Common use of Subsequent Equity Sales Clause in Contracts

Subsequent Equity Sales. (a) From the date hereof until sixty (60) days after the Effective Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights Agreement.

Subsequent Equity Sales. (a) From the date hereof until sixty (60) days after the Effective Datehereafter, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights AgreementEquivalents.

Subsequent Equity Sales. (a) From the date hereof until sixty (60) 30 days after the Effective Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights Agreement.

Subsequent Equity Sales. (a) From the date hereof until sixty ninety (6090) days after the Effective Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights Agreement.

Subsequent Equity Sales. (a) From the date hereof until sixty (60) days after following the Effective Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights Agreement.

Subsequent Equity Sales. (a) From Except with respect to the issuances described on Schedule 4.13 hereto, from the date hereof until sixty ninety (6090) days after the Effective Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights Agreement.

Subsequent Equity Sales. (a) From the date hereof until sixty (60) days after the Effective Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights AgreementEquivalents.

Subsequent Equity Sales. (a) From the date hereof until sixty ninety (6090) days after the Effective Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights Agreement.

Subsequent Equity Sales. (a) From the date hereof until sixty the date that is six (606) days after months following the Effective Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights AgreementEquivalents.

Subsequent Equity Sales. (ai) From the date hereof until sixty (60) 180 days after following the Effective Datedate hereof, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock ADSs, Ordinary Shares or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement theretoOrdinary Share Equivalents. For the purposes hereof, in each case other than as contemplated pursuant to the Registration Rights Agreement.“

Subsequent Equity Sales. (a) From Except as provided in paragraph (c) below, from the date hereof until sixty (60) 120 days after the Effective Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights Agreementwhich a Person is entitled to acquire shares of Common Stock at an effective price per share that is less than $3.25.

Subsequent Equity Sales. (a) From the date hereof until sixty (60) 30 days after the Effective Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or without the prior written approval of the Preferred Director (ii) file any registration statement or any amendment or supplement thereto, as defined in each case other than as contemplated pursuant to the Registration Rights AgreementSection 4.18).

Subsequent Equity Sales. (a) From the date hereof until sixty (60) 90 days after the Effective Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights Agreement.

Subsequent Equity Sales. (a) From the date hereof until sixty thirty (6030) days after the Effective DateDate (such applicable period, the “Restricted Period”), neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights Agreement.

Subsequent Equity Sales. (a) From the date hereof until sixty twelve (6012) days after the Effective Datemonths, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock Ordinary Shares or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights AgreementOrdinary Share Equivalents.

Subsequent Equity Sales. (ai) From the date hereof until the date that is sixty (60) days after following the Effective Datedate hereof, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights AgreementEquivalents.

Subsequent Equity Sales. (a) From the date hereof until sixty (60) 120 days after the Effective Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (iiEquivalents; provided, however, if such issuance is in connection with an up-listing to a “national securities exchange” as defined in Rule 600(b) file of Regulation NMS, such issuance may occur at any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to time after the Registration Rights AgreementReverse Stock Split Date.

Subsequent Equity Sales. (a) From the date hereof until sixty forty-five (6045) days after following the Effective Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights AgreementAgreement or filing a registration statement on Form S-8 in connection with any employee compensation plan.

Subsequent Equity Sales. (a) From the date hereof until sixty ninety (6090) days after following the Effective Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights Agreement.

Subsequent Equity Sales. (a) From the date hereof until sixty (60) 90 days after the Effective Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights Agreement.

Subsequent Equity Sales. (a) From the date hereof until sixty one hundred eighty (60180) days after following the Effective Closing Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or Equivalents, (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights AgreementProspectus or (iii) amend, modify or waiver the terms of any securities outstanding on the date hereof.

Subsequent Equity Sales. (a) From the date hereof until sixty (60) 60 days after the Effective Closing Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights AgreementProspectus Supplement.

Subsequent Equity Sales. (a) From the date hereof until sixty (60) days after the Effective Closing Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock ADSs, Ordinary Shares or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights AgreementOrdinary Share Equivalents.

Subsequent Equity Sales. (a) From the date hereof until sixty forty-five (6045) days after the Effective Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights Agreement.

