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

Restriction on Issuance of the Capital Stock. So long as any Convertible Debentures are outstanding, other than Excluded Securities (as defined in the Convertible Debentures), the Company shall not, without the prior written consent of the Buyer(s), (i) issue or sell shares of Common Stock or preferred stock without consideration or for a consideration per share less than the bid price of the Common Stock determined immediately prior to its issuance, (ii) issue any preferred stock, warrant, option, right, contract, call, or other security or instrument granting the holder thereof the right to acquire Common Stock without consideration or for a consideration less than such Common Stock’s Bid Price determined immediately prior to it’s issuance, or (ii) file any registration statement on Form S-8.

Restriction on Issuance of the Capital Stock. So long as any Convertible Debentures are outstanding, other than Excluded Securities (as defined in the Convertible Debentures), the Company shall not, except as provided in the Disclosure Schedule to this Agreement, without the prior written consent of the Buyer(s), (i) issue or sell shares of Common Stock or preferred stock Preferred Stock (i) without consideration or for a consideration per share less than the bid price Bid Price of the Common Stock determined immediately prior to its issuance, (ii) issue any preferred stock, warrant, option, right, contract, call, or other security or instrument granting the holder thereof thereof, the right to acquire Common Stock without consideration or for a consideration less than such Common Stock’s 's Bid Price value determined immediately prior to it’s 's issuance, (iii) enter into any security instrument granting the holder a security interest in any and all assets of the Company, or (iiiv) file any registration statement on Form S-8.

Restriction on Issuance of the Capital Stock. So long as any Convertible Debentures are outstanding, other than Excluded Securities (as defined in the Convertible Debentures), the Company shall not, without the prior written consent of the Buyer(s), (i) issue or sell shares of Common Stock or preferred stock Preferred Stock without consideration or for a consideration per share less than the bid price of the Common Stock Stock, as quoted by Bloomberg, LP (the "Bid Price"), determined immediately prior to its issuance, (ii) issue any preferred stock, warrant, option, right, contract, call, or other security or instrument granting the holder thereof the right to acquire Common Stock without consideration or for a consideration less than such Common Stock’s 's Bid Price determined immediately prior to it’s 's issuance, or (ii) file any registration statement on Form S-8.,

Restriction on Issuance of the Capital Stock. So long as any Convertible Debentures are outstanding, other than except for Excluded Securities (as defined in the Convertible DebenturesWarrant), the Company shall not, without the prior written consent of the Buyer(s), Buyer: (i) issue or sell shares of Common Stock or preferred stock Preferred Stock without consideration or for a consideration per share less than the bid price of the Common Stock determined immediately prior to its issuance, (ii) issue any preferred stock, warrant, option, right, contract, call, or other security or instrument granting the holder thereof the right to acquire Common Stock without consideration or for a consideration less than such Common Stock’s 's Bid Price determined immediately prior to it’s its issuance, (iii) enter into any security instrument granting the holder a security interest in any and all assets of the Company, or (iiiv) file any registration statement on Form S-8.

Restriction on Issuance of the Capital Stock. So long as any Convertible Debentures are outstanding, other than Excluded Securities (as defined in except with respect to shares of stock issued upon the Convertible Debentures)exercise of options and warrants outstanding on the date hereof, the Company shall not, without the prior written consent of the Buyer(s), (i) issue or sell shares of Common Stock or preferred stock Preferred Stock without consideration or for a consideration per share less than the bid price of the Common Stock determined immediately prior to its issuance, (ii) issue any preferred stock, warrant, option, right, contract, call, or other security or instrument granting the holder thereof the right to acquire Common Stock without consideration or for a consideration less than such Common Stock’s 's Bid Price determined immediately prior to it’s 's issuance, (iii) enter into any security instrument granting the holder a security interest in any and all assets of the Company, or (iiiv) file any registration statement on Form S-8.

Restriction on Issuance of the Capital Stock. So long as any Convertible Debentures are outstanding, other than Excluded Securities (as defined in the Convertible Debentures), the Company shall not, without the prior written consent of the Buyer(s), (i) issue or sell shares of Common Stock or preferred stock Preferred Stock without consideration or for a consideration per share less than the bid price of the Common Stock determined immediately prior to its issuance, (ii) issue any preferred stock, warrant, option, right, contract, call, or other security or instrument granting the holder thereof the right to acquire Common Stock without consideration or for a consideration less than such Common Stock’s Bid Price determined immediately prior to it’s issuance, (iii) enter into any security instrument granting the holder a security interest in any and all assets of the Company, or (iiiv) file any registration statement on Form S-8.