No Sales of Common Stock. Not to sell, offer to sell, contract or agree to sell, hypothecate, pledge, grant any option to sell or otherwise dispose of or agree to dispose of, directly or indirectly, any shares of the Common Stock or securities convertible into or exchangeable or exercisable for the Common Stock or warrants or other rights to purchase the Common Stock or any other securities of the Company that are substantially similar to the Common Stock or permit the registration under the Act of any shares of the Common Stock, except for (i) the registration of the Shares and the sales through Wedbush pursuant to this Agreement, (ii) any shares of Common Stock issued by the Company upon the exercise of an option or warrant or the conversion of a security outstanding on the date hereof and referred to in the Prospectus, (iii) any shares of Common Stock issued or options to purchase Common Stock granted pursuant to existing employee benefit plans of the Company or (iv) any shares of Common Stock issued pursuant to any non-employee director stock plan, dividend reinvestment plan or stock purchase plan of the Company, during the Delivery Period, without (A) giving Wedbush at least three business days’ prior written notice specifying the nature of the proposed sale and the date of such proposed sale and (B) Wedbush suspending activity under this program for such period of time as requested by the Company.
Appears in 6 contracts
Samples: Equity Distribution Agreement (Anacor Pharmaceuticals Inc), Equity Distribution Agreement (Zalicus Inc.), Equity Distribution Agreement (Zalicus Inc.)