Subsequent Equity Sales. (a) From the date hereof until sixty (60) 45 days after the Effective Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights Agreement.

Subsequent Equity Sales. (a) From the date hereof until sixty (60) 30 days after the Effective DateDate (the “Lock-Up Period”), neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights Agreement.

Subsequent Equity Sales. (a) From the date hereof until sixty (60) 90 days after the Effective Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights Agreement.

Subsequent Equity Sales. (a) From the date hereof until sixty forty-five (6045) days after the Effective Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock Ordinary Shares or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights AgreementOrdinary Share Equivalents.

Subsequent Equity Sales. (a) From the date hereof until sixty six (606) days months after the Effective Closing Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to without the Registration Rights Agreementprior written consent of the Representative.

Subsequent Equity Sales. (a) From the date hereof until sixty thirty (6030) days after the Effective Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights Agreement.

Subsequent Equity Sales. (a) From the date hereof until sixty (60) days after the Effective DateClosing, neither the Company nor any Subsidiary subsidiary shall (i) issue, enter into any agreement to issue issue, or announce the issuance or proposed issuance of any shares of Common Stock Ordinary Shares or Common Stock Equivalents Ordinary Share Equivalents, or (ii) file or amend any registration statement or any amendment or supplement theretoprospectus, in each case other than as contemplated pursuant necessary to maintain the Registration Rights registration of the Securities governed by this Agreement.

Subsequent Equity Sales. (a) From the date hereof until sixty (60) 60 days after the Effective Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights Agreement.

Subsequent Equity Sales. (a) From the date hereof until sixty (60) 90 days after the Effective Dateanniversary of the date of this Agreement, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights Agreement.

Subsequent Equity Sales. (a) From the date hereof until sixty (60) days after the Effective Date, neither the Company nor any Subsidiary shall (i) not issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights Agreementwithout Majority Approval.

Subsequent Equity Sales. (a) From the date hereof until sixty (60) days after the Effective Closing Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents without the written approval of the Purchasers of 50.1% or (ii) file any registration statement or any amendment or supplement theretogreater of the Securities issued hereunder, in each case other than as contemplated pursuant to the Registration Rights Agreementbased on initial Subscription Amounts hereunder.

Subsequent Equity Sales. (a) From the date hereof until sixty (60) days after 90 Trading Days following the Effective Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents Equivalents. Notwithstanding the foregoing, this Section 4.19 shall not apply in respect of (x) an Exempt Issuance or (iiy) file any filing by the Company of a registration statement statement, prospectus or any amendment other document with the Commission or supplement thereto, in each case other than as contemplated related announcement pursuant to the Investors’ Rights Agreement or the Registration Rights Agreement.

Subsequent Equity Sales. (a) From the Closing Date until the date hereof until sixty that is thirty (6030) trading days after the Effective Datethereafter, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of (i) Common Stock Shares or Common Stock Share Equivalents or (ii) file convertible debt securities (and underlying shares upon the conversion thereof) to any registration statement of the officers (or any amendment their affiliated entities) or supplement theretodirectors of the Company, in each case other than as contemplated pursuant to without the Registration Rights Agreementprior written consent of the Representative.

Subsequent Equity Sales. (a) From the date hereof until sixty (60) days after the Effective 180th day following the IPO Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights Agreement.

Subsequent Equity Sales. (a) From the date hereof until sixty (60) days after the Effective Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights Agreement.

Subsequent Equity Sales. (a) From the date hereof until sixty (60) 180 days after following the Effective Execution Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock ADSs, Ordinary Shares or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights AgreementOrdinary Share Equivalents.

Subsequent Equity Sales. (a) From the date hereof until sixty (60) days after the Effective Closing Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock Shares or Common Stock Share Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to without the Registration Rights Agreementprior written consent of the Representative.

Subsequent Equity Sales. (a) From the date hereof until sixty (60) 90 days after the Effective Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights AgreementAgreement or to register for resale the shares underlying the Company’s outstanding warrants.

Subsequent Equity Sales. (a) From the date hereof until sixty (60) 90 days after the Effective Closing Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights Agreement.

Subsequent Equity Sales. (a) From the date hereof until sixty ninety (6090) days after the Effective Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as (i) contemplated pursuant to the Registration Rights AgreementAgreement or (ii) necessary to maintain the effectiveness of existing registration statements which are effective as of the Effective Date.

