Common use of Additional Issuances of Securities Clause in Contracts

Additional Issuances of Securities. (i) From the date hereof until the earlier of (x) the time of the registration of all of the Registrable Securities (as defined in the Registration Rights Agreement) pursuant to and in accordance with the Registration Rights Agreement, which registration remains in effect and (y) such time as all of the Registrable Securities, if a registration statement is not available for the resale of all of the Registrable Securities may be sold pursuant to Rule 144, the Company shall not, directly or indirectly, file any registration statement with the SEC, or file any amendment or supplement thereto, or grant any registration rights to any Person that can be exercised prior to the earlier of such time as set forth above, other than pursuant to the Registration Rights Agreement and any registration statement registered on Form S-8 or S-4. (ii) From the date hereof until the date that ninety (90) days immediately following the Closing Date, other than with respect to Excluded Securities (as defined in the Offered Notes), the Company will not: (i) directly or indirectly, offer, sell, grant any option to purchase, or otherwise dispose of (or announce any offer, sale, grant or any option to purchase or other disposition of) any of its or its Subsidiaries’ equity or equity equivalent securities, including without limitation any convertible debt, preferred stock or other instrument or security that is, at any time during its life and under any circumstances, convertible into or exchangeable or exercisable for Common Stock or Common Stock Equivalents or (ii) be party to any solicitations, negotiations or discussions with regard to the foregoing.

Additional Issuances of Securities. (i) From the date hereof until the earlier of (x) the time of the registration of all of the Registrable Securities (as defined in the Registration Rights Agreement) pursuant to and in accordance with the Registration Rights Agreement, which registration remains in effect and (y) such time as all of the Registrable Securities, if a registration statement is not available for the resale of all of the Registrable Securities may be sold pursuant to Rule 144, the Company shall not, directly or indirectly, file any registration statement with the SEC, or file any amendment or supplement thereto, or grant any registration rights to any Person that can be exercised prior to the earlier of such time as set forth above, other than pursuant to the Registration Rights Agreement and any registration statement registered on Form S-8 or S-4. (ii) From the date hereof until the date that ninety (90) days immediately following the Closing Date, other than with respect to Excluded Securities (as defined in the Offered Notes), the Company will not: (i) directly or indirectly, offer, sell, grant any option to purchase, or otherwise dispose of (or announce any offer, sale, grant or any option to purchase or other disposition of) any of its or its Subsidiaries’ equity or equity equivalent securities, including without limitation any convertible debt, preferred stock or other instrument or security that is, at any time during its life and under any circumstances, convertible into or exchangeable or exercisable for Common Stock or Common Stock Equivalents or (ii) be party to any solicitations, negotiations or discussions with regard to the foregoing.

Additional Issuances of Securities. (i) From the date hereof until the earlier of (x) the time of the registration of all of the Registrable Securities (as defined in the Registration Rights Agreement) pursuant to and in accordance with the Registration Rights Agreement, which registration remains in effect and (y) such time as all of the Registrable Securities, if a registration statement is not available for the resale of all of the Registrable Securities may be sold pursuant to Rule 144, the Company shall not, directly or indirectly, file any registration statement with the SEC, or file any amendment or supplement thereto, or grant any registration rights to any Person that can be exercised prior to the earlier of such time as set forth above, other than pursuant to the Registration Rights Agreement and any registration statement registered on Form S-8 or S-4. (ii) From the date hereof until the date that ninety (90) days immediately following the Closing Date, other than with respect to Excluded Securities (as defined in the Offered Notes), the Company will not: (i) directly or indirectly, offer, sell, grant any option to purchase, or otherwise dispose of (or announce any offer, sale, grant or any option to purchase or other disposition of) any of its or its Subsidiaries’ ' equity or equity equivalent securities, including without limitation any convertible debt, preferred stock or other instrument or security that is, at any time during its life and under any circumstances, convertible into or exchangeable or exercisable for Common Stock or Common Stock Equivalents or (ii) be party to any solicitations, negotiations or discussions with regard to the foregoing.