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

Restriction on Sale of Capital Stock. During the Commitment Period, the Company shall provide five (5) days' advance written notice to the Investor before (i) issuing or selling any 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) issuing or selling 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 such Common Stock's Bid Price determined immediately prior to its issuance, or (iii) filing any registration statement on Form S-8, except for shares issued in connection with an equity incentive plan approved by the shareholders of the Company which shall initially be approximately 2,300,000 shares of Common Stock issuable under the Company's 2003 Equity Inventive Plan.

Restriction on Sale of Capital Stock. During the Commitment Period, the Company shall provide five not, without first providing ten (510) days' advance written notice to the Investor before Investor, (i) issuing issue or selling sell any Common Stock or Preferred Stock without consideration or for a consideration per share less than the bid price closing Bid Price of the Common Stock determined immediately prior to its issuance, (ii) issuing issue or selling 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 such Common Stock's closing Bid Price determined immediately prior to its issuance, or (iii) filing file any registration statement on Form S-8S-8 , except for shares issued in connection with an equity incentive plan approved by the shareholders of the Company which shall initially be approximately 2,300,000 to register up to 9,000,000 shares of Common Stock issuable under common stock issued pursuant to the CompanyObligor's 2003 Equity Inventive Plan2005 stock option plan.

Restriction on Sale of Capital Stock. During the Commitment Period, the Company shall provide not, without five (5) days' advance business days prior written notice to the Investor before Investor, issue or sell (i) issuing or selling any 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) issuing issue or selling 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 such Common Stock's Bid Price determined immediately prior to its issuance, or (iii) filing file any registration statement on Form S-8, except for shares issued in connection with an equity incentive plan approved by the shareholders of the Company which shall initially be approximately 2,300,000 shares of Common Stock issuable under the Company's 2003 Equity Inventive Plan.

Restriction on Sale of Capital Stock. During the Commitment Period, the Company shall provide five not, without ten (510) days' advance calendar days prior written notice to the Investor before Investor, (i) issuing issue or selling sell any Common Stock or Preferred Stock 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) issuing issue or selling 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 such Common Stock's the Bid Price of the Common Stock determined immediately prior to its issuance, or (iii) filing file any registration statement on Form S-8, except for shares issued in connection with an equity incentive plan approved by the shareholders of the Company which shall initially be approximately 2,300,000 shares of Common Stock issuable under the Company's 2003 Equity Inventive Plan.

Restriction on Sale of Capital Stock. During the Commitment Period, the Company shall provide five not, without ten (510) days' advance business days prior written notice to the Investor before Investor, issue or sell (i) issuing or selling any 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) issuing issue or selling 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 such Common Stock's ’s Bid Price determined immediately prior to its issuance, or (iii) filing file any registration statement on Form S-8, except for shares issued in connection with an equity incentive plan approved by the shareholders of the Company which shall initially be approximately 2,300,000 shares of Common Stock issuable under the Company's 2003 Equity Inventive Plan.

Restriction on Sale of Capital Stock. During the Commitment Period, the Company shall provide not, without first providing the Investor with five (5) days' ’ advance written notice to the Investor before notice, (i) issuing issue or selling sell any Common Stock or Preferred Stock 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) issuing issue or selling 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 such Common Stock's ’s Bid Price determined immediately prior to its issuance, or (iii) filing file any registration statement on Form S-8, except for shares issued in connection with an equity incentive plan approved by the shareholders of the Company which shall initially be approximately 2,300,000 shares of Common Stock issuable under the Company's 2003 Equity Inventive Plan.

Restriction on Sale of Capital Stock. During the Commitment Period, the Company shall provide five not, without first providing the Investor with thirty (530) days' advance written notice to the Investor before notice, (i) issuing issue or selling sell any 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) issuing issue or selling 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 such Common Stock's Bid Price determined immediately prior to its issuance, or (iii) filing file any registration statement on Form S-8, S-8 except for shares issued in connection with an equity incentive plan approved by the shareholders of the Company which shall initially be approximately 2,300,000 to register up to 4,000,000 shares of Common Stock issuable to be issued to employees under the Company's 2003 Equity Inventive Plana bona fide employee stock incentive plan.