Subsequent Equity Sales. (a) From the date hereof until sixty six (606) days after the Effective Datemonths, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement or any supplement or amendment or supplement thereto, in each case thereto (other than as contemplated pursuant to the Registration Rights Agreementin connection with this offering).

Subsequent Equity Sales. (a) From Without the prior consent of the Placement Agents or the Purchasers representing a majority of the aggregate Subscription Amount in this offering, from the date hereof until sixty (60) 60 days after the Effective Datedate hereof, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents Equivalents, except for any at-the-market offerings or (ii) file equity lines of credit or in connection with any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights Agreementstrategic collaboration.

Subsequent Equity Sales. (a) From the date hereof until sixty one hundred twenty (60120) days after the Effective Termination Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file file, amend or supplement any registration statement or any amendment or supplement theretostatement, in each case other than as a registration statement contemplated pursuant to by the Registration Rights Agreement.

Subsequent Equity Sales. (a) From the date hereof until sixty (60) 30 days after the Effective Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than (a) as contemplated pursuant to the Registration Rights AgreementAgreement or (b) the filing of a registration statement, including any amendment or supplement thereto, on Form S-8.

Subsequent Equity Sales. (a) From the date hereof until sixty (60) 90 days after the Effective Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights Agreement, and other than a prospectus supplement to be filed in connection with the Registered Direct.

Subsequent Equity Sales. (a) From the date hereof until sixty (60) days after the Effective Closing Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents without the express prior written consent of a majority in interest of the Purchasers, not to be unreasonably withheld or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights Agreementdelayed.

Subsequent Equity Sales. (a) From the date hereof until sixty (60) days after the Effective Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock Ordinary Shares or Common Stock Ordinary Share Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights Agreement.

Subsequent Equity Sales. (a) From Except with respect to the issuances described on Schedule 4.13 hereto, from the date hereof until sixty ninety (6090) days after the Effective Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock Ordinary Shares or Common Stock Ordinary Share Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights Agreement.

Subsequent Equity Sales. (a) From the date hereof until sixty forty-five (6045) days after the Effective Closing Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights AgreementProspectus.

Subsequent Equity Sales. (a) From the date hereof until [sixty (60) days days] after the Effective Closing Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock ADSs, Ordinary Shares or Common Stock Ordinary Share Equivalents or (ii) file any registration statement or any amendment or supplement theretoeach, in each case other than as contemplated pursuant to the Registration Rights Agreementa “Subsequent Placement”).

Subsequent Equity Sales. (a) From the date hereof until sixty one hundred twenty (60120) days after the Effective Closing Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement with the Commission related to the offering of any shares of Common Stock or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights AgreementCommon Stock equivalents.

Subsequent Equity Sales. (a) From the date hereof until sixty (60) 60 days after from the Effective Closing Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock ADSs, Ordinary Shares or Common Stock Ordinary Shares Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant except that the Company may enter into a public or private offering of convertible debt involving a Variable Rate Transaction of up to $800,000 (the Registration Rights Agreement“Exempt Offering”).

Subsequent Equity Sales. (a) From the date hereof until the date that is sixty (60) days after the Effective Dateeffective date of the Registration Statement, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights AgreementEquivalents.

Subsequent Equity Sales. (a) From the date hereof until sixty (60) days six months after the Effective Closing Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock Ordinary Shares, ADSs, or Common Stock Ordinary Share Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case thereto (other than as contemplated pursuant to the Registration Rights AgreementProspectus Supplement).

Subsequent Equity Sales. (a) From the date hereof until sixty (60) days after the Effective Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights AgreementAgreement or filing a registration statement on Form S-8 in connection with any employee benefit plan.

Subsequent Equity Sales. (a) From the date hereof until sixty thirty (6030) days after the Effective Closing Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents Equivalents, including, without limitation, the filing of a registration statement or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights Agreement.

Subsequent Equity Sales. (a) From the date hereof until sixty (60) days after the Effective Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock ADSs, Ordinary Shares or Common Stock Ordinary Share Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights Agreement.

