Common use of Subsequent Equity Issuances Clause in Contracts

Subsequent Equity Issuances. The Company shall not deliver any Sales Notice hereunder (and any Sales Notice previously delivered shall not apply during such three Business Days) for at least three (3) Business Days prior to 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 Common Shares or any Common Share Equivalents (other than the Shares), subject to Manager’s right to waive this obligation, provided that, without compliance with the foregoing obligation, (i) the Company may issue and sell Common Shares pursuant to any employee equity plan, stock ownership plan or dividend reinvestment plan of the Company in effect at the Execution Time and the Company may issue Common Shares issuable upon the conversion or exercise of Common Share Equivalents outstanding at the Execution Time, and (ii) the Company may issue Common Shares or any Common Share Equivalents in privately negotiated transactions to vendors, service providers, strategic partners or potential strategic partners or in connection with acquisition of businesses or assets, provided that such issuances are not made for capital raising purposes and are conducted in a manner so as not to be integrated with the offering of Shares hereby and to not constitute a distribution for purposes of Regulation M.

Subsequent Equity Issuances. The Company shall not deliver any Sales Notice hereunder (and any Sales Notice previously delivered shall not apply during such three Business Days) for at least three (3) Business Days prior to 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 Shares Stock or any Common Share Stock Equivalents (other than the Shares), subject to Manager’s right to waive this obligation, provided that, without compliance with the foregoing obligation, (i) the Company may issue and sell Common Shares Stock pursuant to any employee equity plan, stock ownership plan or dividend reinvestment plan of the Company in effect at the Execution Time and the Company may issue Common Shares Stock issuable upon the conversion or exercise of Common Share Stock Equivalents outstanding at the Execution Time, Time and (ii) the Company may issue shares of Common Shares Stock or any Common Share Stock Equivalents in privately negotiated transactions to vendors, service providers, strategic partners or potential strategic partners or in connection with acquisition of businesses or assetspartners, provided that such issuances are not made for capital raising purposes and are conducted in a manner so as not to be integrated with the offering of Shares hereby and to not constitute a distribution for purposes of Regulation M.

Subsequent Equity Issuances. The Company shall not deliver any Sales Notice hereunder (and any Sales Notice previously delivered shall not apply during such three Business Days) for at least three (3) Business Days prior to 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 Shares Stock or any Common Share Stock Equivalents (other than the Shares), subject to Manager’s right to waive this obligation, provided that, without compliance with the foregoing obligation, (i) the Company may issue and sell Common Shares Stock pursuant to any employee equity plan, stock ownership plan or dividend reinvestment plan of the Company in effect at the Execution Time and the Company may issue Common Shares Stock issuable upon the conversion or exercise of Common Share Stock Equivalents outstanding at the Execution Time, Time and (ii) the Company may issue shares of Common Shares Stock or any Common Share Stock Equivalents in a privately negotiated transactions to vendors, service providers, strategic partners or potential strategic partners or in connection with acquisition of businesses or assetspartners, provided that such issuances are not made for capital raising purposes and are conducted in a manner so as not to be integrated with the offering of Shares shares hereby and to not constitute a distribution for purposes of Regulation M.

Subsequent Equity Issuances. The Company shall not deliver any Sales Notice hereunder (and any Sales Notice previously delivered shall not apply during such three Business Days) for at least three (3) Business Days prior to 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 Shares Stock or any Common Share Stock Equivalents (other than the Shares), subject to Manager’s right to waive this obligation, provided that, without compliance with the foregoing obligation, (i) the Company may issue and sell Common Shares Stock pursuant to any employee equity plan, stock ownership plan or dividend reinvestment plan of the Company in effect at the Execution Time and the Company may issue Common Shares Stock issuable upon the conversion or exercise of Common Share Stock Equivalents outstanding at the Execution Time, Time and (ii) the Company may issue shares of Common Shares Stock or any Common Share Stock Equivalents in privately negotiated transactions to vendors, service providers, strategic partners or potential strategic partners or in connection with acquisition of businesses or assets, provided that such issuances are not made for capital raising purposes and are conducted in a manner so as not to be integrated with the offering of Shares hereby and to not constitute a distribution for purposes of Regulation M.

Subsequent Equity Issuances. The Company shall not deliver any Sales Notice hereunder (and any Sales Notice previously delivered shall not apply during such three Business Days) for at least three (3) Business Days prior to 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 Shares Stock or any Common Share Stock Equivalents (other than the Shares), subject to Manager’s right to waive this obligation, provided that, without compliance with the foregoing obligation, (i) the Company may issue and sell Common Shares Stock pursuant to any employee equity plan, stock ownership plan, dividend reinvestment plan or dividend reinvestment other similar plan of the Company in effect at the Execution Time and the Company may issue Common Shares Stock issuable upon the conversion or exercise of Common Share Stock Equivalents outstanding at the Execution Time, Time and (ii) the Company may issue shares of Common Shares Stock or any Common Share Stock Equivalents in privately negotiated transactions to vendors, service providers, strategic partners or potential strategic partners or in connection with acquisition of businesses or assetspartners, provided that such issuances are not made for capital raising purposes and are conducted in a manner so as not to be integrated with the offering of Shares hereby and to not constitute a distribution for purposes of Regulation M.