Common use of Restrictions on Certain Actions Clause in Contracts

Restrictions on Certain Actions. Investors hereby agree (subject to the occurrence of the Closing ) that for a period of one year from the Closing Date, Investors shall not, without the prior written approval of the Board of Directors of the Company, in any manner, directly or indirectly, acquire for their own accounts any Voting Securities (or beneficial ownership thereof), except by way of stock dividends or other distributions or offerings made available to holders of Voting Securities generally and except for acquisitions of Common Stock upon exercise of the Warrants (as defined herein) or upon exercise of the Warrants (as defined in the First Purchase Agreement). The parties acknowledge that various Affiliates of the Investors are brokers or investment advisors or are otherwise engaged in transactions in securities generally as part of their ordinary course of business. The parties agree that actions taken by Affiliates of the Investors as such in the ordinary course of their business, such as acting as broker for clients acquiring shares of Voting Securities, shall not be deemed a violation of any of the provisions of this Section 5.9.

Restrictions on Certain Actions. Investors hereby agree (subject to the occurrence of the Closing Closing) that for a period of one year from the Closing Date, Investors shall not, without the prior written approval of the Board of Directors of the Company, in any manner, directly or indirectly, acquire for their own accounts any Voting Securities (or beneficial ownership thereof), except by way of stock dividends or other distributions or offerings made available to holders of Voting Securities generally and except for acquisitions of Common Stock upon exercise of the Warrants (as defined herein) or ), upon exercise of the Warrants (as defined in the First Purchase Agreement), upon exercise of the Warrants (as defined in the Second Purchase Agreement) or upon conversion of the Loans (as defined in the Assignment Agreement) in accordance with the Equity Conversion Agreement (as defined in the Assignment Agreement). The parties acknowledge that various Affiliates of the Investors are brokers or investment advisors or are otherwise engaged in transactions in securities generally as part of their ordinary course of business. The parties agree that actions taken by Affiliates of the Investors as such in the ordinary course of their business, such as acting as broker for clients acquiring shares of Voting Securities, shall not be deemed a violation of any of the provisions of this Section 5.9.. ARTICLE VI

Restrictions on Certain Actions. Investors hereby agree (subject to the occurrence of the Closing Closing) that for a period of one year from the Closing Date, Investors shall not, without the prior written approval of the Board of Directors of the Company, in any manner, directly or indirectly, acquire for their own accounts any Voting Securities (or beneficial ownership thereof), except by way of stock dividends or other distributions or offerings made available to holders of Voting Securities generally and except for acquisitions of Common Stock upon exercise of the Warrants (as defined herein) or ), upon exercise of the Warrants (as defined in the First Purchase Agreement), upon exercise of the Warrants (as defined in the Second Purchase Agreement) or upon conversion of the Loans (as defined in the Assignment Agreement) in accordance with the Equity Conversion Agreement (as defined in the Assignment Agreement). The parties acknowledge that various Affiliates of the Investors are brokers or investment advisors or are otherwise engaged in transactions in securities generally as part of their ordinary course of business. The parties agree that actions taken by Affiliates of the Investors as such in the ordinary course of their business, such as acting as broker for clients acquiring shares of Voting Securities, shall not be deemed a violation of any of the provisions of this Section 5.9.