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 [•] shares (the “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 [•] 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”). The Firm Shares and the Firm Warrants may be purchased separately and will be separately tradable immediately upon the issuance (each, a “Firm Security”) and collectively, the “Firm Securities”).

Appears in 2 contracts

Samples: Underwriting Agreement (Vuzix Corp), Underwriting Agreement (Vuzix Corp)

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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 [•] shares (the “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”). The ) (each of the Firm Shares and the Firm Warrants may be purchased separately and will be separately tradable immediately upon the issuance (eachWarrants, a “Firm Security”) and ” and, collectively, the “Firm Securities”).

Appears in 2 contracts

Samples: Underwriting Agreement (NephroGenex, Inc.), Underwriting Agreement (NephroGenex, 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 [•] shares (the “Firm Shares”) of the Company’s common stock, par value $0.001 per share (the “Common Stock”). For each every two Firm Share Shares issued and sold by the Company, the Company shall issue and sell to the several Underwriters [•] one warrant to purchase [•] share[s] one share of Common Stock at an exercise price of $[•] per share [125.0% of the public offering price per share of Common Stock at the Offering] (each, a “Warrant”), or an aggregate of [•] ([•]) Warrants to purchase an aggregate of [•] ([•]) shares of Common Stock (the “Firm Warrants”). The Firm Shares and the Firm Warrants may be purchased separately and will be separately tradable immediately upon the issuance (each, a “Firm Security”) and collectively, the “Firm Securities”).

Appears in 1 contract

Samples: Underwriting Agreement (Micronet Enertec Technologies, 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 [•] shares (the “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 warrant to purchase [•] share[s] one-half (1/2) of one share 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”). The Firm Shares and the Firm Warrants may be purchased separately and will be separately tradable immediately upon the issuance (each, a “Firm Security”) and collectively, the “Firm Securities”).

Appears in 1 contract

Samples: Underwriting Agreement (Northwest Biotherapeutics 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 [•] shares (the “Firm Shares”) of the Company’s common stock, par value $0.001 per share (the Common StockStock ”). For each every two Firm Share Shares issued and sold by the Company, the Company shall issue and sell to the several Underwriters [•] one warrant to purchase [•] share[s] one share of Common Stock at an exercise price of $[•] per share [125.0% of the public offering price per share of Common Stock in the Offering] (each, a “Warrant”), or an aggregate of [•] ([•]) Warrants to purchase an aggregate of [•] ([•]) shares of Common Stock (the “Firm Warrants”). The Firm Shares and the Firm Warrants may will be purchased separately and will be separately tradable immediately upon the issuance (each, a “Firm Security”) and collectively, the “Firm Securities”).

Appears in 1 contract

Samples: Underwriting Agreement (Advaxis, 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 [] shares (the “Firm Shares”) of the Company’s common stock, par value $0.001 0.01 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 warrant to purchase [•] share[s] one (1) share 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”). The ) each of the Firm Shares and the Firm Warrants may will be purchased separately and will be separately tradable immediately upon the issuance (each, a “Firm Security”) and ” and, collectively, the “Firm Securities”).

Appears in 1 contract

Samples: Underwriting Agreement (Eyegate Pharmaceuticals 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 [•] shares (the “Firm Shares”) of the CompanyCCC’s common stock, par value $0.001 per share (the Common StockStock ”). For each every one Firm Share issued and sold by the Company, the Company shall issue and sell to the several Underwriters [•] one warrant to purchase [•] share[s] one-half share of Common Stock at an exercise price of $[•] per whole share [140.0% of the public offering price per share of Common Stock in the Offering] (each, a “Warrant”), or an aggregate of [•] ([•]) Warrants to purchase an aggregate of [•] ([•]) shares of Common Stock (the “Firm Warrants”). The Firm Shares and the Firm Warrants may will be purchased separately and will be separately tradable immediately upon the issuance (each, a “Firm Security”) and collectively, the “Firm Securities”).

Appears in 1 contract

Samples: Underwriting Agreement (China Commercial Credit 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 [•] shares (the “Firm Shares”) of the Company’s common stock, par value $0.001 .0001 per share (the “Common Stock”). For each Firm Share issued and sold by the Company, the The Company shall issue and sell to the several Underwriters [•] one warrant to purchase [•] share[s] one (1) share 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 Stock, which represents fifty percent (50%) of the aggregate amount of Firm Shares issued and sold by the Company (the “Firm Warrants”). The Firm Shares and the Firm Warrants may will be purchased separately and will be separately tradable immediately upon the issuance (each, a “Firm Security”) and ” and, collectively, the “Firm Securities”).

Appears in 1 contract

Samples: Underwriting Agreement (Intercloud Systems, Inc.)

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