Subsequent Equity Sales. (a) From the date hereof until sixty (60) 30 days after the Effective Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents Equivalents, other than a transaction for the sale of Company securities to one or more of the Purchasers that purchase a majority of the Preferred Stock sold pursuant to this Agreement or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights Agreement.

Subsequent Equity Sales. (a) From the date hereof until sixty (60) days after the Effective Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights Agreement.

Subsequent Equity Sales. (a) From the date hereof until sixty thirty-five (6035) days after the Effective Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock Ordinary Shares or Common Stock Ordinary Share Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights Agreement.

Subsequent Equity Sales. (a) From the date hereof until sixty ninety (6090) days after the Effective Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant the Prospectus Supplement or the filing of a registration statement or any amendment thereto with respect to the Registration Rights AgreementCommon Warrant Shares and the Private Placement.

Subsequent Equity Sales. (a) From the date hereof until sixty (60) 60 days after the Effective Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock Ordinary Shares or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights AgreementOrdinary Shares Equivalents.

Subsequent Equity Sales. (a) From the date hereof until sixty one hundred twenty (60120) days after the Effective Closing Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement with the Commission related to the offering of any shares of Common Stock or any amendment or supplement thereto, in each case Common Stock equivalents other than as contemplated pursuant to the Registration Rights AgreementProspectus Supplement.

Subsequent Equity Sales. (a) From the date hereof until sixty forty-five (6045) days after the Effective Date, Closing Date neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents Equivalents, without the prior approval of either not less than 50.1% of the holders in interest of the Shares based on the initial Subscription Amounts hereunder, or (ii) file any registration statement the Placement Agent, which approval shall not be unreasonably withheld or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights Agreementdelayed.

Subsequent Equity Sales. (ai) From the date hereof until sixty (60) days after the Effective Closing Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights this Agreement.

Subsequent Equity Sales. (a) From the date hereof until sixty (60) 60 days after the Effective Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock Ordinary Shares or Common Stock Ordinary Shares Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights Agreement.

Subsequent Equity Sales. (a) From the date hereof until sixty (60) 90 days after the Effective Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights AgreementAgreement or a Form S-8 to register securities under the Company’s stock option plan.

Subsequent Equity Sales. (a) From the date hereof until sixty (60) 30 days after the Effective Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents Equivalents. Notwithstanding the foregoing, this Section 4.12(a) shall not apply in respect of a bona fide firm commitment underwritten public offering of Common Stock or (ii) file any registration statement or any amendment or supplement theretoCommon Stock Equivalents, in each case other than as contemplated pursuant with gross cash proceeds to the Registration Rights AgreementCompany of $5,000,000 or more (a “Qualified Offering”).

Subsequent Equity Sales. (a) From the date hereof until sixty (60) 45 days after the Effective Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights Agreement, other than a Registration Statement on Form S-4 in connection with the redomestication of the Company.

Subsequent Equity Sales. (a) From the date hereof until sixty one hundred and eighty (60180) days after the Effective Closing Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue offer, sell, issue, or otherwise transfer or dispose of, directly or indirectly, or announce the issuance foregoing or proposed issuance of any shares of Common Stock capital stock of the Company or Common Stock Equivalents Equivalents; or (ii) file or caused to be filed any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant with the Commission relating to the Registration Rights Agreementoffering of any shares of capital stock of the Company or Common Stock Equivalents.

Subsequent Equity Sales. (a) From the date hereof until the later of (i) sixty (60) days after the Effective Date, and (ii) sixty (60) days after the “Shareholder Approval” (as defined in this Agreement) is obtained, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or equity of the Company or any Subsidiary, or (ii) file any registration statement or any amendment or supplement theretothereto on behalf of the Company or any Subsidiary, in each case other than as contemplated permitted pursuant to the Registration Rights Agreement.

Subsequent Equity Sales. (a) From the date hereof until sixty ninety (6090) days after the Effective Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights Agreement. Notwithstanding the foregoing, this Section 4.11 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. (a) From the date hereof until sixty six (606) days months after the Effective Closing Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights by this Agreement.

Subsequent Equity Sales. (a) From the date hereof until sixty (60) days after the Effective DateJune 12, 2009, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights AgreementEquivalents.

