Common use of Subject to Section 2 Clause in Contracts

Subject to Section 2. 2.2(a) and the other terms and conditions hereof, at the Subsequent Issuance Closing (as defined below), if applicable, the Company hereby agrees to issue to Investors, and Investors hereby agree to acquire from the Company, the aggregate number of shares of Class A Common Stock equal to (a) $6,875,000 (the “Subsequent Issuance Purchase Price”), divided by the lower of (b) (i) $2.00 or (ii) the Fair Market Value of the Company’s Class A Common Stock (the “Subsequent Issuance Shares” and, together with the Closing Issuance Shares, the “Shares”) (such issuance, the “Subsequent Issuance” and, together with the Closing Issuance, the “Issuances”), in the respective proportions provided by the Investors to the Company at least three (3) Business Days prior to the Subsequent Issuance Closing Date; provided, that the number and type of Subsequent Issuance Shares actually issued shall be subject to those conditions, limitations and adjustments set forth in Section 2.2.2.

Subject to Section 2. 2.2(a) and the other terms and conditions hereof, at the Subsequent Issuance Closing (as defined below), if applicable, the Company hereby agrees to issue to Investors, and Investors hereby agree to acquire from the Company, the aggregate number of shares of Class A Common Stock equal to (a) $6,875,000 3,025,000 (the “Subsequent Issuance Purchase Price”), divided by the lower of (b) (i) $2.00 or (ii) the Fair Market Value of the Company’s Class A Common Stock (the “Subsequent Issuance Shares” and, together with the Closing Issuance Shares, the “Shares”) (such issuance, the “Subsequent Issuance” and, together with the Closing Issuance, the “Issuances”), in the respective proportions provided by the Investors to the Company at least three (3) Business Days prior to the Subsequent Issuance Closing Date; provided, that the number and type of Subsequent Issuance Shares actually issued shall be subject to those conditions, limitations and adjustments set forth in Section 2.2.2.