Common use of Blackout Clause in Contracts

Blackout. The Company undertakes and covenants that until the end of the Exclusion Period, the Company will not enter into any acquisition, merger, exchange or sale or other transaction that could have the effect of delaying the effectiveness of any pending registration statement or causing an already effective registration statement to no longer be effective or current for a period twenty (20) or more days.

Blackout. The Company undertakes and covenants that until the end of the Exclusion Period, the Company will not enter into any acquisition, merger, exchange or sale or other transaction that could have the effect of delaying the effectiveness of any pending registration statement or causing an already effective registration statement to no longer be effective or current for a period twenty (20) or more dayscurrent.

Blackout. The Company undertakes and covenants that until the end of the Exclusion Period, the Company will not enter into any acquisition, merger, exchange or sale or other transaction that could have the effect of delaying the effectiveness of any pending registration statement Registration Statement or causing an already effective registration statement Registration Statement to no longer be effective or current for a period of twenty (20) or more daysdays in the aggregate.

Blackout. The Company undertakes and covenants that until the first to occur of (i) the end of the Exclusion Period, or (ii) until all the Shares and Warrant Shares have been resold pursuant to such registration statement, the Company will not enter into any acquisition, merger, exchange or sale or other transaction that could have the effect of delaying the effectiveness of any pending registration statement or causing an already effective registration statement to no longer be effective or current for a period twenty (20) or more dayscurrent.

Blackout. The Company undertakes and covenants that that, until the end of the Exclusion Period, the Company will not enter into any acquisition, merger, exchange or sale or other transaction or fail to take any action that could have the effect of delaying the effectiveness of any pending registration statement Registration Statement or causing an already effective registration statement Registration Statement to no longer be effective or current for a period twenty (20) of forty-five or more daysdays in the aggregate during any three hundred and sixty-five day period.

Blackout. The Company undertakes and covenants that without the consent of the Subscriber, until the end of the Exclusion Period, the Company will not enter into any acquisition, merger, exchange or sale or other transaction or fail to take any action that could have the effect of delaying the effectiveness of any pending registration statement beyond the effective date, or causing an already effective registration statement to no longer be effective or current for a period twenty (20) of forty-five or more daysdays in the aggregate during any three hundred and sixty-five day period.

Blackout. The Company undertakes and covenants that without the consent of the Subscribers, until the end of the Exclusion Period, the Company will not enter into any acquisition, merger, exchange or sale or other transaction or fail to take any action that could have the effect of delaying the effectiveness of any pending registration statement beyond the effective date, or causing an already effective registration statement to no longer be effective or current for a period twenty (20) of forty-five or more daysdays in the aggregate during any three hundred and sixty-five day period.

Blackout. The Company undertakes and covenants that until the end of the Exclusion Period, the Company will not enter into any acquisition, merger, exchange or sale or other transaction that could have the effect of delaying the effectiveness of any pending registration statement or causing an already effective registration statement to no longer be effective or current for a period ten (10) or more consecutive days nor more than twenty (20) or more daysdays during any consecutive three hundred and sixty-five (365) day period.

Blackout. The Company undertakes and covenants that until the end of the Exclusion Period, the Company will not enter into any acquisition, merger, exchange or sale or other transaction that could have the effect of delaying the effectiveness of any pending registration statement or causing an already effective registration statement to no longer be effective or current for a period twenty ten (2010) or more daysconsecutive days nor more than fifteen (15) days during any consecutive three hundred and sixty-five (365) day period.

Blackout. The Company undertakes and covenants that that, until the end of the Exclusion Period, the Company will not enter into any acquisition, merger, exchange or sale or other transaction or fail to take any action that could have the effect of delaying the effectiveness of any pending registration statement Registration Statement or causing an already effective registration statement Registration Statement to no longer be effective or current for a period twenty (20) of forty or more daysdays in the aggregate during any three hundred and sixty-five day period.

Blackout. The Company undertakes and covenants that until the end of the Exclusion Period, the Company will not enter into any acquisition, merger, exchange or sale or other transaction that could have the effect of delaying the effectiveness of any pending registration statement Registration Statement or causing an already effective registration statement Registration Statement to no longer be effective or current for a period twenty of forty-five (2045) or more daysconsecutive days in the aggregate during any consecutive 365 day period.

