Common use of Subsequent Sales and Registrations Clause in Contracts

Subsequent Sales and Registrations. (a) Until the later of (i) 180 days after the Subsequent Closing, or if there is no Subsequent Closing Date, after the Initial Closing Date and (ii) 60 days after all Underlying Shares and Warrant Shares have been registered under the Securities Act pursuant to an effective registration statement, the Company shall not, directly or indirectly, without the prior written consent of the Purchasers, offer, sell, grant any option to purchase, or otherwise dispose of (or announce any offer, sale, grant of any option to purchase or other disposition) any of its or its Affiliates' equity or equity-equivalent securities or any instrument that permits the holder thereof to acquire Common Stock at a price that is less than the market price of the Common Stock at the time of issuance of such security or instrument and, if such security or instrument contains a conversion feature, at a conversion price that is less than the market price of the Common Stock at the time of issuance of such security or instrument, except (i) the granting of options or warrants to employees, officers and directors, and the issuance of shares upon exercise of options granted, under any stock option plan heretofore or hereinafter duly adopted by the Company (including any stock options plans which are restated after the date hereof), (ii) shares issued upon exercise of any currently outstanding warrants disclosed in Schedule 2.1(c)(i), and (iii) shares of Common Stock issued upon conversion of Debentures or upon exercise of the Warrants.

Subsequent Sales and Registrations. (a) Until the later of (i) 180 days after the Subsequent Closing, or if there is no Subsequent Closing Date, after the Initial Closing Date and (ii) 60 days after all Underlying Shares and Warrant Shares have been registered under the Securities Act pursuant to an effective registration statement, the Company shall not, directly or indirectly, without the prior written consent of the PurchasersPurchaser, offer, sell, grant any option to purchase, or otherwise dispose of (or announce any offer, sale, grant of any option to purchase or other disposition) any of its or its Affiliates' equity or equity-equivalent securities or any instrument that permits the holder thereof to acquire Common Stock at a price that is less than the market price of the Common Stock at the time of issuance of such security or instrument and, if such security or instrument contains a conversion feature, at a conversion price that is less than the market price of the Common Stock at the time of issuance of such security or instrument, except (i) the granting of options or warrants to employees, officers and directors, and the issuance of shares upon exercise of options granted, under any stock option plan heretofore or hereinafter duly adopted by the Company (including any stock options plans which are restated after the date hereof), (ii) shares issued upon exercise of any currently outstanding warrants disclosed in Schedule 2.1(c)(i), and (iii) shares of Common Stock issued upon conversion of Debentures or upon exercise of the WarrantsDebentures.

Subsequent Sales and Registrations. (a) Until the later of (i) 180 days after the Subsequent Closing, or if there date the Registration Statement is no Subsequent Closing Date, after declared effective as stated in an agreement between Xxxx Xxxx XxXxxxx Clearing Corporation ("XXXX XXXX") and the Initial Closing Date and Corporation (ii) 60 days after all Underlying Shares and Warrant Shares have been registered under the Securities Act pursuant to an effective registration statement"LOCK-UP LETTER"), the Company Corporation shall not, directly or indirectly, without the prior written consent of the Purchasers, offer, sell, grant any option to purchase, or otherwise dispose of (or announce any offer, sale, grant of any option to purchase or other disposition) any of its or its Affiliates' equity or equity-equivalent securities or any instrument that permits the holder thereof to acquire Common Stock at a price that is less than the market price of the Common Stock at the time of issuance of such security or instrument and, if such security or instrument contains a conversion feature, at a conversion price that is less than the market price of the Common Stock at the time of issuance of such security or instrument, except (i) the granting of options or warrants to employees, officers officers, directors and directorsconsultants, and the issuance of shares upon exercise of options granted, under any stock option plan heretofore or hereinafter duly adopted by the Company Corporation (including any stock options plans which are restated after the date hereof), (ii) shares issued upon exercise of any currently outstanding warrants disclosed in Schedule SCHEDULE 2.1(c)(i), and (iii) shares of Common Stock issued upon conversion of Debentures or upon exercise redemption of the WarrantsSecurities.

Subsequent Sales and Registrations. (a) Until the later of (i) 180 days after the Subsequent Closing, or if there is no Subsequent Closing Date, after the Initial Closing Date and (ii) 60 days after all Underlying Shares and Warrant Shares have been registered under the Securities Act pursuant to an effective registration statement, the Company shall not, directly or indirectly, without the prior written consent of the Purchasers, offer, sell, grant any option to purchase, or otherwise dispose of (or announce any offer, sale, grant of any option to purchase or other disposition) any of its or its Affiliates' equity or equity-equity equivalent securities or any instrument that permits the holder thereof to acquire Common Stock at a price that is less than the market price of the Common Stock at the time of issuance of such security or instrument and, if such security or instrument contains a conversion feature, at a conversion price that is less than the market price of the Common Stock at the time of issuance conversion of such security or instrument, except (i) the granting of options or warrants to employees, officers and directors, and the issuance of shares upon exercise of options granted, under any stock option plan heretofore or hereinafter duly adopted by the Company (including any stock options plans which are restated after the date hereof), (ii) shares issued upon exercise of any currently outstanding warrants disclosed in Schedule 2.1(c)(i), and (iii) shares of Common Stock issued upon conversion of Debentures or upon exercise of the Warrants.

Subsequent Sales and Registrations. (a) Until the later of (i) 180 days after the Subsequent ClosingOptional Closing Date, or if there is no Subsequent Optional Closing Date, after the Initial Third Closing Date and (ii) 60 days after all Underlying Shares and Warrant Shares have been registered under the Securities Act pursuant to an effective registration statement, the Company shall not, directly or indirectly, without the prior written consent of the Purchasers, offer, sell, grant any option to purchase, or otherwise dispose of (or announce any offer, sale, grant of any option to purchase or other disposition) any of its or its Affiliates' equity or equity-equivalent securities or any instrument that permits the holder thereof to acquire Common Stock at a price that is less than the market price of the Common Stock at the time of issuance of such security or instrument and, if such security or instrument contains a conversion feature, at a conversion price that is less than the market price of the Common Stock at the time of issuance of such security or instrument, except (i) the granting of options or warrants to employees, officers and directors, and the issuance of shares upon exercise of options granted, under any stock option plan heretofore or hereinafter duly adopted by the Company (including any stock options plans which are restated after the date hereof), (ii) shares issued upon exercise of any currently outstanding warrants disclosed in Schedule 2.1(c)(i), and (iii) shares of Common Stock issued upon conversion of Debentures or upon exercise of the Warrants.