Common use of Purchase and Sale of Series 3 Preferred Clause in Contracts

Purchase and Sale of Series 3 Preferred. Subject to the terms and conditions herein set forth, at the Closing (as defined below), the Company agrees to issue and sell to the Purchaser, and the Purchaser agrees to purchase from the Company, on the Closing Date (as defined below) the aggregate number of shares of Series 3 Preferred set forth opposite such Purchaser's name on Schedule 2.1, for the aggregate purchase price set forth opposite such Purchaser's name on Schedule 2.1 (the "Transaction") (all of the shares of Series 3 Preferred being purchased pursuant hereto at the Closing being referred to herein as the "Purchased Stock").

Purchase and Sale of Series 3 Preferred. Subject to the terms and conditions herein set forth, at the Closing (as defined below), the Company agrees to issue and sell to the each Purchaser, and the Purchaser each Purchaser, severally and not jointly, agrees to purchase from the Company, on the Closing Date (as defined below) the aggregate number of shares of Series 3 Preferred set forth opposite such Purchaser's name on Schedule 2.1, for the aggregate purchase price set forth opposite such Purchaser's name on Schedule 2.1 (the "Transaction") (all of the shares of Series 3 Preferred being purchased pursuant hereto at the Closing being referred to herein as the "Purchased Stock").