Common use of Purchase and Sale of Notes, Warrants and Overrides Clause in Contracts

Purchase and Sale of Notes, Warrants and Overrides. 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 agrees to purchase from the Company (i) Notes in the respective principal amounts set forth opposite such Buyer’s name on the Schedule of Buyers, (ii) Warrants exercisable for the respective number of Warrant Shares set forth opposite such Buyer’s name on the Schedule of Buyers, which Notes and Warrants shall be issued to the Buyers on the Closing Date (as defined in Section 1(b)), (iii) Overrides as provided in Section 1(d)(i). The purchase price (the “Purchase Price”) for the Notes, Warrants and Overrides purchased by each Buyer shall be the product of $8,075,000, multiplied by such Buyer’s allocation percentage (as set forth opposite such Buyer’s name on the Schedule of Buyers (such Buyer’s “Allocation Percentage”)) (representing an aggregate purchase price of $8,075,000 for the aggregate Notes, Warrants and Overrides to be purchased by the Buyers at the Closing.