Common use of Black-out Limitations Clause in Contracts

Black-out Limitations. Notwithstanding any other provision of this Agreement, the Company shall not offer or sell, or instruct B. Xxxxx FBR to offer or sell, any Placement Shares through B. Xxxxx FBR as agent (and, by notice to B. Xxxxx FBR given by telephone (confirmed promptly by telecopy or email), shall cancel any instructions for any such offer or sale of any Placement Shares prior to the commencement of the periods referenced below), and B. Xxxxx FBR shall not be obligated to make any such offer or sale of Placement Shares, (i) during any period in which the Company is, or could be deemed to be, in possession of material non-public information or (ii) except as provided in Section 5(e)(i) hereof, at any time during the period commencing on the 10th Business Day prior to the time the Company issues a press release containing, or shall otherwise publicly announce, its earnings, revenues or other operating results for a fiscal period or periods (each, an “Earnings Announcement”) through and including the time that is 24 hours after the time that the Company files a Quarterly Report on Form 10-Q or an Annual Report on Form 10-K (a “Filing Time”) that includes consolidated financial statements as of and for the same fiscal period or periods, as the case may be, covered by such Earnings Announcement.

Black-out Limitations. Notwithstanding any other provision of this Agreement, the Company shall not offer or sell, or instruct B. X. Xxxxx FBR to offer or sell, any Placement Shares through B. X. Xxxxx FBR as agent (and, by notice to B. X. Xxxxx FBR given by telephone (confirmed promptly by telecopy or email), shall cancel any instructions for any such offer or sale of any Placement Shares prior to the commencement of the periods referenced below), and B. X. Xxxxx FBR shall not be obligated to make any such offer or sale of Placement Shares, (i) during any period in which the Company is, or could be deemed to be, in possession of material non-public information or (ii) except as provided in Section 5(e)(i) hereof, at any time during the period commencing on the 10th 5th Business Day prior to the time the Company issues a press release containing, or shall otherwise publicly announce, its earnings, revenues or other operating results for a fiscal period or periods (each, an “Earnings Announcement”) through and including the time that is 24 hours after the time that the Company files a Quarterly Report on Form 10-Q or an Annual Report on Form 10-K (a “Filing Time”) that includes consolidated financial statements as of and for the same fiscal period or periods, as the case may be, covered by such Earnings Announcement.

Black-out Limitations. Notwithstanding any other provision of this Agreement, the Company shall not offer or sell, or instruct B. Xxxxx FBR Xxxxxxxxxx Securities to offer or sell, any Placement Shares Securities through B. Xxxxx FBR Xxxxxxxxxx Securities as agent (and, by notice to B. Xxxxx FBR Xxxxxxxxxx Securities given by telephone (confirmed promptly by facsimile transmission, telecopy or email)), shall cancel any instructions for any such offer or sale of any Placement Shares Securities prior to the commencement of the periods referenced below), and B. Xxxxx FBR Xxxxxxxxxx Securities shall not be obligated to make any such offer or sale of Placement SharesSecurities, (i) during any period in which the Company is, or could be deemed to be, in possession of material non-public information or (ii) except as provided in Section 5(e)(i6(g) hereof, at any time during from and including the period commencing date on the 10th Business Day prior to the time which the Company issues a press release containing, or shall otherwise publicly announce, its earnings, revenues or other operating results for a fiscal period or periods (each, an “Earnings Announcement”) through and including the time that is 24 hours after the time that the Company files a Quarterly Report on Form 10-Q 10‑Q or an Annual Report on Form 10-K 10‑K (a “Filing Time”) that includes consolidated financial statements as of and for the same fiscal period or periods, as the case may be, covered by such Earnings Announcement.

