Common use of Subsequent Placements Clause in Contracts

Subsequent Placements. (a) From the date hereof until the Effective Date, the Company will not, directly or indirectly, offer, sell, grant any option to purchase, or otherwise dispose of (or announce any offer, sale, grant or any option to purchase or other disposition of) any of its or the Significant Subsidiaries’ equity or equity equivalent securities, including without limitation any debt, preferred stock or other instrument or security that is, at any time during its life and under any circumstances, convertible into or exchangeable or exercisable for Common Stock or Common Stock Equivalents, but not including any Excluded Stock, (any such offer, sale, grant, disposition or announcement being referred to as a “Subsequent Placement”), except as permitted by this Section 4.5.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Mamma Com Inc), Securities Purchase Agreement (Mamma Com Inc)

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Subsequent Placements. (a) From the date hereof until the Effective DateDate (the "BLOCKOUT PERIOD"), the Company will not, directly or indirectly, offer, sell, grant any option to purchase, or otherwise dispose of (or announce any offer, sale, grant or any option to purchase or other disposition of) any of its or the Significant Subsidiaries' equity or equity equivalent securities, including without limitation any debt, preferred stock or other instrument or security that is, at any time during its life and under any circumstances, convertible into or exchangeable or exercisable for Common Stock or Common Stock Equivalents, but not including any Excluded Stock, Equivalents (any such offer, sale, grant, disposition or announcement being referred to as a “Subsequent Placement”"SUBSEQUENT PLACEMENT"), except as permitted by . The restrictions contained in this Section 4.54.5 shall not apply to Excluded Stock.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Lynx Therapeutics Inc), Securities Purchase Agreement (Lynx Therapeutics Inc)

Subsequent Placements. (a) From Except with respect to the Excluded Stock, from the date hereof until the Effective Date, the Company will not, directly or indirectly, offer, sell, grant any option to purchase, or otherwise dispose of (or announce any offer, sale, grant or any option to purchase or other disposition of) any of its or the Significant Subsidiaries’ equity or equity equivalent securities, including without limitation any debt, preferred stock or other instrument or security that is, at any time during its life and under any circumstances, convertible into or exchangeable or exercisable for Common Stock or Common Stock Equivalents, but not including any Excluded Stock, Equivalents (any such offer, sale, grant, disposition or announcement being referred to as a “Subsequent Placement”), except as permitted by this Section 4.5.

Appears in 1 contract

Samples: Securities Purchase Agreement (Bio Key International Inc)

Subsequent Placements. (a) From Subject to Section 4.5(b), from the date hereof until the Effective DateDate (the “Rights Period”), the Company will not, directly or indirectly, offer, sell, grant any option to purchase, or otherwise dispose of (or announce any offer, sale, grant or any option to purchase or other disposition of) any of its or the Significant Subsidiaries’ equity or equity equivalent securities, including without limitation any debt, preferred stock or other instrument or security that is, at any time during its life and under any circumstances, convertible into or exchangeable or exercisable for Common Stock or Common Stock Equivalents, but not including any Excluded Stock, Equivalents (any such offer, sale, grant, disposition or announcement being referred to as a “Subsequent Placement”), except as permitted by . unless the Company shall have first complied with this Section 4.54.5(a).

Appears in 1 contract

Samples: Securities Purchase Agreement (Neorx Corp)

Subsequent Placements. (a) From the date hereof until the Effective DateDate (the "BLOCKOUT PERIOD"), the Company will not, directly or indirectly, offer, sell, grant any option to purchase, or otherwise dispose of (or announce any offer, sale, grant or any option to purchase or other disposition of) any of its or the Significant Subsidiaries' equity or equity equivalent securities, including without limitation any debt, preferred stock or other instrument or security that is, at any time during its life and under any circumstances, convertible into or exchangeable or exercisable for Common Stock or Common Stock Equivalents, but not including any Excluded Stock, Equivalents (any such offer, sale, grant, disposition or announcement being referred to as a “Subsequent Placement”"SUBSEQUENT PLACEMENT"), except as permitted by this Section 4.5.

Appears in 1 contract

Samples: Securities Purchase Agreement (Stratasys Inc)

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Subsequent Placements. (a) From the date hereof until 30 Trading Days following the Effective DateDate (the "Blockout Period"), the Company will not, directly or indirectly, offer, sell, grant any option to purchase, or otherwise dispose of (or announce any offer, sale, grant or any option to purchase or other disposition of) any of its or the Significant Subsidiaries' equity or equity equivalent securities, including without limitation any debt, preferred stock or other instrument or security that is, at any time during its life and under any circumstances, convertible into or exchangeable or exercisable for Common Stock or Common Stock Equivalents, but not including any Excluded Stock, Equivalents (any such offer, sale, grant, disposition or announcement being referred to as a "Subsequent Placement"); provided that this paragraph shall not restrict the Company from, except as permitted by this Section 4.5directly or indirectly, offering, selling, granting any option to purchase, or otherwise disposing of (or announcing any offer, sale, grant or any option to purchase or other disposition of) any of its Excluded Stock.

Appears in 1 contract

Samples: Securities Purchase Agreement (Cosi Inc)

Subsequent Placements. (a) From the date hereof until the Effective Date, the Company will not, directly or indirectly, offer, sell, grant any option to purchase, or otherwise dispose of (or announce any offer, sale, grant or any option to purchase or other disposition of) any of its or the Significant Subsidiaries' equity or equity equivalent securities, including without limitation any debt, preferred stock or other instrument or security that is, at any time during its life and under any circumstances, convertible into or exchangeable or exercisable for Common Stock or Common Stock Equivalents, but not including any Excluded Stock, (any such offer, sale, grant, disposition or announcement being referred to as a "Subsequent Placement"), except as permitted by this Section 4.5.

Appears in 1 contract

Samples: Securities Purchase Agreement (Mamma Com Inc)

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