Common use of Subsequent Equity Sales Clause in Contracts

Subsequent Equity Sales. From the date hereof until 60 days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. (a) From the date hereof until 60 ninety (90) days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock Shares or Common Stock EquivalentsShare Equivalents without the prior written consent of the Representative. Notwithstanding the foregoing, this Section 4.10 4.20 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 90 days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 4.12 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 30 days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. (a) From the date hereof until 60 180 days after the from Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding ; and (b) notwithstanding the foregoing, this Section 4.10 4.20 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 the date which is forty five (45) days after the Closing Date, neither the Company nor any Subsidiary shall 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. Notwithstanding , other than the foregoingSecurities, or file any registration statement (other than any post-effective amendment to any currently effective registration statement of the Company which does not register any additional securities); provided, however, that this Section 4.10 4.12 shall not apply in respect of an to Exempt IssuanceIssuances.

Subsequent Equity Sales. From the date hereof until 60 90 days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 4.12 shall not apply in respect of an Exempt Issuance, except that no Variable Rate Transaction shall be an Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 45 days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 4.12 shall not apply in respect of an Exempt Issuance, except that no Variable Rate Transaction shall be an Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 days after following the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 4.21 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 30 days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 4.12 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 one hundred eighty (180) days after following the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, ; provided that this Section 4.10 4.20 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 90 days after following the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 4.21 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 ninety (90) days after following the Closing Date, neither the Company nor any Subsidiary shall 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. Notwithstanding the foregoing, this Section 4.10 4.19 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 forty five (45) days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 30 days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding Equivalents other than in connection with additional closings on the foregoing, this Section 4.10 shall not apply in respect of an Exempt Issuancesame terms as the terms hereof.

Subsequent Equity Sales. From the date hereof until 60 30 days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 4.9 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 4.12 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 sixty (60) days after the 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 EquivalentsEquivalents or (ii) file any registration statement or amendment or supplement thereto, other than the Prospectus Supplement. Notwithstanding the foregoing, this Section 4.10 4.9 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 30 days after the Closing Date, neither the Company nor any Subsidiary shall 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 prior written consent of each Purchaser (such consent not to be unreasonably withheld). Notwithstanding the foregoing, this Section 4.10 4.11 shall not apply in respect of an Exempt IssuanceIssuance or in respect of shares of Common Stock and Common Stock Equivalents which the Company is not permitted to register under the Securities Act for at least 12 months following the Closing Date.

Subsequent Equity Sales. From the date hereof until 60 30 days after the Closing Date, neither the Company nor any Subsidiary shall 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 prior written consent of each Purchaser (such consent not to be unreasonably withheld). Notwithstanding the foregoing, this Section 4.10 4.9 shall not apply in respect of an Exempt IssuanceIssuance or in respect of shares of Common Stock and Common Stock Equivalents which the Company is not permitted to register under the Securities Act for at least 12 months following the Closing Date.

Subsequent Equity Sales. (a) From the date hereof until 60 days after the Closing DateApril [__], 2022 (six months from Closing) neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding ; and (b) notwithstanding the foregoing, this Section 4.10 4.20 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 90 days after following the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 4.20 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. From the date hereof until the earlier of (a) 60 days after the Closing DateDate and the date that the Warrants are no longer outstanding, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. .. Notwithstanding the foregoing, this Section 4.10 4.11 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 45 days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 75 days after the Closing Date, neither the Company nor any Subsidiary shall 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. Notwithstanding the foregoing, this Section 4.10 shall not apply in respect of an except for any Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 30 days after the Closing Date, neither the Company nor any Subsidiary shall 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. Notwithstanding the foregoing, this Section 4.10 4.12 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 30 days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 4.12 shall not apply in respect of an Exempt Issuance, except that no Variable Rate Transaction shall be an Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 45 days after the Closing DateDate except for Exempt Issuances or related to any transaction listed on Schedule 4.19, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding Equivalents unless the foregoing, this Section 4.10 shall not apply in respect proceeds of an Exempt Issuancesuch sale of securities are used to repay the Note.

Subsequent Equity Sales. From the date hereof until 60 __ days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 4.12 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 thirty (30) days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 shall not apply in respect of Equivalents other than an Exempt Issuance.

Subsequent Equity Sales. (a) From the date hereof until 60 days six (6) months after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding , other than issuances to the foregoingPurchasers in a Subsequent Financing, this provided, that the Company complies with the provisions of Section 4.10 shall not apply 4.12 in respect of an Exempt Issuanceany such Subsequent Financing.

Subsequent Equity Sales. From the date hereof until 60 days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 120 days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 4.11 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 45 days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 4.9 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 90 days after the Closing DateDate except for Exempt Issuances or related to any transaction listed on Schedule 4.19, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding Equivalents unless the foregoing, this Section 4.10 shall not apply in respect proceeds of an Exempt Issuancesuch equity sale are used to repay the Note.