Black-out Limitations. Notwithstanding any other provision of this Agreement, the Company shall not offer or sell, or instruct B. Xxxxx FBR Wxxxx Fargo Securities to offer or sell, any Placement Shares Securities through B. Xxxxx FBR Wxxxx Fargo Securities as agent (and, by notice to B. Xxxxx FBR Wxxxx Fargo Securities given by telephone (confirmed promptly by telecopy or email), shall cancel any instructions for any such offer or sale of any Placement Shares Securities prior to the commencement of the periods referenced below), and B. Xxxxx FBR Wxxxx Fargo Securities shall not be obligated to make any such offer or sale of Placement SharesSecurities, (i) during any period in which the Company is, or could be deemed to be, in possession of material non-public information or (ii) except as provided in Section 5(e)(i6(e)(1) hereof, at any time during the period commencing on the 10th Business Day prior to the time the Company issues a press release containing, or shall otherwise publicly announce, its earnings, revenues or other operating results for a fiscal period or periods (each, an “Earnings Announcement”) through and including the time that is 24 hours after the time that the Company files a Quarterly Report on Form 10-Q or an Annual Report on Form 10-K (a “Filing Time”) that includes consolidated financial statements as of and for the same fiscal period or periods, as the case may be, covered by such Earnings Announcement.

Black-out Limitations. (1) Notwithstanding any other provision of this Agreement, the Company shall not offer or sell, or instruct B. Xxxxx FBR the Placement Agent to offer or sell, any Securities through the Placement Shares through B. Xxxxx FBR Agent as agent (and, by notice to B. Xxxxx FBR the Placement Agent given by telephone (confirmed promptly by telecopy or email), shall ) or cancel any instructions for any such offer or sale of any Placement Shares Securities prior to the commencement of the periods referenced below), and B. Xxxxx FBR the Placement Agent shall not be obligated to make any such offer or sale of Placement SharesSecurities, (i) during any period in which the Company is, or could be deemed to be, in possession of material non-public information or (ii) except as provided in Section 5(e)(i6(f)(2) hereof, at any time during the period commencing on the 10th 15th Business Day prior to the time the Company issues a press release release, or furnishes or files a Current Report on Form 8-K containing, or shall otherwise publicly announce, its earnings, revenues or other operating results for a fiscal period or periods (each, an “Earnings Announcement”) through and including the time that is 24 hours after the time that the Company files a Quarterly Report on Form 10-Q or an Annual Report on Form 10-K (a “Filing Time”) that includes consolidated financial statements as of and for the same fiscal period or periods, as the case may be, covered by such Earnings Announcement.

Black-out Limitations. Notwithstanding any other provision of this Agreement, the Company shall not offer or sell, or instruct B. Xxxxx FBR X.X. Xxxxxx Securities to offer or sell, any Placement Shares Securities through B. Xxxxx FBR X.X. Xxxxxx Securities as agent (and, by notice to B. Xxxxx FBR X.X. Xxxxxx Securities given by telephone (confirmed promptly by telecopy or email), shall cancel any instructions for any such offer or sale of any Placement Shares Securities prior to the commencement of the periods referenced below), and B. Xxxxx FBR X.X. Xxxxxx Securities shall not be obligated to make any such offer or sale of Placement SharesSecurities, (i) during any period in which the Company is, or could be deemed to be, in possession of material non-public information information, or (ii) except as provided in Section 5(e)(i6(f)(1) hereof, at any time during from and including the period commencing date on the 10th Business Day prior to the time which the Company issues a press release containing, or shall otherwise publicly announce, its earnings, revenues or other operating results for a fiscal period or periods (each, an “Earnings Announcement”) through and including the time that is 24 twenty-four (24) hours after the time that the Company files a Quarterly Report on Form 10-Q or an Annual Report on Form 10-K (a “Filing Time”) that includes consolidated financial statements as of and for the same fiscal period or periods, as the case may be, covered by such Earnings Announcement.

Black-out Limitations. Notwithstanding any other provision of this Agreement, the Company shall not offer or sell, or instruct B. X. Xxxxx FBR Securities to offer or sell, any Placement Shares through B. X. Xxxxx FBR Securities as agent (and, by notice to B. X. Xxxxx FBR Securities given by telephone (confirmed promptly by telecopy or email), shall cancel any instructions for any such offer or sale of any Placement Shares prior to the commencement of the periods referenced below), and B. X. Xxxxx FBR Securities shall not be obligated to make any such offer or sale of Placement Shares, (i) during any period in which the Company is, or could be deemed to be, in possession of material non-public information or (ii) except as provided in Section 5(e)(i) hereof, at any time during the period commencing on the 10th 5th Business Day prior to the time the Company issues a press release containing, or shall otherwise publicly announce, its earnings, revenues or other operating results for a fiscal period or periods (each, an “Earnings Announcement”) through and including the time that is 24 hours after the time that the Company files a Quarterly Report on Form 10-Q or an Annual Report on Form 10-K (a “Filing Time”) that includes consolidated financial statements as of and for the same fiscal period or periods, as the case may be, covered by such Earnings Announcement.

