Common use of Purchase of the Units Clause in Contracts

Purchase of the Units. On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell, severally and not jointly, to the several Underwriters, an aggregate of [·] Units at a purchase price (net of discounts and commissions) per Unit of $925, which represents a 7.5% discount to the public offering price per Unit. The 7.5% discount to the public offering price will not apply to securities sold by the Company to the Underwriters, and subsequently by the Underwriters to any purchaser, to the extent that the proceeds of such sale are used by the Company to repurchase shares of the Company’s Series A-4 convertible preferred stock from such purchaser.