Common use of Investor Securities Clause in Contracts

Investor Securities. The Series A Preferred Stock being purchased by the Investors hereunder, together with any securities issued with respect thereto, upon exercise, conversion or transfer thereof or in exchange therefor, including the Common Stock issuable upon conversion of the Series A Preferred Stock, are collectively referred to as "Investor Securities"; provided, however, that once any such securities have been sold in a public offering registered under the Securities Act or sold pursuant to Rule 144 under the Securities Act they shall cease to be Investor Securities for all purposes of this Agreement. The powers, preferences and rights of the Series A Preferred Stock are set forth in the Company's Certificate of Designation, Preferences and Limitations, attached hereto as Exhibit A (the "Certificate of Designation").

Investor Securities. The Series A D Preferred Stock being purchased by the Investors hereunder, together with any securities issued with respect thereto, upon exercise, conversion or transfer thereof or in exchange therefor, including the Common Stock issuable upon conversion of the Series A D Preferred Stock, are collectively referred to as "Investor Securities"; provided, however, that once any such securities have been sold in a public offering registered under the Securities Act or sold pursuant to Rule 144 promulgated under the Securities Act Act, they shall cease to be Investor Securities for all purposes of this Agreement. The powers, preferences and rights of the Series A D Preferred Stock are set forth in the Company's Charter as amended through the date hereof, including the Certificate of Designation, Preferences and Limitations, attached hereto as Rights for the Series D Preferred Stock in the form set forth in Exhibit A 2.1 (the "Certificate of Designation").