Common Stock means the common stock of the Company, par
value $0.001 per share, and any other class of securities into which such securities may hereafter be reclassified or changed.
Disclosure Package means, collectively, the Prospectus, together with the documents incorporated by
reference therein.
Exchange Act means the Securities Exchange Act of 1934, as amended.
Liens means a lien, charge, pledge, security interest, encumbrance, right of first refusal, preemptive right
or other restriction.
Person means an individual, corporation, partnership, joint venture, limited
liability company, governmental authority, unincorporated organization, trust, association or other entity.
Prospectus means the Prospectus Supplement, together with the Base Prospectus.
Prospectus Supplement means the supplement to the Base Prospectus complying with Rule 424(b) of the
Securities Act that is filed with the Commission and delivered by the Company to the Purchaser at the Closing.
Registration Statement means the effective registration statement with Commission File No. 333-272903 that registers the sale of the Shares to the Purchaser, as such Registration Statement may be amended and supplemented from time to time (including pursuant to Rule 462(b) of the Securities Act).
Shares means [ ] shares of Common Stock issued or issuable to the Purchaser pursuant to the terms and
conditions of this Agreement.
Short Sales means, all short sales as defined in Rule 200
promulgated under Regulation SHO under the Exchange Act, whether or not against the box, and forward sale contracts, options, puts, calls, short sales, put equivalent positions (as defined in
Rule 16a-1(h) under the Exchange Act) and similar arrangements, and sales and other transactions through non-U.S. broker dealers or foreign regulated brokers.
Subscription Amount means $[ ], the aggregate amount to be paid for the Shares purchased hereunder in United
States dollars and in immediately available funds.
Trading Day means a day on which the Trading Market
is open for trading.
Trading Market means any of the following markets or exchanges on which the Common
Stock is listed or quoted for trading on the date in question: the NYSE American, The Nasdaq Capital Market, The Nasdaq Global Market, The Nasdaq Global Select Market, the New York Stock Exchange (or any successors to any of the foregoing).
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