Common use of Purchase and Sale of Shares and Warrants Clause in Contracts

Purchase and Sale of Shares and Warrants. Subject to and upon the terms and conditions set forth in this Agreement, the Company agrees to issue and sell to each Purchaser, and each Purchaser hereby agrees, severally and not jointly, (i) to purchase from the Company, at the Closing, the number of Units representing the number of Shares and Warrants to acquire Warrant Shares set forth opposite such Purchaser’s name on Schedule 1 hereto, at the Unit Price and (ii) to pay the purchase price set forth opposite such Purchaser’s name on Schedule 1 hereto. The Purchasers and the Company agree that the Company may sell to other investors Units at the Unit Price in offerings (the “Other Offerings”) concurrent with the sale by the Company to the Purchasers hereunder; provided, however, that the terms and agreements provided to such other investors (or any other investor) relating to the Other Offerings shall not be more favorable than the terms and agreements provided to the Purchasers in the Transaction Documents. The aggregate purchase price payable, severally and not jointly, by the Purchasers under this Agreement and all the other investors under the Other Offerings, to the Company, whether directly or through release of funds pursuant to the terms of the Escrow Agreement, for all of the Units shall be a minimum of $65,000,000 and a maximum of $75,000,000.