Common use of Subsequent Sales of Shares Clause in Contracts

Subsequent Sales of Shares. At any time on or before the 120th day after the Closing, the Company may sell up to the balance of the Shares not sold at the Closing to such persons as may be approved by the Board of Directors of the Company (the "Additional Purchasers"). At any additional closings (each an "Additional Closing") (i) All such sales made shall be made on the terms and conditions set forth in this Agreement (other than terms relating to the Escrow Agreement), (ii) the representations and warranties of the Company set forth in Section 3 hereof (and the Schedule of Exceptions) shall speak as of the date of this Agreement and the Company shall have no obligation to update any such disclosure, and (iii) the representations and warranties of the Additional Purchasers in Section 4 hereof shall speak as of such Additional Closing. The Schedule of Purchasers may be amended by the Company without the consent of Purchasers to include any Additional Purchasers. Any shares of Series C Preferred Stock sold pursuant to this Section 2.3 shall be deemed to be "Shares" for all purposes under this Agreement and any Additional Purchasers thereof shall be deemed to be "Purchasers" for all purposes under this Agreement.

Subsequent Sales of Shares. At any time on or before the 120th earlier of (i) the 90th day after following the ClosingClosing or at such later time as the Company and the holders of a majority of the Shares purchased at the Closing (pursuant to Section 2.1) may mutually agree or (ii) the date of the Call Closing (as defined below), the Company may sell up to the balance of the Shares authorized shares of Series D Preferred Stock not sold at the Closing to such persons as may be approved by the Board of Directors of the Company (the "“Additional Purchasers"”). At All such sales made at any additional closings (each an "“Additional Closing"”) (i) All such sales made , shall be made on the terms and conditions set forth in this Agreement Agreement, and (other than terms relating to the Escrow Agreement), (iii) the representations and warranties of the Company set forth in Section 3 hereof (and the Schedule of Exceptions) shall speak as of the date of this Agreement Closing and the Company shall have no obligation to update any such disclosure, and (iiiii) the representations and warranties of the Additional Purchasers in Section 4 hereof shall speak as of such Additional Closing. The Schedule of Purchasers may be amended by the Company without the consent of the Purchasers to include any Additional PurchasersPurchasers upon the execution by such Additional Purchasers of a counterpart signature page hereto. Any shares of Series C D Preferred Stock sold pursuant to this Section 2.3 shall be deemed to be "“Shares" ” for all purposes under this Agreement and any Additional Purchasers thereof shall be deemed to be "“Purchasers" ” for all purposes under this Agreement.

Subsequent Sales of Shares. At any time on or before the 120th day after the Closing, the Company may sell up to the balance of the Shares not sold at the Closing to such persons as may be approved by the Board of Directors of the Company (the "“Additional Purchasers"”). At any additional closings (each an "“Additional Closing") ”) (i) All such sales made shall be made on the terms and conditions set forth in this Agreement (other than terms relating to the Escrow Agreement), (ii) the representations and warranties of the Company set forth in Section 3 hereof (and the Schedule of Exceptions) shall speak as of the date of this Agreement and the Company shall have no obligation to update any such disclosure, and (iii) the representations and warranties of the Additional Purchasers in Section 4 hereof shall speak as of such Additional Closing. The Schedule of Purchasers may be amended by the Company without the consent of Purchasers to include any Additional Purchasers. Any shares of Series C Preferred Stock sold pursuant to this Section 2.3 shall be deemed to be "“Shares" ” for all purposes under this Agreement and any Additional Purchasers thereof shall be deemed to be "“Purchasers" ” for all purposes under this Agreement.

Subsequent Sales of Shares. At any time on or before the 120th day after following the ClosingClosing or at such time as the Company and the holders of a majority of the Shares purchased at the Closing (pursuant to Section 2.1) may mutually agree, the Company may sell up to the balance of the Shares authorized shares of Series A Preferred Stock not sold at the Closing to such persons as may be approved by the Board of Directors of the Company (the "Additional Purchasers"). At All such sales made at any additional closings (each an "Additional Closing") , (i) All such sales made shall be made on the terms and conditions set forth in this Agreement (other than terms relating to the Escrow Agreement), (ii) the representations and warranties of the Company set forth in Section 3 hereof (and the Schedule of Exceptions) shall speak as of the date of this Agreement Closing and the Company shall have no obligation to update any such disclosure, and (iii) the representations and warranties of the Additional Purchasers in Section 4 hereof shall speak as of such Additional Closing. The This Agreement, including without limitation, the Schedule of Purchasers Purchasers, may be amended by the Company without the consent of the Purchasers to include any Additional PurchasersPurchasers and the Additional Purchaser(s) shall be entitled to rely upon the legal opinion delivered to the Purchasers at the Closing. Any shares of Series C A Preferred Stock sold pursuant to this Section 2.3 shall be deemed to be "Shares" for all purposes under this Agreement and any Additional Purchasers thereof shall be deemed to be "Purchasers" for all purposes under this Agreement.

Subsequent Sales of Shares. At any time on or before the 120th ninetieth (90th) day after following the Closing, or at such later time as the Company and the holders of at least fifty-five percent (55%) of the Shares purchased at the Closing (pursuant to Section 2.1) may mutually agree, the Company may sell up to the balance of the Shares authorized shares of Series A Preferred Stock not sold at the Closing to such persons as may be approved by the Board of Directors of the Company (the "“Additional Purchasers"”). At All such sales made at any additional closings (each an "“Additional Closing"”) (i) All such sales made , shall be made on the terms and conditions set forth in this Agreement (other than terms relating to the Escrow Agreement), (ii) the representations and warranties of the Company set forth in Section 3 hereof (and the Schedule of Exceptions) shall speak as of the date of this Agreement and the Company shall have no obligation to update any such disclosure, and (iii) the representations and warranties of the Additional Purchasers in Section 4 hereof shall speak as of such Additional Closing. The Schedule of Purchasers may be amended by the Company without the consent of the Purchasers to include any Additional PurchasersPurchasers upon the execution by such Additional Purchasers of a counterpart signature page hereto. Any shares of Series C A Preferred Stock sold pursuant to this Section 2.3 shall be deemed to be "“Shares" ” for all purposes under this Agreement and any Additional Purchasers thereof shall be deemed to be "“Purchasers" ” for all purposes under this Agreement.