Common use of Limits on Additional Issuances Clause in Contracts

Limits on Additional Issuances. Except for the issuance of stock options under the Company’s stock option plans, the issuance of common stock under the Company’s employee stock purchase plan or upon exercise of outstanding options and warrants and the Offering contemplated hereby, the Company will not, for a period of six (6) months following the closing of the Offering, unless, in the opinion of the Company’s counsel, such offer or sale does not jeopardize the availability of exemptions from the registration and qualification requirements under applicable securities laws with respect to the Offering. The foregoing shall not apply to securities issued in connection with any acquisition, including by way of merger, or purchase of stock or all or substantially all of the assets of any third party. Except for the issuance of stock options under the Company’s stock option plans, the issuance of common stock under the Company’s employee stock purchase plan or upon exercise of outstanding options and warrants, the issuance of common stock purchase warrants, and the offering contemplated hereby, the Company has not engaged in any such offering during the six (6) months prior to the date of this agreement. The foregoing provisions shall not prevent the Company from filing a “shelf” registration statement pursuant to Rule 415 under the Securities Act, but the foregoing provisions shall apply to any sale of securities thereunder.

Limits on Additional Issuances. Except for the issuance of stock options under the Company’s stock option plans, the issuance of common stock under the Company’s employee stock purchase plan or upon exercise of outstanding options and warrants and the Offering offering contemplated hereby, the Company will not, for a period of six (6) months following the later to occur of either (i) the closing of the OfferingHumble Transaction or (ii) the Subsequent Closing Date, offer for sale or sell any securities unless, in the opinion of the Company’s counsel, such offer or sale does not jeopardize the availability of exemptions from the registration and qualification requirements under applicable securities laws with respect to the OfferingOfferings. The foregoing shall not apply to securities issued in connection with any acquisition, including by way of merger, or purchase of stock or all or substantially all of the assets of any third party. Except for the issuance of stock options under the Company’s stock option plans, the issuance of common stock under the Company’s employee stock purchase plan or upon exercise of outstanding options and warrants, the issuance of common stock purchase warrants, and the offering contemplated hereby, the Company has not engaged in any such offering during the six (6) months prior to the date of this agreement. The foregoing provisions shall not prevent the Company from filing a “shelf” registration statement pursuant to Rule 415 under the Securities Act, but the foregoing provisions shall apply to any sale of securities thereunder.

Limits on Additional Issuances. Except for the issuance of stock options under the Company’s stock option plans, the issuance of common stock under the Company’s employee stock purchase plan or upon exercise of outstanding options and warrants and the Offering contemplated herebyOffering, the Company will not, for a period of six (6) months following the closing of the Offering, offer for sale or sell any securities unless, in the opinion of the Company’s counsel, such offer or sale does not jeopardize the availability of exemptions from the registration and qualification requirements under applicable securities laws with respect to the Offering. The foregoing shall not apply to securities issued in connection with any acquisition, including by way of merger, or purchase of stock or all or substantially all of the assets of any third party. Except for the issuance of stock options under the Company’s stock option plans, the issuance of common stock under the Company’s employee stock purchase plan or upon exercise of outstanding options and warrants, the issuance of common stock purchase warrants, and the offering contemplated hereby, the Company has not engaged in any such offering during the six (6) months prior to the date of this agreementAgreement. The foregoing provisions shall not prevent the Company from filing a “shelf” registration statement pursuant to Rule 415 under the Securities Act, but the foregoing provisions shall apply to any sale of securities thereunder.

Limits on Additional Issuances. Except for the issuance of stock options under the Company’s stock option plans, the issuance of common stock under the Company’s employee stock purchase plan or upon exercise of outstanding options and warrants and the Offering offering contemplated hereby, the Company will not, for a period of six (6) months following the closing of the OfferingClosing Date, offer for sale or sell any securities unless, in the opinion of the Company’s counsel, such offer or sale does not jeopardize the availability of exemptions from the registration and qualification requirements under applicable securities laws with respect to the Offering. The foregoing shall not apply to securities issued in connection with any acquisition, including by way of merger, or purchase of stock or all or substantially all of the assets of any third party. Except for the issuance of stock options under the Company’s stock option plans, the issuance of common stock under the Company’s employee stock purchase plan or upon exercise of outstanding options and warrants, the issuance of common stock purchase warrants, and the offering contemplated hereby, the Company has not engaged in any such offering during the six (6) months prior to the date of this agreement. The foregoing provisions shall not prevent the Company from filing a “shelf” registration statement pursuant to Rule 415 under the Securities Act, but the foregoing provisions shall apply to any sale of securities thereunder.

