Common use of Restriction on Issuance of Capital Stock Clause in Contracts

Restriction on Issuance of Capital Stock. After the date hereof and prior to the Closing, the Company shall not authorize the issuance of any capital stock of the Company except for shares of capital stock issuable (i) upon the exercise of Outstanding Options or Outstanding Warrants and (ii) in accordance with the terms and provisions of Section 2 hereof.

Restriction on Issuance of Capital Stock. After From the date hereof and prior to until the ClosingFirst Closing Date, the Company shall not authorize the issuance of any capital stock of the Company except for shares of capital stock issuable (i) upon the exercise of Outstanding Options and warrants outstanding as of the date hereof, as set forth in Section 3.4, or Outstanding Warrants granted after the date hereof and approved by the Board of Directors of the Company and (ii) in accordance with as consideration for the terms and provisions acquisition of Section 2 hereof.Beta Analytics, Incorporated