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 4,353,000 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 two warrants to purchase one share of Common Stock each at an exercise price of $4.25 per share (100% of the public offering price per Firm Security in the Offering) (each, a “Warrant” and collectively, the “Warrants”), or an aggregate of 8,706,000 Warrants to purchase an aggregate of 8,706,000 shares of Common Stock (the “Firm Warrants” and together with the Firm Shares, the “Firm Securities”). The Firm Shares and the Firm Warrants will be separated 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 4,353,000 3,000,000 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 two warrants one warrant to purchase one share of Common Stock each at an exercise price of $4.25 5.16 per share (100125.0% of the public offering price per Firm Security in the Offering) (each, a “Warrant” and collectively, the “Warrants”), or an aggregate of 8,706,000 3,000,000 Warrants to purchase an aggregate of 8,706,000 3,000,000 shares of Common Stock (the “Firm Warrants” and together with the Firm Shares, the “Firm Securities”). The Firm Shares and the Firm Warrants will be separated 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 4,353,000 shares (each, a “Firm Share” and collectively, i) 645,161 Series A Units (the “Firm SharesSeries A Units”) ), each Firm Series A Unit consisting of one share of the Company’s common stock, par value $0.001 0.01 per share (the “Common Stock”). For every , and one Firm Share issued and sold by the Company, the Company shall issue and sell to the several Underwriters two warrants to purchase one share of Common Stock each at an exercise price of $4.25 per share (100% of the public offering price per Firm Security in the Offering) warrant (each, a “Warrant” and collectively, the “Warrants”), or an aggregate of 8,706,000 Warrants each warrant to purchase one (1) share of Common Stock at an aggregate exercise price of 8,706,000 shares $1.9375 per share and (ii) 9,000 Series B Units (the “Firm Series B Units”) each Firm Series B Unit consisting of one share of Series C Convertible Preferred Stock (the “Preferred Shares”) and 645.1613 Warrants, each Warrant to purchase one share of Common Stock (the each, a “Firm WarrantsSecurity” and together with the Firm Sharesand, collectively, the “Firm Securities”). The Firm Shares and securities comprising the Firm Warrants Securities will be separated 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 4,353,000 shares (each, a “Firm Share” and collectively, i)19,115,000 Series A Units (the “Firm SharesSeries A Units”) ), each Firm Series A Unit consisting of one share of the Company’s common stock, par value $0.001 0.01 per share (the “Common Stock”). For every , and one Firm Share issued and sold by the Company, the Company shall issue and sell to the several Underwriters two warrants to purchase one share of Common Stock each at an exercise price of $4.25 per share (100% of the public offering price per Firm Security in the Offering) warrant (each, a “Warrant” and collectively, the “Warrants”), or an aggregate of 8,706,000 Warrants each warrant to purchase an aggregate of 8,706,000 shares one share of Common Stock at an exercise price of $0.45 per share and (ii) 0 Series B Units (the “Firm Series B Units”), each Series B Unit consisting of one share of Series F Convertible Preferred Stock (the “Preferred Shares”) and 2222.2222 Warrants, each Warrant to purchase one share of Common Stock at an exercise price of $0.45 per share (each, a “Firm WarrantsSecurity” and together with the Firm Sharesand, collectively, the “Firm Securities”). The Firm Shares and securities comprising the Firm Warrants Securities will be separated 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 4,353,000 2,400,000 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 two warrants one warrant to purchase one share of Common Stock each at an exercise price of $4.25 5.50 per share (100110% of the public offering price per Firm Security Unit in the Offering) (each, a “Warrant” and collectively, the “Warrants”), or an aggregate of 8,706,000 Warrants to purchase an aggregate of 8,706,000 2,400,000 shares of Common Stock (the “Firm Warrants” and together with the Firm Shares, the “Firm Securities”). The Firm Shares and the Firm Warrants will shall be separated immediately upon issuancesold 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 to the several Underwriters, an aggregate of 4,353,000 3,855,422 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 two warrants one warrant to purchase one share of Common Stock each at an exercise price of $4.25 4.50 per share (100approximately 108.4% of the public offering price per Firm Security Share in the Offering) (each, a “Warrant” and collectively, the “Warrants”), or an aggregate of 8,706,000 3,855,422 Warrants to purchase an aggregate of 8,706,000 3,855,422 shares of Common Stock (the “Firm Warrants” and together with the Firm Shares, the “Firm Securities”). The Firm Shares and the Firm Warrants will shall be separated immediately upon issuancesold 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 to the several Underwriters, an aggregate of 4,353,000 2,500,000 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 two warrants one warrant to purchase one share of Common Stock each at an exercise price of $4.25 5.50 per share (100110% of the public offering price per Firm Security Share in the Offering) (each, a “Warrant” and collectively, the “Warrants”), or an aggregate of 8,706,000 Warrants to purchase an aggregate of 8,706,000 2,500,000 shares of Common Stock (the “Firm Warrants” and together with the Firm Shares, the “Firm Securities”). The Firm Shares and the Firm Warrants will shall be separated immediately upon issuancesold 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 to the several Underwriters, an aggregate of 4,353,000 shares (each, a “Firm Share” and collectively, i) 9,642,857 Series A Units (the “Firm SharesSeries A Units”) ), each Firm Series A Unit consisting of one share of the Company’s common stock, par value $0.001 0.01 per share (the “Common Stock”). For every , and one Firm Share issued and sold by the Company, the Company shall issue and sell to the several Underwriters two warrants to purchase one share of Common Stock each at an exercise price of $4.25 per share (100% of the public offering price per Firm Security in the Offering) warrant (each, a “Warrant” and collectively, the “Warrants”), or an aggregate of 8,706,000 Warrants each Warrant to purchase an aggregate of 8,706,000 shares 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 Warrants” Series A Units and together with the Firm SharesSeries B units (each, a “Firm Security” and, collectively, the “Firm Securities”). The Firm Shares and securities comprising the Firm Warrants Securities will be separated 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 4,353,000 3,000,000 shares (each, each a “Firm Share” and collectively, 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 two warrants one warrant to purchase one share of Common Stock each at an exercise price of $4.25 5.00 per share (100125.0% of the public offering price per Firm Security Share in the Offering) (each, a “Warrant” and collectively, the “Warrants”), or an aggregate of 8,706,000 3,000,0000 Warrants to purchase an aggregate of 8,706,000 3,000,000 shares of Common Stock (the “Firm Warrants” and together with the Firm Shares, the “Firm Securities,” and, each individually, a “Firm Security”). The Firm Shares and the Firm Warrants will be separated 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 4,353,000 6,667,000 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 two warrants one warrant to purchase one share of Common Stock each at an exercise price of $4.25 3.75 per share (100125.0% of the public offering price per Firm Security Share in the Offering) (each, a “Warrant” and collectively, the “Warrants”), or an aggregate of 8,706,000 6,667,000 Warrants to purchase an aggregate of 8,706,000 6,667,000 shares of Common Stock (the “Firm Warrants” and together with the Firm Shares, the “Firm Securities,” and, each individually, a “Firm Security”). The Firm Shares and the Firm Warrants will be separated immediately upon issuance.