Limits on Additional Issuances. Except for the issuance of stock options under the Company’s stock option plans, the issuance of common stock under the Company’s employee stock purchase plan or upon exercise of outstanding options and warrants and the Offering offering contemplated hereby, the Company will not, for a period of six (6) months following the final closing date of the Offering, offer for sale or sell any securities unless, in the opinion of the Company’s counsel, such offer or sale does not jeopardize the availability of exemptions from the registration and qualification requirements under applicable securities laws with respect to the Offering. The foregoing shall not apply to securities issued in connection with any acquisition, including by way of merger, or purchase of stock or all or substantially all of the assets of any third party. Except for the issuance of stock options under the Company’s stock option plans, the issuance of common stock under the Company’s employee stock purchase plan or upon exercise of outstanding options and warrants, the issuance of common stock purchase warrants, and the offering contemplated hereby, the Company has not engaged in any such offering during the six (6) months prior to the date of this agreement. The foregoing provisions shall not prevent the Company from filing a “shelf” registration statement pursuant to Rule 415 under the Securities Act, but the foregoing provisions shall apply to any sale of securities thereunder.

Limits on Additional Issuances. Except for the issuance of stock options options, restricted stock and stock appreciation rights under the Company’s stock option 's long term incentive plans, if any, the issuance of common Common Stock purchase warrants, or the issuance of Common Stock upon the conversion of preferred stock under the Company’s employee stock purchase plan or upon exercise of outstanding options and options, warrants and other equity-based rights and the Offering offering contemplated hereby, the Company will not, for a period of six (6) months following the closing of the OfferingTrigger Date, offer for sale or sell any securities unless, in the opinion of the Company’s 's counsel, such offer or sale does not jeopardize the availability of exemptions from the registration and qualification requirements under applicable securities laws with respect to the Offering. The foregoing shall not apply to securities issued in connection with any acquisition, including by way of merger, or purchase of stock or all or substantially all of the assets of any third party. Except for the issuance of stock options options, restricted stock and stock appreciation rights under the Company’s stock option 's long term incentive plans, the issuance of common Common Stock purchase warrants, or the issuance of Common Stock upon the conversion of preferred stock under the Company’s employee stock purchase plan or upon exercise of outstanding options options, warrants and warrants, the issuance of common stock purchase warrants, other equity-based rights and the offering contemplated hereby, the Company has not engaged in any such offering during the six (6) months six-month period prior to the date of this agreementAgreement. The foregoing provisions shall not prevent the Company from filing a “"shelf” " registration statement pursuant to Rule 415 under the Securities Act, but the foregoing provisions shall apply to any sale of securities thereunder.

Limits on Additional Issuances. Except for the issuance of stock options under the Company’s stock option plans, the issuance of common stock under the Company’s employee stock purchase plan or upon exercise of outstanding options and warrants and the Offering offering contemplated hereby, the Company will not, for a period of six (6) months following the final closing date of the OfferingPlacement, offer for sale or sell any securities unless, in the opinion of the Company’s counsel, such offer or sale does not jeopardize the availability of exemptions from the registration and qualification requirements under applicable securities laws with respect to the OfferingPlacement. The foregoing shall not apply to securities issued in connection with any acquisition, including by way of merger, or purchase of stock or all or substantially all of the assets of any third party. Except for the issuance of stock options under the Company’s stock option plans, the issuance of common stock under the Company’s employee stock purchase plan or upon exercise of outstanding options and warrants, the issuance of common stock purchase warrants, and the offering contemplated hereby, the Company has not engaged in any such offering during the six (6) months prior to the date of this agreement. The foregoing provisions shall not prevent the Company from filing a “universal shelf” registration statement pursuant to Rule 415 under the Securities Act, but the foregoing provisions shall apply to any sale of securities thereunder.

Limits on Additional Issuances. Except for the issuance of stock options under the Company’s 's stock option plans, the issuance of common stock under the Company’s 's employee stock purchase plan or upon exercise of outstanding options and warrants and the Offering offering contemplated hereby, the Company will not, for a period of six (6) months following the closing of the OfferingClosing Date, offer for sale or sell any securities unless, in the opinion of the Company’s 's counsel, such offer or sale does not jeopardize the availability of exemptions from the registration and qualification requirements under applicable securities laws with respect to the Offering. The foregoing shall not apply to securities issued in connection with any acquisition, including by way of merger, or purchase of stock or all or substantially all of the assets of any third party. Except for the issuance of stock options under the Company’s 's stock option plans, the issuance of common stock under the Company’s 's employee stock purchase plan or upon exercise of outstanding options and warrants, the issuance of common stock purchase warrants, and the offering contemplated hereby, the Company has not engaged in any such offering during the six (6) months prior to the date of this agreementAgreement. The foregoing provisions shall not prevent the Company from filing a “"shelf” " registration statement pursuant to Rule 415 under the Securities Act, but the foregoing provisions shall apply to any sale of securities thereunder.