Subsequent Equity Sales. (a) From the date hereof until 60 days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding anything herein to the foregoingcontrary, this Section 4.10 4.11(a) shall not apply in respect of to (i) an Exempt IssuanceIssuance or (ii) an issuance of Common Stock or Common Stock Equivalents with a per share purchase price greater than 125% of the Per Share Purchase Price.

Subsequent Equity Sales. From the date hereof until 60 days after the Closing DateClosing, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding anything herein to the foregoingcontrary, this Section 4.10 4.9 shall not apply in respect of an to any Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 15 days after the 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 EquivalentsEquivalents or (ii) file any registration statement or any amendment or supplement thereto except for any registration statement that the Company is contractually obligated to file as of the date hereof. Notwithstanding the foregoing, this Section 4.10 4.12 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. (a) From the date hereof until 60 ninety (90) days after the Closing Date, neither the Company nor any Subsidiary shall 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. Notwithstanding the foregoing, this Section 4.10 4.21(a) shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. (a) From the date hereof until 60 days after the Closing DateMay 2, 2022 (six months from Closing) neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding ; and (b) notwithstanding the foregoing, this Section 4.10 4.20 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 thirty (30) days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 shall not apply in respect of except for an Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 30 days after the Closing Date, Date neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding , except for Exempt Issuances or in connection with the foregoing, this Section 4.10 shall not apply in respect of an Exempt IssuanceMerger.

Subsequent Equity Sales. From the date hereof until 60 days after the Closing Date, except for the public offering of registered rights discussed with the Purchasers, neither the Company nor any Subsidiary shall 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. Notwithstanding the foregoing, this Section 4.10 4.12 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 ninety (90) days after following the Closing Date, neither the Company nor any Subsidiary shall 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. Notwithstanding the foregoing, this Section 4.10 4.18 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 forty five (45) days after the Closing Effective Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 days 40 Trading Days after the Closing Date, neither the Company nor any Subsidiary shall 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. Notwithstanding the foregoing, this Section 4.10 4.12 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 days 30 Trading Days after the Closing Date, neither the Company nor any Subsidiary shall 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. Notwithstanding the foregoing, this Section 4.10 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 30 days after the Closing Date, neither the Company nor any Subsidiary shall 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, including, without limitation, any drawdowns on the Company’s existing equity line of credit. Notwithstanding the foregoing, this Section 4.10 4.11 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 ninety (90) days after following the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 4.20 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 forty five (45) days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 shall not apply in respect of an Exempt Issuance, except that no Variable Rate Transaction shall be an Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 30 days after the Closing Date, neither the Company nor any Subsidiary shall 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. Notwithstanding the foregoing; provided, however that this Section 4.10 4.11 shall not apply in respect of to an Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 4.12 shall not apply in respect of an Exempt Issuance, except that no Variable Rate Transaction shall be an Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 ninety (90) days after the Initial Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 5.9 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. (a) From the date hereof until 60 one hundred eighty (180) days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding , without the foregoing, this prior written approval of the Representative and subject to Section 4.10 shall not apply in respect of an Exempt Issuance4.21.

Subsequent Equity Sales. From the date hereof until 60 sixty (60) days after the Closing Date, neither the Company nor any Subsidiary subsidiary shall 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. Notwithstanding the foregoing, this Section 4.10 7.5 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 90 days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 4.13 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 365 days after the Closing Date, neither the Company nor any Subsidiary shall 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. Notwithstanding Equivalents except as provided for in the foregoing, this Section 4.10 shall not apply in respect of an Exempt IssuanceShareholder Rights Agreement.

Subsequent Equity Sales. From the date hereof until 60 ninety (90) days after the Closing Date, neither the Company nor any Subsidiary shall 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. Notwithstanding the foregoing, this Section 4.10 4.20 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 30 days after the Closing Date, (i) neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock EquivalentsEquivalents or (ii) file any registration statement or any amendment or supplement thereto (other than the Prospectus Supplement). Notwithstanding the foregoing, this Section 4.10 4.12 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. (a) From the date hereof until 60 365 days after the from Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding ; and (b) notwithstanding the foregoing, this Section 4.10 4.20 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 ninety (90) days after following the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this This Section 4.10 4.19 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 days after the ninety (90) day anniversary of the Closing Date, neither the Company nor any Subsidiary shall 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 prior written approval of the Representative. Notwithstanding the foregoing, this Section 4.10 4.19 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 five (5) business days after following the Closing Date, neither the Company nor any Subsidiary subsidiary of the Company shall 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. Notwithstanding the foregoing, this Section 4.10 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 ninety (90) days after the Initial Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 4.7 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 30 days after the Closing Date, neither the Company nor any Subsidiary shall 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, including, without limitation, any drawdowns on the Company’s existing equity line of credit. Notwithstanding the foregoing, this Section 4.10 4.12 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 4.12 shall not apply in respect of an any Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 90 days after following the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 4.18 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. (a) From the date hereof until 60 days after the Initial Closing Date, neither the Company nor any Subsidiary shall not 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. Notwithstanding the foregoing, this Section 4.10 shall not apply in respect of an Exempt Issuance.;