Subsequent Equity Sales. (a) From the date hereof until sixty (60) 60 days after the Effective Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents Equivalents, or (ii) file incur any registration statement Indebtedness, without the express prior written consent of a majority in interest of the Purchasers, not to be unreasonably withheld or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights Agreementdelayed.

Subsequent Equity Sales. (a) From the date hereof until sixty (60) days after the Effective Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights AgreementAgreement and other than any registration statement on Form S-8.

Subsequent Equity Sales. (a) From the date hereof until sixty twenty five (6025) calendar days after the Effective Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights AgreementAgreement (the "Lock-Up Period”).

Subsequent Equity Sales. (a) From the date hereof until sixty (60) days after the Effective Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights Agreement.

Subsequent Equity Sales. (a) From the date hereof until sixty (60) 90 days after the Effective Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant the Prospectus Supplement or the filing of a registration statement or any amendment thereto with respect to the Registration Rights AgreementPreferred Investment Option Shares and the Private Placement.

Subsequent Equity Sales. (a) From the date hereof until sixty (60) 30 days after the Effective Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights Agreement.

Subsequent Equity Sales. (a) From the date hereof until sixty (60) 180 days after the Effective Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights Agreement.

Subsequent Equity Sales. (a) From the date hereof until sixty (60) days after the Effective Dateeffectiveness of the Registration Statement, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights Agreement. Notwithstanding the foregoing, this Section 4.10 shall not apply in respect of any Exempt Issuances.

Subsequent Equity Sales. (a) From the date hereof until sixty thirty (6030) days after the Effective Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights Agreement.

Subsequent Equity Sales. (a) From the date hereof Effective Date until sixty ninety (6090) days after the Effective Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, except a registration statement on Form S-8. Notwithstanding the foregoing, this Section 4.17 shall not apply in each case other than as contemplated pursuant to the Registration Rights Agreementrespect of an Exempt Issuance.

Subsequent Equity Sales. (a) From the date hereof until sixty (60) 45 days after the Effective Datedate on which the registration statement required to be filed by the Registration Rights Agreement is declared effective, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights AgreementEquivalents.

Subsequent Equity Sales. (a) From the date hereof until sixty (60) 90 days after the Effective Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto. Notwithstanding the foregoing, this Section 4.12(a) may be waived in each case other than as contemplated pursuant to writing with the Registration Rights Agreementprior written consent of a majority in interest of the Purchasers hereunder (based on Subscription Amounts hereunder).

Subsequent Equity Sales. (a) From the date hereof until sixty (60) 90 calendar days after the Effective Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights AgreementAgreement or any amendments to registration statements filed prior to the date of this Agreement so long as no new securities are registered on any such existing registration statements.

Subsequent Equity Sales. (a) From the date hereof until sixty (60) 60 trading days after the Effective Closing Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights by this Agreement.

Subsequent Equity Sales. (a) From the date hereof until sixty (60) calendar days after the Effective Closing Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents Equivalents, or (ii) file any registration statement or any amendment or supplement thereto, in each case under the Securities Act other than as contemplated pursuant a resale registration statement relating to the Registration Rights AgreementWarrant Shares.

Subsequent Equity Sales. (a) From the date hereof until sixty ninety (6090) days after the Effective Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights Agreement, other than as otherwise permitted herein and the filing of any “shelf registration statement” on Form S-3.

Subsequent Equity Sales. (a) From the date hereof until sixty (60) 30 days after the Effective Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights Agreement.

Subsequent Equity Sales. (a) From the date hereof until sixty (60) days after the Effective Closing Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents Equivalents, or (ii) or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights AgreementProspectus Supplement.

Subsequent Equity Sales. (ai) From the date hereof until sixty ninety (6090) days after the Effective Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights this Agreement.

Subsequent Equity Sales. (a) From the date hereof until sixty (60) days after following the Effective DateDate pursuant to which all Shares and Warrant Shares are registered for resale, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights Agreement.

Subsequent Equity Sales. (a) From the date hereof until sixty ninety (6090) days after the Effective Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock Shares or Common Stock Shares Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights Agreement.

Subsequent Equity Sales. (a) From the date hereof until sixty ninety (6090) days after the Effective Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than as contemplated pursuant to the Registration Rights AgreementAgreement or a Registration Statement on Form S-8.