inc.)

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 2,530,121 authorized but unissued shares (the “Firm Shares”) of common stock of the Company, par value $0.0001 0.001 per share (the “Common Stock”), together with warrants to purchase an aggregate of 2,000,000 2,530,121 shares of Common Stock each at an exercise price of $5.50 5.1875 (110125% 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”).

Appears in 1 contract

Samples: Underwriting Agreement (American Rebel Holdings Inc)

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 up to 3,000,000 authorized but unissued shares (the “Firm Shares”) of common stock of the Company, par value $0.0001 0.00001 per share (the “Common Stock”), together with warrants to purchase an aggregate of 2,000,000 up to 3,000,000 shares of Common Stock each at an exercise price of $5.50 6.25 (110125% 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”).

Appears in 1 contract

Samples: Underwriting Agreement (SOBR Safe, Inc.)

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 ordinary shares (the “Firm Shares”) of common stock of the Company), par value $0.0001 0.09 per share (the “Common StockOrdinary Shares”), together with warrants to purchase an aggregate of 2,000,000 shares of Common Stock [●] Ordinary Shares each at an exercise price of $5.50 [●] (110125% 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 StockOrdinary Shares, the “Firm Securities”).

Appears in 1 contract

Samples: Underwriting Agreement (G Medical Innovations Holdings Ltd.)

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