Common use of Issue of Common Stock Clause in Contracts

Issue of Common Stock. (a) The Company has authorized the issuance and sale of up to the aggregate number of shares of its common stock, $.01 par value (the "Common Stock"), as set forth in Section 2.1 hereof (the "Shares"). (b) In reliance upon Purchaser's representations and warranties contained in Section 4 hereof and subject to the terms and conditions set forth herein, the Company agrees to sell to Purchaser the Shares, to be issued and sold at a price per share equal to two hundred percent (200%) of the Fair Market Value thereof. For purposes of this Agreement, Fair Market Value shall equal the closing sales price of a share of Common Stock as reported for the Nasdaq National Market on the last trading day preceding the Effective Date. (c) In reliance upon the representations and warranties of the Company contained in Section 3 hereof and subject to the terms and conditions set forth herein, Purchaser hereby agrees to purchase the Shares at the per share purchase price set forth above.

Issue of Common Stock. (a) The Company has authorized the issuance and sale of up to the aggregate number of shares of its common stock, $.01 par value (the "Common Stock"), as set forth in Section Sections 2.1 and 2.3 hereof (the "Shares"). (b) In reliance upon Purchaser's representations and warranties contained in Section 4 hereof and subject to the terms and conditions set forth herein, the Company agrees to sell to Purchaser the Shares, to be issued and sold at a price per share equal to two hundred percent (200%) of the Fair Market Value thereof. For purposes of this Agreement, Fair Market Value shall equal the average closing sales price of a share of Common Stock as reported for the Nasdaq National Market on for the last trading day twenty (20) business days preceding the Effective Dateday on which the Shares are issued. (c) In reliance upon the representations and warranties of the Company contained in Section 3 hereof and subject to the terms and conditions set forth herein, Purchaser hereby agrees to purchase the Shares at the per share purchase price set forth above.