Wednesday, December 02, 2015 12:30:33 PM
In connectionwith this offering, the Company entered into definitive agreements withinvestors to sell an aggregate of 20 million Class A Units (consisting of oneshare of our common stock, a Series A Warrant (exercisable for cash a period of six months)to purchase one share of our common stock at an exercise price equal to thepublic offering price of the Class A Units, anda Series B Warrant (exercisable for cash for a period of sixty months) topurchase 0.80 of a share of common stock at an exercise price equal 125% ofthe public offering price of the Class A Units).
Included in the sale were Class B Units issuable to thoseinvestors whose purchase of Class A Units in this offering would otherwiseresult in such investor beneficially owning more than 4.99% of our outstandingCommon Stock immediately following the consummation of this offering, theopportunity, in lieu of purchasing more Class A Units, to purchase Class BUnits. Each Class B Unit consists of one share of our Class K ConvertiblePreferred Stock, convertible into shares ofour Common Stock at the public offering price of the Class A Units.
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