Blackout. The Company undertakes and covenants that that, until the end of the Exclusion Period, the Company will not enter into any acquisition, merger, exchange or sale or other transaction or fail to take any action that could have the effect of delaying the effectiveness of any pending registration statement Registration Statement or causing an already effective registration statement Registration Statement to no longer be effective or current for a period of twenty (20) or more daysdays in the aggregate during any three hundred and sixty-five day period.

Blackout. The Company undertakes and covenants that until the first to occur of (i) the end of the Exclusion Period, or (ii) until all the Shares have been resold pursuant to such registration statement, the Company will not enter into any acquisition, merger, exchange or sale or other transaction that could have the effect of delaying the effectiveness of any pending registration statement or causing an already effective registration statement to no longer be effective or current for a period twenty (20) or more dayscurrent.

Blackout. The Company undertakes and covenants that until the end of the Exclusion PeriodRegistration Statement has been effective for 180 days, the Company will not enter into any acquisition, merger, exchange or sale or other transaction that could have the effect of delaying the effectiveness of any pending registration statement or causing an already effective registration statement to no longer be effective or current for a period twenty (20) or more dayscurrent.

Blackout. The Company undertakes and covenants that until the end of the Exclusion Period, the Company will not enter into any acquisition, merger, exchange or sale or other transaction that could have the effect of delaying the effectiveness of any pending registration statement or causing an already effective registration statement to no longer be effective or current for a period twenty of more than thirty (2030) consecutive days or more forty-five (45) days, in the aggregate, during any 365 day period.

Blackout. The Company undertakes and covenants that until the end of the Exclusion Period, the Company will not enter into any acquisition, merger, exchange or sale or other transaction that could have the effect of delaying the effectiveness of any pending registration statement or causing an already effective registration statement to no longer be effective or current for a period twenty (20) or more daysdays in the aggregate.

Blackout. The Company undertakes and covenants that until the end of the Exclusion Period, Period the Company will not enter into any acquisition, merger, exchange or sale or other transaction that could have the effect of delaying the effectiveness of any pending registration statement or causing an already effective registration statement to no longer be effective or current for a period twenty of fifteen (2015) or more days.

Blackout. The Company undertakes and covenants that that, until the end of the Exclusion Period, the Company will not enter into any acquisition, merger, exchange or sale or other transaction or fail to take any action that could have the effect of delaying the effectiveness of any pending registration statement Registration Statement or causing an already effective registration statement Registration Statement to no longer be effective or current for a period twenty (20) of sixty or more daysdays in the aggregate during any three hundred and sixty-five day period.

Blackout. The Company undertakes and covenants that until the end of the Exclusion Period, the Company will not enter into any acquisition, merger, exchange or sale or other transaction that could have the effect of delaying the effectiveness of any pending registration statement or causing an already effective registration statement to no longer be effective or current for a period ten (10) or more consecutive days nor more than twenty (20) or more daysdays in the aggregate during any consecutive three hundred and sixty-five (365) day period.

Blackout. The Company undertakes and covenants that until the first to occur of (i) the end of the Exclusion Period, or (ii) until all the Shares and Warrant Shares have been resold pursuant to a registration statement or Rule 144 except as described on Schedule 11.1 hereto, the Company will not enter into any acquisition, merger, exchange or sale or other transaction that could have the effect of delaying the effectiveness of any pending registration statement or causing an already effective registration statement to no longer be effective or current for a period twenty of fifteen (2015) or more days.

Blackout. The Company undertakes and covenants that until the first to occur of (i) the end of the Exclusion Period, or (ii) until all the Shares and Warrant Shares have been resold pursuant to such registration statement, the Company will not enter into any acquisition, merger, exchange or sale or other transaction that could have the effect of delaying the effectiveness of any pending registration statement or causing an already effective registration statement to no longer be effective or current for a period twenty of ten (2010) or more days.

Blackout. The Company undertakes and covenants that that, until the end of the Exclusion Period, the Company will not enter into any acquisition, merger, exchange or sale or other transaction or fail to take any action that could have the effect of delaying the effectiveness of any pending registration statement Registration Statement or causing an already effective registration statement Registration Statement to no longer be effective or current for a period twenty of forty-five (2045) or more daysdays in the aggregate during any three hundred sixty-five (365) day period.

Blackout. The Company undertakes and covenants that until the end of the Exclusion Period, the Company will not enter into any acquisition, merger, exchange or sale or other transaction that could have the effect of delaying the effectiveness of any pending registration statement or causing an already effective registration statement to no longer be effective or current for a period ten (10) or more consecutive days nor more than twenty (20) or more daysdays in the aggregate during any consecutive three hundred and sixty five (365) day period.