Subsequent Equity Sales. From the date hereof until 60 45 days after the Closing DateDate except for Exempt Issuances or related to any transaction listed on Schedule 4.19, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock EquivalentsEquivalents unless the proceeds of such sale of securities are used to repay the Note. Notwithstanding the foregoing, this Section 4.10 shall not apply in respect of an Exempt Issuance.Article V

Subsequent Equity Sales. From the date hereof until 60 ninety (90) days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 4.11 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. From Except with respect to an Exempt Issuance, from the date hereof until 60 45 days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 45 days after the Closing Date, neither the Company nor any Subsidiary shall 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. Notwithstanding the foregoing, this Section 4.10 4.9 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 ninety (90) days after following the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this This Section 4.10 4.18 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. (a) From the date hereof until 60 seventy-five (75) days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 following the thirty (30) day anniversary of the Closing Date, the Company shall not apply in respect of be permitted to effect sales under an Exempt Issuance“at-the-market” facility through the Placement Agent.

Subsequent Equity Sales. From the date hereof until 60 ninety (90) days after the Closing Date, neither the Company nor any Subsidiary shall 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 EquivalentsOrdinary Share Equivalent. Notwithstanding the foregoing, this Section 4.10 4.12 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. From (a) Except as set forth in Section 4.11(c), from the date hereof until 60 30 days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into in to any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 forty-five (45) days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 4.12 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 sixty (60) days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding , including, without limitation, the foregoing, this Section 4.10 shall not apply in respect filing of an Exempt Issuancea registration statement.

Subsequent Equity Sales. From the date hereof until 60 days after the Closing Date, neither the Company nor any Subsidiary shall 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. Notwithstanding the foregoing, this Section 4.10 4.7 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 five (5) days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 4.13 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 15 days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. (a) From the date hereof until 60 forty-five (45) days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 following the thirty (30) day anniversary of the Closing Date, the Company shall not apply in respect of be permitted to effect sales under an Exempt Issuance“at-the-market” facility through the Placement Agent.

Subsequent Equity Sales. From the date hereof until 60 days after the sixty (60) day anniversary of the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 4.18 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 90 days after the Closing Date, neither the Company nor any Subsidiary shall 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, including, without limitation, any drawdowns on the Company’s existing equity line of credit. Notwithstanding the foregoing, this Section 4.10 4.12 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 30 days after the Closing Date, neither the Company nor any Subsidiary shall 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. Notwithstanding the foregoing, this Section 4.10 4.12 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 90 days after the Closing Date, neither the Company nor any Subsidiary shall 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. Notwithstanding the foregoing, this Section 4.10 4.12 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 30 days after the Closing Date, Date neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents, except for Exempt Issuances or in connection with the Merger. Notwithstanding the foregoing, this Section 4.10 shall not apply in respect of an Exempt Issuance.4.13

Subsequent Equity Sales. From the date hereof until 60 90 calendar days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock EquivalentsEquivalents without the prior consent of the Purchasers, which shall not be reasonably withheld or delayed. Notwithstanding the foregoing, this Section 4.10 4.12 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 sixty (60) days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 shall not apply in respect of an Equivalents other than Exempt IssuanceIssuances.

Subsequent Equity Sales. From the date hereof until 60 days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 shall not apply in respect of an Exempt Issuance.Stock

Subsequent Equity Sales. From the date hereof until 60 15 days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 4.8 shall not apply in respect of an Exempt Issuance, except that no Variable Rate Transaction shall be an Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 the earlier of thirty (30) days after the Closing DateDate and the date the shares have been registered for resale on the Registration Statement, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 8.6 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 thirty (30) days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 4.13 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. (a) From the date hereof until 60 ninety (90) days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock Shares, Series A Preferred Shares or Common Stock Share Equivalents. Notwithstanding the foregoing, this Section 4.10 4.21 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 ten (10) days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock EquivalentsEquivalents that may be issued at an effective price per share that is lower than $1.60. Notwithstanding the foregoing, this Section 4.10 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. (a) From the date hereof until 60 90 days after following the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 4.19 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 thirty (30) days after the 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 EquivalentsEquivalents or (ii) file any registration statement or any amendment or supplement thereto, other than the Prospectus Supplement. Notwithstanding the foregoing, this Section 4.10 4.9 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 thirty (30) days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding ; notwithstanding the foregoing, this Section 4.10 4.8 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 90 days after following the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 4.19 shall not apply in respect of an Exempt Issuance.

Subsequent Equity Sales. From the date hereof until 60 ninety (90) days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents. Notwithstanding the foregoing, this Section 4.10 4.19 shall not apply in respect of an Exempt Issuance.