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 (“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”).

Appears in 3 contracts

Samples: Underwriting Agreement (CollabRx, Inc.), Underwriting Agreement (Plasmatech Biopharmaceuticals Inc), Underwriting Agreement (Plasmatech Biopharmaceuticals 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 sell, severally and not jointly, 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”), par value $0.001 per share (the “Firm SecuritiesShares”).

Appears in 2 contracts

Samples: Underwriting Agreement (WhiteSmoke, Inc.), Underwriting Agreement (WhiteSmoke, 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 (“Firm Shares”) of the Company’s common stock, par value $0.01per 0.00001 per 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”).

Appears in 1 contract

Samples: Underwriting Agreement (Cellectar Biosciences, 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 (“Firm Shares”) of the Company’s common stock, par value $0.01per 0.0001 per share (the “Common Stock”), together with Common Stock purchase warrants (the “Warrants”) to purchase up to and an aggregate of [____] Warrants (as hereinafter defined) to purchase an aggregate of [____] shares of Common Stock (the “Firm Warrants”). The Firm Shares and together with the Firm Shares, Warrants will be purchased separately and will be collectively referred to herein as the “Firm Securities”).

Appears in 1 contract

Samples: Underwriting Agreement (NanoFlex Power 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 (“Firm Shares”) of the Company’s common stock, par value $0.01per 0.001 per share (the “Common Stock”), together with Common Stock purchase warrants (the “Warrants”) to purchase up to an aggregate of [•] ___ shares of Common Stock (the “Firm Warrants,” and together with the Option Warrants, the “Warrants” and, the Firm Warrants together with the Firm Shares, the “Firm Securities”).

Appears in 1 contract

Samples: Underwriting Agreement (Optex Systems 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 [_____] shares (“Firm Shares”) of the Company’s common stock, par value $0.01per 0.0001 per share (the “Common Stock”), together with Common Stock purchase warrants (the “Warrants”) Warrants to purchase up to an aggregate of [_____] shares of Common Stock Stock, in the form filed as an exhibit to the Registration Statement (as hereinafter defined) (the “Firm Warrants”, and together collectively with the Firm SharesCommon Stock, the “Firm Securities”).

Appears in 1 contract

Samples: Underwriting Agreement (Protagenic Therapeutics, Inc.\new)

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