Blackout. The Company undertakes and covenants that until the first to occur of (i) the end of the Exclusion Period, as defined in Section 9(n) hereof, or (ii) until all the Shares and Warrant Shares have been resold pursuant to such registration statement or Rule 144, without regard to volume limitations, the Company will not enter into any acquisition, merger, exchange or sale or other transaction that could have the effect of delaying the effectiveness of any pending registration statement or causing an already effective registration statement to no longer be effective or current for a period twenty (20) or more dayscurrent.

Blackout. The Company undertakes and covenants that that, until the end of the Exclusion Period, the Company will not enter into any acquisition, merger, exchange or sale or other transaction or fail to take any action that could have the effect of delaying the effectiveness of any pending registration statement or causing an already effective registration statement to no longer be effective or current for a period of twenty (20) or more daysdays in the aggregate during any three hundred and sixty-five (365) day period.

Blackout. The Company undertakes and covenants that that, until the end of the Exclusion Period, the Company will not enter into any acquisition, merger, exchange or sale or other 18 transaction or fail to take any action that could have the effect of delaying the effectiveness of any pending registration statement Registration Statement or causing an already effective registration statement Registration Statement to no longer be effective or current for a period of twenty (20) or more daysdays in the aggregate during any three hundred and sixty-five day period.

Blackout. The Company undertakes and covenants that that, until the -------- end of the Exclusion Period, the Company will not enter into any acquisition, merger, exchange or sale or other transaction or fail to take any action that could have the effect of delaying the effectiveness of any pending registration statement or causing an already effective registration statement to no longer be effective or current for a period of twenty (20) or more daysdays in the aggregate during any three hundred and sixty-five (365) day period.

Blackout. The Company undertakes and covenants that until the -------- first to occur of (i) the end of the Exclusion Period, or (ii) until all the Common Stock has been resold pursuant to a registration statement or Rule 144, the Company will not enter into any acquisition, merger, exchange or sale or other transaction that could have the effect of delaying the effectiveness of any pending registration statement or causing an already effective registration statement to no longer be effective or current for a period twenty of fifteen (2015) or more days.

Blackout. The Company undertakes and covenants that until all the end of the Exclusion PeriodShares have been resold pursuant to a registration statement or Rule 144, the Company will not enter into any acquisition, merger, exchange or sale sale, or other transaction that could have the effect of delaying the effectiveness of any pending registration statement or causing an already effective registration statement to no longer be effective or current for a period twenty of fifteen (2015) or more days.

Blackout. The Company undertakes and covenants that until the end of the Exclusion Period, the Company will not enter into any acquisition, merger, exchange or sale or other transaction that could have the effect of delaying the effectiveness of any pending registration statement Registration Statement or causing an already effective registration statement Registration Statement to no longer be effective or current for a period twenty (20) of forty-five or more daysdays in the aggregate (except that such period might, in any given instance, be extended with the written Consent of the Subscribers).

Blackout. The Company undertakes and covenants that until the end of the Exclusion Period, the Company will not enter into any acquisition, merger, exchange or sale or other transaction other than the Qualified Acquisition that could have the effect of delaying the effectiveness of any pending registration statement Registration Statement or causing an already effective registration statement Registration Statement to no longer be effective or current for a period of twenty (20) or more daysdays in the aggregate.

Blackout. The Company undertakes and covenants that until the end of the Exclusion Period, the Company will not enter into any acquisition, merger, exchange or sale or other transaction that could have the effect of delaying the effectiveness of any pending registration statement or causing an already effective registration statement to no longer be effective or current for a period twenty (20) or more days; provided that this paragraph shall not impede the Company from raising additional capital, so long as the Company does not grant at any time any registration rights in connection with the raising of additional capital and does not register any equity in connection with that additional capital, so long as any of the Notes are outstanding.

Blackout. The Company undertakes and covenants that until the end of the Exclusion Period, the Company will not enter into any acquisition, merger, exchange or sale or other transaction that could have the effect of delaying the effectiveness of any pending registration statement Registration Statement or causing an already effective registration statement Registration Statement to no longer be effective or current for a period twenty of fifteen (2015) or more daysdays in the aggregate or seven consecutive days during any twelve month period.