Common use of Capital Raising Limitations Clause in Contracts

Capital Raising Limitations. During the period from the date of this Agreement until the date that is one year after the earlier of (a) the Put Closing Date on which the sum of the aggregate Put Share Price for all Put Shares equal the Maximum Offering Amount, (b) the date that the Company has delivered a Termination Notice to the Investor, or (c) the date of an Automatic Termination, the Company shall not issue or sell, or agree to issue or sell Equity Securities (as defined below), for cash in private capital raising transactions without obtaining the prior written approval of the Investor of the Offering (the limitations referred to in this subsection 6.5.1 are collectively referred to as the "Capital Raising Limitations"). For purposes hereof, the following shall be collectively referred to herein as, the "Equity Securities": (i) Common Stock or any other equity securities, (ii) any debt or equity securities which are convertible into, exercisable or exchangeable for, or carry the right to receive additional shares of Common Stock or other equity securities, or (iii) any securities of the Company pursuant to an equity line structure or format similar in nature to this Offering.

Capital Raising Limitations. During For so long as ---------------------------- a Put Closing has occurred in the Investment Agreements as the Company has designated in its Put Purchase Notice (Investor consented to each Investment Amount in excess of $50,000 and less than $100,000 and a Put Closing has occurred at each time designated in the Put Purchase Notice) during the period from the date of this Agreement until the date that is one year after the earlier of (a) the Put Closing Date on which the sum of the aggregate Put Share Price for all Put Shares equal the Maximum Offering Amount, (b) the date that the Company has delivered a Termination Notice to the Investor, or (c) the date of an Automatic Terminationits expiration, the Company shall not issue or sell, or agree to issue or sell Equity Securities (as defined below), for cash in private capital raising transactions without obtaining the prior written approval of the Investor of the Offering (the limitations referred to in this subsection 6.5.1 6.10(i) are collectively referred to as the "Capital Raising Limitations"). For purposes hereof, the following shall be collectively referred to herein as, the "Equity Securities": (i) Common Stock or any other equity securities, (ii) any debt or equity securities which are convertible into, exercisable or exchangeable for, or carry the right to receive additional shares of Common Stock or other equity securities, or (iii) any securities of the Company pursuant to an equity line structure or format similar in nature to this Offeringtransaction.

Capital Raising Limitations. During the period from the date of this Agreement until the date that is one year ninety (90) days after the earlier of Termination Date (a) or in the Put Closing Date on which event that the sum of the aggregate Put Share Price for all Put Shares equal the Maximum Offering AmountCompany terminates this Agreement, (b) then until the date that is thirty (30) days after the Company has delivered a Termination Notice to the Investor, or (c) the date of an Automatic TerminationDate), the Company shall not issue or sell, or agree to issue or sell Equity Securities (as defined below), for cash in private capital raising transactions transactions, other than the transaction set forth on Schedule 6.6.1, without obtaining the prior written approval of the Investor of the Offering Offering, which approval shall not be unreasonably withheld (the limitations referred to in this subsection 6.5.1 6.6.1 are collectively referred to as the "Capital Raising Limitations"). For purposes hereof, the following shall be collectively referred to herein as, the "Equity Securities": (i) Common Stock or any other equity securities, (ii) any debt or equity securities which are convertible into, exercisable or exchangeable for, or carry the right to receive additional shares of Common Stock or other equity securities, or (iii) any securities of the Company pursuant to an equity line structure or format similar in nature to this Offering.

Capital Raising Limitations. During For so long as a Put Closing has occurred in the Investment Agreements as the Company has designated in its Put Purchase Notice (Investor consented to each Investment Amount in excess of $50,000 and less than $100,000 and a Put Closing has occurred at each time designated in the Put Purchase Notice) during the period from the date of this ofthis Agreement until the date that is one year after the earlier of (a) the Put Closing Date on which the sum of the aggregate Put Share Price for all Put Shares equal the Maximum Offering Amount, (b) the date that the Company has delivered a Termination Notice to the Investor, or (c) the date of an Automatic Terminationits expiration, the Company shall not issue or sell, or agree to issue or sell Equity Securities (as defined below), for cash in private capital raising transactions without obtaining the prior written approval of the Investor of the Offering (the limitations referred to in this subsection 6.5.1 6. 1 0(i) are collectively referred to as the "Capital Raising Limitations"). For purposes hereof, the following shall be collectively referred to herein as, the "Equity Securities": (i) Common Stock or any other equity securities, (ii) any debt or equity securities which are convertible into, exercisable or exchangeable for, or carry the right to receive additional shares of Common Stock or other equity securities, or (iii) any securities of the Company pursuant to an equity line structure or format forrnat similar in nature to this Offeringtransaction.