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 not, without ten (10) calendar days prior written notice to the Investor, (i) issue or 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) 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 Bid Price of the Common Stock determined immediately prior to its issuance, or (iii) file any registration statement on Form S-8.

Restriction on Sale of Capital Stock. During the Commitment Period, the Company shall not, without first providing ten (10) calendar days prior days' advance written notice to the Investor, (i) issue or sell any Common Stock or Preferred Stock without consideration or for a consideration per share less than the closing Bid Price of the Common Stock determined immediately prior to its 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 such Common Stock's closing Bid Price of the Common Stock determined immediately prior to its issuance, or (iii) file any registration statement on Form S-8S-8 , except to register up to 9,000,000 shares of common stock issued pursuant to the Obligor's 2005 stock option plan.

Restriction on Sale of Capital Stock. During the Commitment Period, the Company shall not, without ten (10) calendar business days prior written notice to the Investor, issue or sell (i) issue or 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) 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 such Common Stock’s Bid Price of the Common Stock determined immediately prior to its issuance, or (iii) file any registration statement on Form S-8.

Restriction on Sale of Capital Stock. During the Commitment Period, the Company shall not, without ten first providing the Investor with five (105) calendar days prior days’ advance written notice to the Investornotice, (i) issue or 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) 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 such Common Stock’s Bid Price of the Common Stock determined immediately prior to its issuance, or (iii) file any registration statement on Form S-8.

Restriction on Sale of Capital Stock. During the Commitment Period, the Company shall not, without ten provide five (105) calendar days prior days' advance written notice to the Investor, Investor before (i) issue issuing or sell selling 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) issue issuing or sell 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 the such Common Stock's Bid Price of the Common Stock determined immediately prior to its issuance, or (iii) file 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.