Common use of Subsequent Equity Issuances Clause in Contracts

Subsequent Equity Issuances. The Company shall not deliver any Sales Notice hereunder for at least two (2) Business Days (provided that, if a sale of Shares hereunder has occurred but not yet settled, for at least three (3) Business Days prior to such date) prior to the date on which the Company or any Subsidiary offers, sells, issues, contracts to sell, contracts to issue or otherwise disposes of, directly or indirectly, any other shares of Common Stock or any Common Stock Equivalents (other than the Shares), subject to Manager’s right to waive this obligation; provided, however, that, without compliance with the foregoing obligation, the Company may (i) issue and sell Common Stock pursuant to any employee stock option plan, stock ownership plan or dividend reinvestment plan of the Company, (ii) issue Common Stock issuable upon the conversion or exercise of Common Stock Equivalents and (iii) issue Common Stock to employees, directors, officers, consultants and advisors as compensation for employment or services in the ordinary course of business.

Subsequent Equity Issuances. The Company shall not deliver any Sales Notice hereunder (and any Sales Notice previously delivered shall not apply during such two (2) Trading Days) for at least two (2) Business Days (provided that, if a sale of Shares hereunder has occurred but not yet settled, for at least three (3) Business Trading Days prior to such date) prior to the any date on which the Company or any Subsidiary offers, sells, issues, contracts to sell, contracts to issue or otherwise disposes of, directly or indirectly, any other shares of Common Stock or any Common Stock Equivalents (other than the Shares), subject to Manager’s right to waive this obligation; provided, however, provided that, without compliance with the foregoing obligation, the Company may (i) issue and sell Common Stock pursuant to any employee stock option equity plan, stock ownership plan or dividend reinvestment plan of the CompanyCompany , (ii) issue Common Stock issuable upon the conversion or exercise of Common Stock Equivalents outstanding at the Execution Time and (iii) issue Common Stock to employees, directors, officers, consultants and advisors as compensation for employment or services in the ordinary course of business.

Subsequent Equity Issuances. The Company shall not deliver any Sales Notice hereunder for at least two (2and any Sales Notice previously delivered shall not apply during such three (3) Business Days (provided that, if a sale of Shares hereunder has occurred but not yet settled, Days) for at least three (3) Business Days prior to such date) prior to the any date on which the Company or any Subsidiary offers, sells, issues, contracts to sell, contracts to issue or otherwise disposes of, directly or indirectly, any other shares of Common Stock or any Common Stock Equivalents (other than the Shares), subject to Manager’s right to waive this obligation; provided, however, provided that, without compliance with the foregoing obligation, the Company may (i) issue and sell Common Stock pursuant to any employee stock option equity plan, stock ownership plan or dividend reinvestment plan of the Company, (ii) issue Common Stock issuable upon the conversion or exercise of outstanding Common Stock Equivalents and (iii) issue Common Stock to employees, directors, officers, consultants and advisors as compensation for employment or services to the Company in the ordinary course of business.

Subsequent Equity Issuances. The Company shall not deliver any Sales Notice hereunder (and any Sales Notice previously delivered shall not apply during such two (2) Trading Days) for at least two (2) Business Days (provided that, if a sale of Shares hereunder has occurred but not yet settled, for at least three (3) Business Trading Days prior to such date) prior to the any date on which the Company or any Subsidiary offers, sells, issues, contracts to sell, contracts to issue or otherwise disposes of, directly or indirectly, any other shares of Common Stock or any Common Stock Equivalents (other than the Shares), subject to Manager’s right to waive this obligation; provided, however, provided that, without compliance with the foregoing obligation, the Company may (i) issue and sell Common Stock pursuant to any employee stock option and/or consultant equity incentive plan, stock ownership plan or dividend reinvestment plan of the Company, Company in effect at the Execution Time (ii) issue Common Stock issuable upon the conversion or exercise of Common Stock Equivalents outstanding at the Execution Time and (iii) issue Common Stock to employees, directors, officers, consultants and advisors as compensation for employment or services in the ordinary course of businessbusiness as set forth in the SEC Reports.

Subsequent Equity Issuances. The Company shall not deliver any Sales Notice hereunder for at least two (2) Business Days (provided that, if a sale of Shares hereunder has occurred but not yet settled, for at least three (3) Business Days prior to such date) prior to the date on which the Company or any Subsidiary offers, sells, issues, contracts to sell, contracts to issue or otherwise disposes of, directly or indirectly, any other shares of Common Stock or any Common Stock Equivalents (other than the Shares), subject to Manager’s right to waive this obligation; provided, however, that, without compliance with the foregoing obligation, the Company may (i) issue and sell Common Stock pursuant to any employee stock option plan, stock ownership plan or dividend reinvestment plan of the CompanyCompany in effect at the Execution Time, (ii) issue Common Stock issuable upon the conversion or exercise of Common Stock Equivalents and (iii) issue Common Stock to employees, directors, officers, consultants and advisors as compensation for employment or services in the ordinary course of business.