Common use of Sales Through the Distribution Agent Clause in Contracts

Sales Through the Distribution Agent. The Company agrees that any offer to sell, any solicitation of an offer to buy or any sales of Common Stock or any other equity security of the Company shall only be effected by or through the Distribution Agent, on any single given date; provided, that (i) the foregoing limitation shall not apply to (A) the exercise of any option, warrant, right or any conversion privilege set forth in the instrument governing such securities or (B) sales solely to employees, directors or security holders of the Company or its subsidiaries (the “Subsidiaries”), or to a trustee or other person acquiring such securities for the accounts of such person and (ii) such limitation shall not apply (A) on any day during which no sales are made pursuant to this Agreement or (B) during a period in which the Company has notified the Distribution Agent that it will not sell Common Stock under this Agreement and (1) no Placement Notice is pending or (2) after a Placement Notice has been withdrawn.

Sales Through the Distribution Agent. The Company agrees that any offer to sell, any solicitation of an offer to buy or any sales of Common Stock or any other equity security of the Company shall only be effected by or through the Distribution Agent, on any single given date; provided, however, that (i) the foregoing limitation shall not apply to (A) the exercise of any option, warrant, right or any conversion privilege set forth in the instrument governing such securities or (B) sales solely to employees, directors or security holders of the Company or its subsidiaries (the “Subsidiaries”)subsidiaries, or to a trustee or other person acquiring such securities for the accounts of such person and (ii) such limitation shall not apply (A) on any day during which no sales are made pursuant to this Agreement or (B) during a period in which the Company has notified the Distribution Agent that it will not sell Common Stock under this Agreement and (1) no Placement Notice is pending or (2) after a Placement Notice has been withdrawn.