Additional Issuances of Securities. (i) For purposes of this Section 4(o), the following definitions shall apply.
Additional Issuances of Securities. The Company may at any time and from time to time do further equity or debt financing and may issue additional shares, warrants, convertible securities, stock options or similar rights to purchase shares of its capital stock.
Additional Issuances of Securities. (1) For purposes of this section, the following definitions shall apply.
Additional Issuances of Securities. (i) For purposes of this Agreement, the following definitions shall apply.
Additional Issuances of Securities. (a) The Company agrees that, except for the Other Securities Agreements, if any, for the period commencing on the date hereof and ending ninety (90) days after the Closing, neither the Company nor any of its Subsidiaries shall directly or indirectly issue, offer, sell, grant any option to purchase, or otherwise dispose of (or announce any issuance, offer, sale, grant or any option to purchase or other disposition of) any of their respective equity or equity equivalent securities, including, without limitation, any debt, preferred stock, rights, options, warrants or other instrument that is at any time and under any circumstances convertible into or exchangeable for, or otherwise entitles the holder thereof to receive, capital stock and other securities of the Company (including, without limitation, Common Stock Equivalents) (collectively with such capital stock or other securities of the Company, “Equivalents”) (any such issuance, offer, sale, grant, disposition or announcement being referred to as a “Subsequent Placement”).
Additional Issuances of Securities. (i) From the final Closing Date until the one year anniversary of the final Closing Date, the Company will not, directly or indirectly, offer, sell, grant any option to purchase, or otherwise dispose of any equity or equity equivalent securities, including without limitation any debt, preferred membership interest or other instrument or security that is, at any time during its life and under any circumstances, convertible into or exchangeable or exercisable for any class of Membership Interests (any such offer, sale, grant, disposition or announcement being referred to as a “Subsequent Placement”) unless the Company shall have first complied with this Section 4(f).
Additional Issuances of Securities. (i) From the date hereof until the earlier of (x) the time of the registration of all of the Registrable Securities (as defined in the Registration Rights Agreement) pursuant to and in accordance with the Registration Rights Agreement, which registration remains in effect and (y) such time as all of the Registrable Securities, if a registration statement is not available for the resale of all of the Registrable Securities may be sold pursuant to Rule 144, the Company shall not, directly or indirectly, file any registration statement with the SEC, or file any amendment or supplement thereto, or grant any registration rights to any Person that can be exercised prior to the earlier of such time as set forth above, other than pursuant to the Registration Rights Agreement and any registration statement registered on Form S-8 or S-4.
Additional Issuances of Securities. From the date hereof through December 31, 2004, the Company will not, directly or indirectly, except pursuant to its existing employee stock plans, 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 its 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 shares of Common Stock or Options or Convertible Securities. "Options" means any rights, warrants or options to subscribe for or purchase shares of Common Stock or Convertible Securities. "Convertible Securities" means any stock or securities (other than Options) convertible into or exercisable or exchangeable for shares of Common Stock.
Additional Issuances of Securities. (a) For purposes of this Section 7.12, the following definitions shall apply.
Additional Issuances of Securities. The Company agrees not to, directly or indirectly, sell, offer to sell, solicit offers to buy, dispose of, loan, pledge or grant any right with respect to any shares of Common Stock or Preferred Stock of the Company, or any securities convertible into or exercisable or exchangeable for, Common Stock of the Company until the date on which the Registration Statement (as defined in the Registration Rights Agreement) is declared effective by the Commission, except for (1) the issuance and sale of Warrant Shares upon the exercise of Warrants, (2) grants of options to purchase Common Stock under the Company's current stock option plans and shares of Common Stock issued upon the exercise of stock options issued under such stock option plans, (3) shares of Common Stock to be issued under the Company's 2005 Directors Compensation Plan, as described in the Company's 2005 Proxy Statement, (4) warrants to purchase 50,000 shares of Common Stock to be issued to Xxxxx Xxxxxxxxx Partners L.P. on the first day of each month that its guarantee of a note payable to Wachovia Bank, NA, is in effect, (5) shares of Common Stock issuable upon conversion of up to $2.5 million of outstanding convertible promissory notes at $1.75 per share, and (6) the issuance and sale of (A) additional shares of Preferred Stock at a price of $1,000 per share and at an aggregate purchase price not to exceed the amount, if any, by which $15,000,000 exceeds the aggregate Purchase Price paid by all Investors under this Agreement, (B) warrants to purchase an amount of Common Stock equal to 250% of the aggregate amount of Preferred Stock issued in any transaction described in (6)(A) above, upon the same terms as the Warrants, and (C) any shares of Common Stock issued upon the exercise of the warrants described in (6)(B) above. The Company will use reasonable efforts to cause each of its directors and executive officers to enter into similar agreements with the Co-Placement Agents.
