Common use of Subsequent Equity Issuances Clause in Contracts

Subsequent Equity Issuances. The Company shall not (i) 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) Trading 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 Stock or any Common Stock Equivalents (other than the Shares), subject to Manager’s right to waive this obligation, provided that, without compliance with the foregoing obligation, the Company may issue and sell Common 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 Stock issuable upon the conversion or exercise of Common Stock Equivalents outstanding at the Execution Time and (ii) shall not, in any other “at the market” offering or continuous equity transaction, offer, sell, issue, contract to sell, contract to issue or otherwise dispose of, directly or indirectly, any other shares of Common Stock or any Common Stock Equivalents (other than the Shares) prior to the termination of this Agreement.

Subsequent Equity Issuances. The Company shall not (i) 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) Trading 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 Stock or any Common Stock Equivalents (other than the Shares), subject to Manager’s right to waive this obligation, provided that, without compliance with the foregoing obligation, the Company may (i) issue and sell Common 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 Time, (ii) issue Common Stock issuable upon the conversion or exercise of Common Stock Equivalents outstanding at the Execution Time Time, (iii) issue Common Stock or securities convertible into or exercisable for Common Stock that are offered and (ii) shall notsold in privately negotiated transactions to vendors, customers, strategic partners or potential strategic partners or other investors conducted in any other “at a manner so as not to be integrated with the market” offering or continuous equity transaction, offer, sell, issue, contract to sell, contract to issue or otherwise dispose of, directly or indirectly, any other shares of Common Stock or any hereby and (iv) issue Common Stock Equivalents in connection with any acquisition, strategic investment or other similar transaction (other than the Shares) prior to the termination of this Agreementincluding any joint venture, strategic alliance or partnership).

Subsequent Equity Issuances. The Company shall not (i) deliver any Sales Notice hereunder (and any Sales Notice previously delivered shall not apply during such two three (23) Trading Days) for at least two three (23) Trading 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 Stock or any Common Stock Equivalents (other than the Shares), subject to Manager’s right to waive this obligation, provided that, without compliance with the foregoing obligation, the Company may (i) issue and sell Common Stock pursuant to any employee equity plan, consulting agreement, investor relations agreement, stock ownership plan or dividend reinvestment plan of the Company in effect at the Execution Time and the Company may Time, (ii) issue Common Stock issuable upon the conversion or exercise of Common Stock Equivalents outstanding at the Execution Time Time, (iii) issue Common Stock or securities convertible into or exercisable for Common Stock that are offered and (ii) shall notsold in privately negotiated transactions to vendors, customers, strategic partners or potential strategic partners or other investors conducted in any other “at a manner so as not to be integrated with the market” offering or continuous equity transaction, offer, sell, issue, contract to sell, contract to issue or otherwise dispose of, directly or indirectly, any other shares of Common Stock or any hereby and (iv) issue Common Stock Equivalents in connection with any acquisition, strategic investment or other similar transaction (other than the Shares) prior to the termination of this Agreementincluding any joint venture, strategic alliance or partnership).

Subsequent Equity Issuances. The Company shall not (i) deliver any Sales Notice hereunder (and any Sales Notice previously delivered shall not apply during such two (2) Trading three Business Days) for at least two three (23) Trading 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 Stock or any Common 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 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 Stock issuable upon the conversion or exercise of Common Stock Equivalents outstanding at the Execution Time and (ii) shall not, in any other “at the market” offering or continuous equity transaction, offer, sell, issue, contract to sell, contract to Company may issue or otherwise dispose of, directly or indirectly, any other shares of Common Stock or any Common Stock Equivalents in privately negotiated transactions to vendors, service providers, strategic partners or potential strategic partners, 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. (other than the Shares) prior to the termination of this Agreement.i)

Subsequent Equity Issuances. The Company shall not (i) deliver any Sales Notice hereunder (and any Sales Notice previously delivered shall not apply during such two (2) Trading three Business Days) for at least two three (23) Trading 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 Stock or any Common 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 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 Stock issuable upon the conversion or exercise of Common Stock Equivalents outstanding at the Execution Time and (ii) shall not, in any other “at the market” offering or continuous equity transaction, offer, sell, issue, contract to sell, contract to Company may issue or otherwise dispose of, directly or indirectly, any other shares of Common Stock or any Common Stock Equivalents (other than in a privately negotiated transactions to vendors, service providers, strategic partners or potential strategic partners, 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 Shares) prior offering of shares hereby and to the termination not constitute a distribution for purposes of this Agreement.Regulation M.