Common use of Subsequent Securities Sales Clause in Contracts

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. 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 one hundred eighty (30180) 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 Equivalents, provided however, that the Warrants) (“Common Stock Equivalents”) that would directly or indirectly interfere with the above restrictions on such issuances shall not apply if such an issuance of the Securities or consummation of this Agreementis pursuant to a Buyout Transaction.