Common use of Preferred Stock and Warrants Clause in Contracts

Preferred Stock and Warrants. Subject to the satisfaction (or waiver) of the conditions set forth in Sections 6 and 7 below, the Company shall issue and sell to each Buyer, and each Buyer severally, but not jointly, shall purchase from the Company on the Closing Date (as defined below), the number of shares of Preferred Stock as is set forth opposite such Buyer’s name in column (3) on the Schedule of Buyers, along with (i) Series A Warrants to initially acquire up to the aggregate number of Series A Warrant Shares as is set forth opposite such Buyer’s name in column (4) on the Schedule of Buyers, (ii) Series B Warrants to initially acquire up to the aggregate number of Series B Warrant Shares as is set forth opposite such Buyer’s name in column (5) on the Schedule of Buyers and (iii) Series C Warrants to initially acquire up to the aggregate number of Series C Warrant Shares as is set forth opposite such Buyer’s name in column (6) on the Schedule of Buyers.

Preferred Stock and Warrants. Subject to the satisfaction (or waiver) of the conditions set forth in Sections 6 and 7 below, the Company shall issue and sell to each Buyer, and each Buyer severally, but not jointly, shall purchase from the Company on the applicable Closing Date (as defined below), as applicable, (x) the number of shares of Series B Preferred Stock on the First Closing Date as is set forth opposite such Buyer’s name in column (3) on the Schedule of Buyers, Buyers along with (i) Series A Warrants on the First Closing Date to initially acquire up to the aggregate number of Series A Warrant Shares as is set forth opposite such Buyer’s name in column (45) on the Schedule of Buyers, Buyers and (ii) Series B Warrants on the First Closing Date to initially acquire up to the aggregate number of Series B Warrant Shares as is set forth opposite such Buyer’s name in column (56) on the Schedule of Buyers and (iiiy) Series C Warrants to initially acquire up to the aggregate number of shares of Series C Warrant Shares Preferred Stock on the Second Closing Date as is set forth opposite such Buyer’s name in column (64) on the Schedule of Buyers.

Preferred Stock and Warrants. Subject to the satisfaction (or waiver) of the conditions set forth in Sections 6 and 7 below, the Company shall issue and sell to each Buyer, and each Buyer severally, but not jointly, shall purchase from the Company on the Closing Date (as defined below), the number of shares of Preferred Stock as is set forth opposite such Buyer’s name in column (3) on the Schedule of Buyers, at a purchase price of $1,000 per share, along with (i) the Series A Warrants to initially acquire up to the aggregate that number of Series A Warrant Shares as is set forth opposite such Buyer’s name in column (4) on the Schedule of Buyers, (ii) the Series B Warrants to initially acquire up to the aggregate that number of Series B Warrant Shares as is set forth opposite such Buyer’s name in column (5) on the Schedule of Buyers and (iii) the Series C Warrants to initially acquire up to the aggregate that number of Series C Warrant Shares as is set forth opposite such Buyer’s name in column (6) on the Schedule of Buyers.