Sales by Purchasers. Each Purchaser will sell any Securities held by it in compliance with applicable prospectus delivery requirements, if any, or otherwise in compliance with the requirements for an exemption from registration under the Securities Act and the rules and regulations promulgated thereunder. No Purchaser will make any sale, transfer or other disposition of the Securities in violation of federal or state securities laws.
Sales by Purchasers. Each Purchaser, severally and not jointly with the other Purchasers, agrees that the removal of the restrictive legend from certificates representing Securities as set forth in Section 5.1 is predicated upon the Company’s reliance that the Purchaser will sell any Securities pursuant to either the registration requirements of the Securities Act, including any applicable prospectus delivery requirements, or an exemption therefrom.
Sales by Purchasers. The Purchaser shall sell any and all Registrable Securities (as defined below) purchased hereby in compliance with applicable prospectus delivery requirements, if any, or otherwise in compliance with the requirements for an exemption from registration under the Securities Act and the rules and regulations promulgated thereunder. The Purchaser will not make any sale, transfer or other disposition of the Securities in violation of federal or state securities or “blue sky” laws and regulations.
Sales by Purchasers. Each Purchaser will sell any Securities and, if applicable, any Warrant Shares held by it in compliance with applicable prospectus delivery requirements, if any, or otherwise in compliance with the requirements for an exemption from registration under the Securities Act and the rules and regulations promulgated thereunder. No Purchaser will make any sale, transfer or other disposition of the Securities or, if applicable, Warrant Shares in violation of federal or state securities laws. Puissance Capital Management further acknowledges that it will be subject to “lock-up” obligations restricting its ability to sell, directly or indirectly, the Shares, Warrants and Warrant Shares for a period of 180 days following the Closing Date.
Sales by Purchasers. Each Purchaser will sell any Securities and Exercise Shares held by it in compliance with applicable prospectus delivery requirements, if any, or otherwise in compliance with the requirements for an exemption from registration under the Securities Act. No Purchaser will make any sale, transfer or other disposition of the Securities in violation of federal or state securities laws.
Sales by Purchasers. Each Purchaser will sell any Units and Warrant Shares held by it in compliance with applicable prospectus delivery requirements, if any, or otherwise in compliance with the requirements for an exemption from registration under the Securities Act and the rules and regulations promulgated thereunder. No Purchaser will make any sale, transfer or other disposition of the Units in violation of federal or state securities laws.
Sales by Purchasers. Except as otherwise provided herein and except for transfers to Affiliates, no Purchaser will make any sale, transfer or other disposition of the Shares without the prior written consent of the Company. Each Purchaser agrees that it will comply with the prospectus delivery requirements of the Securities Act as applicable to it in connection with the sale of Registrable Securities pursuant to the Registration Statement or otherwise comply with the requirements for an exemption from registration under the Securities Act and the rules and regulations promulgated thereunder. No Purchaser will make any sale, transfer or other disposition of the Shares or the Conversion Shares in violation of United States federal or state securities Laws or the terms of this Agreement.
Sales by Purchasers. Each Purchaser agrees that it will comply with the prospectus delivery requirements of the Securities Act as applicable to it in connection with the sales of Registrable Securities pursuant to the Registration Statement or otherwise comply with the requirements for an exemption from registration under the Securities Act and the rules and regulations promulgated thereunder. No Purchaser will make any sale, transfer, pledge or other disposition of the Securities in violation of U.S. federal or state or foreign securities laws or the terms of this Agreement.
Sales by Purchasers. Each Purchaser will sell any Shares held by it in compliance with applicable prospectus delivery requirements, if any, or otherwise in compliance with the requirements for an exemption from registration under the Securities Act and the rules and regulations promulgated thereunder.
Sales by Purchasers. Each Purchaser will sell any Units (and components thereof) held by it in compliance with applicable prospectus delivery requirements, if any, or otherwise in compliance with the requirements for an exemption from registration under the Securities Act and the rules and regulations promulgated thereunder. No Purchaser will make any sale, transfer or other disposition of the Units (or components thereof) in violation of federal or state securities laws. Whenever the Company is required to cause unlegended certificates to replace previously issued legended certificates, if unlegended certificates are not delivered to a Purchaser within three (3) Business Days of submission by that Purchaser of legended certificate(s) to the Company’s transfer agent together with a representation letter in customary form reasonably acceptable to the transfer agent, the Company shall be liable to the Purchaser for liquidated damages in an amount equal to one-thirtieth (1/30) of 1.5% of the aggregate Purchase Price of the Shares and Warrant Shares evidenced by such certificate(s) for each day beyond such three (3) Business Days that the unlegended certificates have not been so delivered (the “Delivery Penalty”). The Company shall deliver said cash payment to the Purchaser by the fifth Business Day after the end of such period. The Purchasers agree that to the extent it is finally adjudicated by a court of competent jurisdiction or another alternative dispute resolution proceeding acceptable to the parties that the Purchasers are entitled to payments from the Company with respect to any actions, causes of action, suits, claims, losses, costs, penalties, fees, liabilities, damages, or expenses arising in connection with this Section 4.7, the amount of such payments shall be offset by the amount of any previous Delivery Penalty paid by the Company.