Limits on Additional Issuances. Except for the issuance of stock options options, restricted stock and stock appreciation rights under the Company’s stock option 's long term incentive plans, the issuance of common Common Stock purchase warrants, or the issuance of Common Stock upon the conversion of preferred stock under the Company’s employee stock purchase plan or upon exercise of outstanding options and options, warrants and other equity-based rights and the Offering offering contemplated hereby, the Company will not, for a period of six (6) months following the closing of the OfferingClosing Date, offer for sale or sell any securities unless, in the opinion of the Company’s 's counsel, such offer or sale does not jeopardize the availability of exemptions from the registration and qualification requirements under applicable securities laws with respect to the Offering. The foregoing shall not apply to securities issued in connection with any acquisition, including by way of merger, or purchase of stock or all or substantially all of the assets of any third party. Except for the issuance of stock options options, restricted stock and stock appreciation rights under the Company’s stock option 's long term incentive plans, the issuance of common Common Stock purchase warrants, or the issuance of Common Stock upon the conversion of preferred stock under the Company’s employee stock purchase plan or upon exercise of outstanding options options, warrants and warrants, the issuance of common stock purchase warrants, other equity-based rights and the offering contemplated hereby, the Company has not engaged in any such offering during the six (6) months six-month period prior to the date of this agreementAgreement. The foregoing provisions shall not prevent the Company from filing a “"shelf” " registration statement pursuant to Rule 415 under the Securities Act, but the foregoing provisions shall apply to any sale of securities thereunder.

Limits on Additional Issuances. Except for the issuance of stock options options, restricted stock and stock appreciation rights under the Company’s stock option long term incentive plans, the issuance of common Common Stock purchase warrants, or the issuance of Common Stock upon the conversion of preferred stock under the Company’s employee stock purchase plan or upon exercise of outstanding options and options, warrants and other equity-based rights and the Offering offering contemplated hereby, the Company will not, for a period of six (6) months following the closing of the OfferingClosing Date, offer for sale or sell any securities unless, in the opinion of the Company’s counsel, such offer or sale does not jeopardize the availability of exemptions from the registration and qualification requirements under applicable securities laws with respect to the Offering. The foregoing shall not apply to securities issued in connection with any acquisition, including by way of merger, or purchase of stock or all or substantially all of the assets of any third party. Except for the issuance of stock options options, restricted stock and stock appreciation rights under the Company’s stock option long term incentive plans, the issuance of common Common Stock purchase warrants, or the issuance of Common Stock upon the conversion of preferred stock under the Company’s employee stock purchase plan or upon exercise of outstanding options options, warrants and warrants, the issuance of common stock purchase warrants, other equity-based rights and the offering contemplated hereby, the Company has not engaged in any such offering during the six (6) months prior to the date of this agreement. The foregoing provisions shall not prevent the Company from filing a “shelf” registration statement pursuant to Rule 415 under the Securities Act, but the foregoing provisions shall apply to any sale of securities thereunder.

Limits on Additional Issuances. Except for the issuance of stock options under the Company’s 's stock option plans, the issuance of common stock under the Company’s 's employee stock purchase plan or upon exercise of outstanding options and warrants and the Offering offering contemplated hereby, the Company will not, for a period of six (6) months following the closing of the OfferingClosing Date, offer for sale or sell any securities unless, in the opinion of the Company’s 's counsel, such offer or sale does not jeopardize the availability of exemptions from the registration and qualification requirements under applicable securities laws with respect to the Offering. The foregoing shall not apply to securities issued in connection with any acquisition, including by way of merger, or purchase of stock or all or substantially all of the assets of any third party. Except for the issuance of stock options under the Company’s 's stock option plans, the issuance of common stock under the Company’s 's employee stock purchase plan or upon exercise of outstanding options and warrants, the issuance of common stock purchase warrants, and the offering contemplated hereby, the Company has not engaged in any such offering during the six (6) months prior to the date of this agreement. The foregoing provisions shall not prevent the Company from filing a “"shelf” " registration statement pursuant to Rule 415 under the Securities Act, but the foregoing provisions shall apply to any sale of securities thereunder.

Limits on Additional Issuances. Except for the issuance of stock options under the Company’s stock option plans, the issuance of common stock registered pursuant to an effective shelf registration statement on file with the SEC, the issuance of common stock under the Company’s employee stock purchase plan or upon exercise of outstanding options and warrants and the Offering contemplated herebyOffering, the Company will not, for a period of six (6) months following the closing of the Offering, offer for sale or sell any securities unless, in the opinion of the Company’s counsel, such offer or sale does not jeopardize the availability of exemptions from the registration and qualification requirements under applicable securities laws with respect to the Offering. The foregoing shall not apply to securities issued in connection with any acquisition, including by way of merger, or purchase of stock or all or substantially all of the assets of any third party. Except for the issuance of stock options under the Company’s stock option plans, the issuance of common stock under the Company’s employee stock purchase plan or upon exercise of outstanding options and warrants, the issuance of common stock purchase warrants, and the offering contemplated hereby, the Company has not engaged in any such offering during the six (6) months prior to the date of this agreementAgreement. The foregoing provisions shall not prevent the Company from filing a “shelf” registration statement pursuant to Rule 415 under the Securities Act, but the foregoing provisions shall apply to any sale of securities thereunder.