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

Restriction on Sale of Capital Stock. (a) During the Commitment Period, the Company, except as set forth in Section 6.8(b) of this Agreement or as set forth on Schedule I, shall not without the prior written consent of the Investor not to be unreasonably withheld (i) issue or sell any Common Stock or Preferred Stock without consideration or for a consideration per share less than the average Bid Price for the 10 trading days prior to the date of issuance, (ii) issue or sell 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 per share less than the average Bid Price for the 10 trading days prior to the date of issuance, or (iii) file any registration statement on Form S-8 except to register securities to be issued under a stock incentive plan of the Company up to a maximum of 10% of the outstanding shares of Company Common Stock for each 12 month period commencing on the date of this Agreement.

Restriction on Sale of Capital Stock. (a) During the Commitment Period, the Company, except as set forth in Section 6.8(b6.7(b) of this Agreement or as set forth on Schedule IAgreement, the Company shall not not, without the prior written consent of the Investor not to be unreasonably withheld withheld, (i) issue or sell any Common Stock or Preferred Stock without consideration or for a consideration per share less than the average Bid Price of the Common Stock for the 10 trading days prior to the date of its issuance, (ii) issue or sell any Preferred Stock 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 per share less than the such Common Stock's average Bid Price for the 10 trading days prior to the date of its issuance, or (iii) file any registration statement on Form S-8 except to register securities to be issued under a stock incentive plan of the Company up to a maximum of 10% of the outstanding shares of Company Common Stock for each 12 month period commencing on the date of this Agreement.