Common use of Blackouts Clause in Contracts

Blackouts. Notwithstanding any other provision of this Agreement, the Company and the Agent agree that the Company shall not deliver any Issuance Notice to the Agent, and the Agent shall not be obligated to place any Shares, during any period in which the Company is, or could be deemed to be, in possession of material non-public information.

Blackouts. Notwithstanding any other provision of this Agreement, the Company and the Agent agree that the Company shall not deliver any Issuance Notice to the Agent, and the Agent shall not be obligated to place any Issuance Shares, during any period in which the Company’s xxxxxxx xxxxxxx policy, as it exists on the date of this Agreement, would prohibit the purchase or sale of Shares by persons subject to such policy, or during any other period in which the Company is, or could be deemed to be, in possession of material non-public information.

Blackouts. Notwithstanding any other provision of this Agreement, the Company and the Agent agree that the Company shall not deliver any Issuance Notice to the Agent, and the Agent shall not be obligated to place any Issuance Shares, during any period in which the Company’s ixxxxxx xxxxxxx policy, as it exists on the date of this Agreement, would prohibit the purchase or sale of Shares by persons subject to such policy, or during any other period in which the Company is, or could be deemed to be, in possession of material non-public information.

Blackouts. Notwithstanding any other provision of this Agreement, unless otherwise agreed to by the Agent, the Company and the Agent agree that the Company shall not deliver any Issuance Notice to the Agent, and the Agent shall not be obligated to place any Shares, during any period in which the Company isCompany’s xxxxxxx xxxxxxx policy, as it exists on the date of an Issuance Notice, would prohibit the purchase or sale of Shares by persons subject to such policy, or could be deemed to be, during any other period in which the Company is in possession of material non-public information.