Common use of The Issuance Clause in Contracts

The Issuance. The Company intends to issue to the Investors in a private placement 3,076,923 shares of Common Stock (the “Purchased Common Shares”); 600 shares of its Series A Cumulative Redeemable Preferred Stock (the “Series A Shares”) having the rights, preferences and privileges set forth in the Amended and Restated Series A Certificate of Designations attached as Annex A hereto (the “Series A Certificate”); and warrants to purchase 3,076,923 shares of its Common Stock at an exercise price of $1.95 per share (the “Warrants” and, together with the Purchased Common Shares and the Series A Shares, the “Purchased Securities”) in the form attached as Annex B hereto, and the Investors intend to purchase from the Company the Purchased Securities.

The Issuance. The Company intends to issue to the Investors in a private placement 3,076,923 4,577,464 shares of Common Stock (the “Purchased Common Shares”); 600 650 shares of its Series A Cumulative Redeemable Preferred Stock (the “Series A Shares”) having the rights, preferences and privileges set forth in the Second Amended and Restated Series A Certificate of Designations attached as Annex A hereto (the “Series A Certificate”); and warrants to purchase 3,076,923 4,577,464 shares of its Common Stock at an exercise price of $1.95 1.42 per share (the “Warrants” and, together with the Purchased Common Shares and the Series A Shares, the “Purchased Securities”) in the form attached as Annex B hereto, and the Investors intend to purchase from the Company the Purchased Securities.