Common use of Limitation on Certain Transactions Clause in Contracts

Limitation on Certain Transactions. Beginning as of the date of this Agreement and until the effective date of the Registration Statement, without the prior written consent of the Buyer (which consent may be withheld in the Buyer’s sole discretion), the Company shall not issue or sell or agree to issue or sell any securities in a capital raising transaction, unless such securities will not be, and are not, registered for sale or resale under the 1933 Act until on or after the effective date of the Registration Statement, provided that the limitation of this Section 5(i) shall not apply to securities issued pursuant to (a) the Company’s duly adopted employee or director bona fide share and option plans, (b) the exercise or conversion of Common Stock Equivalents that are outstanding on the date of this Agreement, or (c) a private placement in an amount not to exceed $5,000,000.00 for which the Placement Agent has acted as the placement agent therefor.

Limitation on Certain Transactions. Beginning as of the date of this Agreement and until the effective date of the Registration Statement, without the prior written consent of the Buyer Buyers (which consent may be withheld in the such Buyer’s sole discretion), the Company shall not issue or sell or agree to issue or sell any securities in a capital raising transaction, unless such securities will not be, and are not, registered for sale or resale under the 1933 Act until on or after the effective date of the Registration Statement, provided that the limitation of this Section 5(i) shall not apply to securities issued pursuant to (a) the Company’s duly adopted employee or director bona fide share and option plans, and (b) the exercise or conversion of Common Stock Equivalents that are outstanding on the date of this Agreement, or (c) a private placement in an amount not to exceed $5,000,000.00 for which the Placement Agent has acted as the placement agent therefor.

Limitation on Certain Transactions. Beginning as of the date of this Agreement and until the effective date of the Registration Statement, without the prior written consent of the Buyer Sigma (which consent may be withheld in the BuyerSigma’s sole discretion), the Company shall not issue or sell or agree to issue or sell any securities in a capital raising transaction, unless such securities will not be, and are not, registered for sale or resale under the 1933 Act until on or after the effective date of the Registration Statement, provided that the limitation of this Section 5(i5(j) shall not apply to securities issued pursuant to (a) the Company’s duly adopted employee or director bona fide share and option options plans, or (b) the exercise or conversion of Common Stock Equivalents that are outstanding on the date of this Agreement, or (c) a private placement in an amount not to exceed $5,000,000.00 for which the Placement Agent has acted as the placement agent therefor.