Subsequent Securities Sales. In addition to all other restrictions on the issuance of securities by the Company as provided in this Agreement, from the date of this Agreement through the date that is thirty (30) calendar days after the date of this Agreement, 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 (as defined in the Warrants) (“Common Stock Equivalents”) that would directly or indirectly interfere with the issuance of the Securities or consummation of this Agreement.
Subsequent Securities Sales. (a) At least five days prior to the closing of the first sale of any securities of the Company (whether debt, equity or otherwise) that when aggregated with all other securities of the Company (whether debt, equity or otherwise) issued and sold thereby since December 1, 2011, other than pursuant to the Company’s Amended and Restated Equity-Based Compensation Plan or the Company’s 2011 Employee Stock Purchase Plan (or any additional or successor employee equity compensation arrangements) or that certain Series G Unit Subscription Agreement, dated as of December 1, 2011, by and among the Company and the other parties thereto, results in gross proceeds to the Company of at least $50,000,000.00 in the aggregate (a “Subsequent Transaction”), and for so long as Purchaser holds any of the shares of Series G Preferred Stock purchased hereby, the Company shall give notice of such Subsequent Transaction to Purchaser setting forth the terms and conditions of such Subsequent Transaction. The Company shall not enter into an agreement for a Subsequent Transaction unless such agreement permits the Company to comply with this Section 7 and Section 4 of the Certificate of Designation of Series G Preferred Stock of the Company dated December 1, 2011 (the “Certificate of Designation”).
Subsequent Securities Sales. In addition to all other restrictions on the issuance of securities by the Company as provided in this Agreement, from the date of this Agreement through the date that is one hundred eighty (180) calendar days after the date of this Agreement, 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 with respect to the Securities and securities that would not integrate with the Securities for purposes of shareholder approval determinations, including but not limited to under Nasdaq Rule 5635(e).
Subsequent Securities Sales. (a) At least five (5) Business Days prior to the closing of a Follow-On Offering, the Company shall give notice of such Follow-On Offering to each Purchaser that owns any Preferred Shares as of such date, setting forth the terms and conditions of such Follow-On Offering.
Subsequent Securities Sales. The Company shall not, and shall use its commercially reasonable efforts to ensure that no Affiliate of the Company shall, sell, offer for sale or solicit offers to buy or otherwise negotiate in respect of any security (as defined in Section 2 of the Securities Act) that will be integrated with the offer or sale of the Securities in a manner that would require the registration under the Securities Act of the sale of the Securities to the Purchasers, or that will be integrated with the offer or sale of the Securities for purposes of the rules and regulations of any trading market such that it would require stockholder approval prior to the closing of such other transaction unless stockholder approval is obtained before the closing of such subsequent transaction.
Subsequent Securities Sales. In addition to all other restrictions on the issuance of securities by the Company as provided in this Agreement, from the date of this Agreement until 180 calendar days after the date of this Agreement, 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 (as defined in the Note).
Subsequent Securities Sales. All subsequent offers and sales of the Shares by the Investor shall be made pursuant to registration of the foregoing securities under the Securities Act or pursuant to an exemption from registration.
Subsequent Securities Sales. (a) At least five days prior to the closing of the first sale of any securities of the Company (whether debt, equity or otherwise), other than pursuant to the Company’s Amended and Restated Equity-Based Compensation Plan or the Company’s 2011 Employee Stock Purchase Plan (or any additional or successor employee equity compensation arrangements) or this Agreement that results in gross proceeds to the Company of at least $50,000,000.00 (a “Subsequent Transaction”), and for so long as the Series G Preferred Stock remains outstanding, the Company shall give notice of such Subsequent Transaction to the Purchasers setting forth the terms and conditions of such Subsequent Transaction. The Company shall not enter into an agreement for a Subsequent Transaction unless such agreement permits the Company to comply with this Section 9 and Section 4 of the Certificate of Designation.
Subsequent Securities Sales. The Purchasers hereby acknowledge and agree that, following the execution of the Agreement, the Company may raise capital it deems necessary for its operations, and neither this Agreement nor any Transaction Documents shall restrict or otherwise prohibit Company from entering into any subsequent financing transactions with future investors, or from issuing Common Shares, preferred shares, warrants, convertible notes, other debt securities, or other Company securities to any future investors.
Subsequent Securities Sales. (a) At least five days prior to the closing of a sale of any securities of the Company (whether debt, equity or otherwise), other than pursuant to the Company’s Amended and Restated Equity-Based Compensation Plan or the Company’s 2011 Employee Stock Purchase Plan (or any additional or successor employee equity compensation arrangements) that results in gross proceeds to the Company of at least $50,000,000.00 (a “Subsequent Transaction”), and for so long as the Preferred Stock remains outstanding, the Company shall give notice of such Subsequent Transaction to the Purchasers setting forth the terms and conditions of such Subsequent Transaction.
