Common use of Valid Issuance of the Shares Clause in Contracts

Valid Issuance of the Shares. The Shares have been duly authorized for issuance and sale pursuant to this Agreement and, when issued and delivered by the Company pursuant to this Agreement against payment of the consideration set forth herein or in the applicable Terms Agreement, will be validly issued, fully paid and non-assessable, and conform to the description thereof contained in the Prospectus.

Valid Issuance of the Shares. The Shares have been duly authorized for issuance and sale to be issued to the Purchasers pursuant to this Agreement have been or will be upon issuance duly authorized and, when issued and delivered by in accordance with the Company pursuant to terms of this Agreement against payment of the consideration set forth herein or in the applicable Terms Agreement, will be validly issued, fully paid and non-assessable, and conform to the description thereof contained in the Prospectus.

Valid Issuance of the Shares. The Shares have been are duly authorized for issuance authorized, and sale pursuant to this Agreement and, when issued and delivered paid for by the Company pursuant to Investor in accordance with the terms of this Agreement against payment of the consideration set forth herein or in the applicable Terms Agreement, will be validly issued, fully paid and non-assessable, and conform to the description thereof contained in the Prospectus.

Valid Issuance of the Shares. The Shares have been are duly authorized for issuance and sale pursuant to this Agreement and, when issued and delivered by the Company pursuant to in accordance with this Agreement against payment of the consideration set forth herein or in the applicable Terms Agreement, will be duly and validly issued, fully paid and non-assessablenonassessable, free and conform clear of all liens and shall not be subject to the description thereof contained in the Prospectuspreemptive or similar rights of stockholders.

Valid Issuance of the Shares. The Shares have been duly authorized for Upon issuance and sale pursuant to payment for the Shares in accordance with the terms of this Agreement and, when issued and delivered by the Company pursuant to this Agreement against payment of the consideration set forth herein or in the applicable Terms Agreement, will the Shares shall be (i) validly authorized and issued, fully paid and non-assessable, (ii) free and conform clear from all taxes, liens and charges with respect to the description issuance thereof contained and (iii) entitled to the rights and preferences set forth in the ProspectusCompany’s Certificate of Incorporation.

Valid Issuance of the Shares. The Shares to be sold to the Purchasers pursuant to the terms of this Agreement have been duly authorized for issuance and sale pursuant to this Agreement and, when issued and delivered by the Company pursuant to this Agreement against payment of the consideration set forth herein or in the applicable Terms Agreement, will be are validly issued, fully paid and non-assessable, and conform to the description thereof contained in the Prospectusnonassessable.

Valid Issuance of the Shares. The Shares have been duly authorized for issuance and sale pursuant to this Agreement and, when issued and delivered by the Company pursuant to this Agreement Purchasers against payment therefor in accordance with the terms of the consideration set forth herein or in the applicable Terms this Agreement, will be validly issued, fully paid and non-assessableassessable and will be free and clear from all liens, claims and conform encumbrances with respect to the description thereof contained in the Prospectusissuance of such Shares and will not be subject to any pre-emptive rights or similar rights.