(1) |
There
are being registered hereunder such indeterminate number or amount, as the case may be, of
shares of common stock, preferred stock, debt securities, warrants, and units to be sold
by the Registrant from time to time at indeterminate prices, which together shall have a
maximum aggregate offering price not to exceed $75,000,000. Any securities registered hereunder
may be sold separately or in combination with the other securities registered hereunder.
This registration statement also covers an indeterminate number or amount, as the case may
be, of securities that may be issued in exchange for, or upon conversion or exercise of,
as the case may be, the securities registered hereunder, including under any applicable anti-dilution
provisions. If any debt securities are issued at an original issue discount, then the principal
amount of such debt securities shall be in such greater amount as shall result in an aggregate
initial offering price not to exceed $75,000,000, less the aggregate dollar amount of all
securities previously issued hereunder. Pursuant to Rule 416 under the Securities Act of
1933, as amended (the “Securities Act”), the shares being registered hereunder
include such indeterminate number of shares of common stock and preferred stock as may be
issuable with respect to the shares being registered hereunder as a result of stock splits,
stock dividends or similar transactions.
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(2) |
The
proposed maximum offering price per share will be determined, from time to time, by the Registrant
in connection with the issuance by the Registrant of the securities registered hereunder
and is not specified as to each class of security pursuant to Instruction 2.A.iii.b. to the
Calculation of Filing Fee Tables and Related Disclosure on Item 16(b) of Form S-3 under the
Securities Act.
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