Common use of BY THE COMPANY AND OTHERS Clause in Contracts

BY THE COMPANY AND OTHERS. The Company agrees: (1) not to effect any public or private sale or distribution of its Equity Securities during the 30-day period prior to, and during the 60-day period after, the effective date of each Underwritten Offering made pursuant to a Demand Registration or a Piggyback Registration, if so requested in writing by the managing underwriter (except as part of such Underwritten Offering, pursuant to registrations on Forms S-4 or S-8 or any successor forms thereto or private issuances of Equity Securities as consideration for any acquisition by the Company or a subsidiary of assets or capital stock of any unaffiliated third party), and (2) not to issue any Equity Securities other than for sale in a registered public offering unless each of the Persons to which such securities are issued has entered a written agreement binding on its transferees not to effect any public sale or distribution of such securities (except for employee stock options issued to Persons other than: directors or officers; or shareholders owning five percent (5%) or more of the Company's Equity Securities) during such period, including without limitation a sale pursuant to Rule 144 under the Securities Act (except as part of such Underwritten Registration, if and to the extent permitted hereunder).

BY THE COMPANY AND OTHERS. The Company agrees: (1) : not to effect any public or private sale or distribution of its Equity Securities during the thirty (30-) calendar day period prior to, and during the sixty (60-) calendar day period after, the effective date of each Underwritten Offering made pursuant to a Demand Registration or a Piggyback Registration, if so requested in writing by the managing underwriter (except as part of such Underwritten Offering, pursuant to registrations on Forms S-4 or S-8 or any successor forms thereto or private issuances of Equity Securities as consideration for any acquisition by the Company or a subsidiary of assets or capital stock of any unaffiliated third party), and (2) and not to issue any Equity Securities other than for sale in a registered public offering unless each of the Persons to which such securities are issued has entered a written agreement binding on its transferees not to effect any public sale or distribution of such securities (except for employee stock options issued to Persons other than: directors or directors, officers, key employees; or shareholders stockholders owning five percent (5%) or more of the Company's Equity Securities) during such period, including without limitation a sale pursuant to Rule 144 under the Securities Act (except as part of such Underwritten Registration, if and to the extent permitted hereunder).

BY THE COMPANY AND OTHERS. The Company agrees:: ------------------------- (1) not to effect any public or private sale or distribution of its Equity Securities during the thirty (30-) calendar day period prior to, and during the sixty (60-) calendar day period after, the effective date of each Underwritten Offering made pursuant to a Demand Registration or a Piggyback Registration, if so requested in writing by the managing underwriter (except as part of such Underwritten Offering, pursuant to registrations on Forms S-4 or S-8 or any successor forms thereto or private issuances of Equity Securities as consideration for any acquisition by the Company or a subsidiary of assets or capital stock of any unaffiliated third party), and (2) not to issue any Equity Securities other than for sale in a registered public offering unless each of the Persons to which such securities are issued has entered a written agreement binding on its transferees not to effect any public sale or distribution of such securities (except for employee stock options issued to Persons other than: directors or directors, officers, key employees; or shareholders stockholders owning five percent (5%) or more of the Company's Equity Securities) during such period, including without limitation a sale pursuant to Rule 144 under the Securities Act (except as part of such Underwritten Registration, if and to the extent permitted hereunder).