Common use of Commerce Initiative Clause in Contracts

Commerce Initiative. The warrant and the shares of common stock issuable upon exercise of the warrant will be offered and sold to the Retailers pursuant to an exemption from the Securities Act of 1933, as amended. As a result, such shares will be restricted securities within the meaning of that Act, and the resale of such shares will be subject to certain restrictions, including a one year holding period.

Commerce Initiative. The warrant and the shares of common stock issuable upon exercise of the warrant will be offered and sold to the Retailers pursuant to an exemption from the Securities Act of 1933, as amended. As a result, such shares will be restricted securities within the meaning of that Act, and the resale of such shares will be subject to certain restrictions, including a one year holding period.