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 any distributor ----------- 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 the offer and sale of the Preferred 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 Preferred Stock, Warrant, or Securities under the Securities Act, except as contemplated by this Agreement.

No General Solicitation or Advertising. in Regard In regard to this -------------------------------------------------------- Transaction. Neither the transactions contemplated hereby, neither the Company nor any of its affiliates, Affiliates nor any distributor ----------- 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 the offer and sale respect to any of the Preferred Stock, the Conversion Shares, the Incentive Warrant, or Securitiesthe Warrant Shares, 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 Preferred Stock, Warrant, or Securities Common Stock under the Securities Act, except as contemplated by this Agreement.

No General Solicitation or Advertising. in Regard In regard to this -------------------------------------------------------- Transaction. Neither the transactions contemplated hereby, neither the Company nor any of its affiliates, Affiliates nor any distributor ----------- 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 any of the offer and sale of Commitment Shares, the Preferred Stock, Warrantthe Warrants, or Securitiesthe Warrant Shares, 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 Preferred Stock, Warrant, or Securities Common Stock under the Securities Act, except as contemplated by this Agreement.

No General Solicitation or Advertising. in Regard In regard to this -------------------------------------------------------- Transaction. Neither the transactions contemplated hereby, neither the Company nor any of its affiliates, Affiliates nor any distributor ----------- 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 the offer and sale respect to any of the Preferred StockCommitment Shares, Warrantthe Warrants, the Warrant Shares, the Convertible Note or Securitiesthe Note Conversion Shares, 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 Preferred Stock, Warrant, or Securities Common Stock under the Securities Act, except as contemplated by this Agreement.

No General Solicitation or Advertising. in Regard In regard to this -------------------------------------------------------- Transaction. Neither the -------------------------------------- transactions contemplated hereby, neither the Company nor any of its affiliates, Affiliates nor any distributor ----------- 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 the offer and sale respect to any of the Preferred StockCommitment Shares, Warrantthe Convertible Notes, the Warrants, or Securitiesthe Warrant Shares, 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 Preferred Stock, Warrant, or Securities Common Stock under the Securities Act, except as contemplated by this Agreement.

No General Solicitation or Advertising. in Regard In regard to this -------------------------------------------------------- Transaction. Neither the transactions contemplated hereby, neither the Company nor any of its affiliates, Affiliates nor any distributor ----------- 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 the offer and sale respect to any of the Warrant Shares, the Preferred Stock, Warrant, Stock or Securitiesthe Conversion Shares, 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 Warrant Shares, the Preferred Stock, Warrant, Stock or Securities the Conversion Shares under the Securities Act, except as contemplated by this Agreement.