Common use of No General Solicitation or Advertising Clause in Contracts

No General Solicitation or Advertising. in Regard to this -------------------------------------------------------------- Transaction. Neither the Company nor any of its affiliates nor, to the ----------- knowledge of the Company, any person acting on its or their behalf (i) has conducted or will conduct any general solicitation (as that term is used in Rule 502(c) of Regulation D) or general advertising with respect to the sale of the Convertible Debentures, or (ii) made any offers or sales of any security or solicited any offers to buy any security under any circumstances that would require registration of the Convertible Debentures or the Conversion Shares and Warrant Shares, under the Securities Act.

No General Solicitation or Advertising. in Regard to this -------------------------------------------------------------- -------------------------------------------------------- Transaction. Neither the Company nor any of its affiliates noraffiliates, to the nor any distributor ----------- knowledge of the Company, or any person acting on its or their behalf (i) has conducted or will conduct any general solicitation (as that term is used in Rule 502(c) of Regulation D) or general advertising in connection with respect to the offer and sale of the Convertible DebenturesPreferred Stock, Warrant, or Securities, or (ii) has made any offers or sales of any security or solicited any offers to buy any security under any circumstances that would require registration of the Convertible Debentures Preferred Stock, Warrant, or the Conversion Shares and Warrant Shares, Securities under the Securities Act, except as contemplated by this Agreement.

No General Solicitation or Advertising. in Regard to this -------------------------------------------------------------- -------------------------------------------------------- Transaction. Neither the Company nor any of its affiliates nor, to the knowledge ----------- knowledge of the Company, any person acting on its or their behalf (ia) has conducted or will conduct any general solicitation (as that term is used in Rule 502(c) of Regulation D) or general advertising with respect to the sale of the Convertible DebenturesDebentures or the Warrants, or (iib) made any offers or sales of any security or solicited any offers to buy any security under any circumstances that would require registration of the Convertible Debentures or the Conversion Shares and the Warrants and Warrant Shares, under the Securities Act.

No General Solicitation or Advertising. in Regard to this -------------------------------------------------------------- -------------------------------------------------------- Transaction. Neither the Company nor any of its affiliates nor, to the knowledge ----------- knowledge of the Company, any person acting on its or their behalf (i) has conducted or will conduct any general solicitation (as that term is used in Rule 502(c) of Regulation D) or general advertising with respect to the sale of the Convertible DebenturesDebentures or the Warrants, or (ii) made any offers or sales of any security or solicited any offers to buy any security under any circumstances that would require registration of the Convertible Debentures Debentures, the Conversion Shares, the Warrants or the Conversion Warrant Shares and Warrant Shares, under the Securities Act.

No General Solicitation or Advertising. in Regard to this -------------------------------------------------------------- -------------------------------------------------------- Transaction. Neither the Company nor any of its affiliates nor, to the knowledge ----------- knowledge of the Company, any person acting on its or their behalf (i) has conducted or will conduct any general solicitation (as that term is used in Rule 502(c) of Regulation D) or general advertising with respect to the sale of the Convertible DebenturesCommon Stock or the Warrants, or (ii) made any offers or sales of any security or solicited any offers to buy any security under any circumstances that would require registration of the Convertible Debentures Common Stock, the shares of Common Stock, the Warrants or the Conversion Warrant Shares and Warrant Shares, under the Securities Act.