Common use of THE PLACING Clause in Contracts

THE PLACING. The Investor acknowledges that the Company intends to pursue the sale of securities of the Company in the Placing concurrently with the sale of the Purchased Shares to the Investor in accordance with this Agreement. The Investor acknowledges and agrees that the Special Committee of the Board may in the exercise of its independent judgment direct that the Company issue and sell fewer Purchased Shares to Investor as a result of the Placing or any similar such transaction; provided that the Company must comply with the terms of Section 2.1 of this Agreement, including by issuing and selling to the Investor at least the applicable minimum number of Purchased Shares as set forth therein, subject to the Investor’s compliance with the terms and conditions of this Agreement.