Black-out Limitations. Notwithstanding any other provision of this Agreement, the Company shall not offer or sell, or instruct B. Xxxxx FBR Securities to offer or sell, any Placement Shares through B. Xxxxx FBR Securities as agent (and, by notice to B. Xxxxx FBR Securities given by telephone (confirmed promptly by telecopy or email), shall cancel any instructions for any such offer or sale of any Placement Shares prior to the commencement of the periods referenced below), and B. Xxxxx FBR Securities shall not be obligated to make any such offer or sale of Placement Shares, (i) during any period in which the Company is, or could be deemed to be, in possession of material non-public information or (ii) except as provided in Section 5(e)(i) hereof, at any time during the period commencing on the 10th 5th Business Day prior to the time the Company issues a press release containing, or shall otherwise publicly announce, its earnings, revenues or other operating results for a fiscal period or periods (each, an “Earnings Announcement”) through and including the time that is 24 hours after the time that the Company files a Quarterly Report on Form 10-Q or an Annual Report on Form 10-K (a “Filing Time”) that includes consolidated financial statements as of and for the same fiscal period or periods, as the case may be, covered by such Earnings Announcement.

Black-out Limitations. Notwithstanding any other provision of this Agreement, the Company shall not offer or sell, or instruct B. Xxxxx FBR Fargo Securities to offer or sell, any Placement Shares Securities through B. Xxxxx FBR Fargo Securities as agent (and, by notice to B. Xxxxx FBR Fargo Securities given by telephone (confirmed promptly by facsimile transmission, telecopy or email)), shall cancel any instructions for any such offer or sale of any Placement Shares Securities prior to the commencement of the periods referenced below), and B. Xxxxx FBR Fargo Securities shall not be obligated to make any such offer or sale of Placement SharesSecurities, (i) during any period in which the Company is, or could be deemed to be, in possession of material non-public information or (ii) except as provided in Section 5(e)(i6(g) hereof, at any time during from and including the period commencing date on the 10th Business Day prior to the time which the Company issues a press release containing, or shall otherwise publicly announce, its earnings, revenues or other operating results for a fiscal period or periods (each, an “Earnings Announcement”) through and including the time that is 24 hours after the time that the Company files a Quarterly Report on Form 10-Q 10‑Q or an Annual Report on Form 10-K 10‑K (a “Filing Time”) that includes consolidated financial statements as of and for the same fiscal period or periods, as the case may be, covered by such Earnings Announcement.

Black-out Limitations. Notwithstanding any other provision of this Agreement, the Company shall not offer or sell, or instruct B. Xxxxx FBR Securities to offer or sell, any Placement Shares through B. Xxxxx FBR Securities as agent (and, by notice to B. Xxxxx FBR Securities given by telephone (confirmed promptly by telecopy or email), shall cancel any instructions for any such offer or sale of any Placement Shares prior to the commencement of the periods referenced below), and B. Xxxxx FBR Securities shall not be obligated to make any such offer or sale of Placement Shares, (i) during any period in which the Company is, or could be deemed to be, in possession of material non-public information or (ii) except as provided in Section 5(e)(i) hereof, at any time during the period commencing on the 10th Business Day prior to the time the Company issues a press release containing, or shall otherwise publicly announce, its earnings, revenues or other operating results for a fiscal period or periods (each, an “Earnings Announcement”) through and including the time that is 24 hours after the time that the Company files a Quarterly Report on Form 10-Q or an Annual Report on Form 10-K (a “Filing Time”) that includes consolidated financial statements as of and for the same fiscal period or periods, as the case may be, covered by such Earnings Announcement.

Black-out Limitations. Notwithstanding any other provision of this Agreement, the Company shall not offer or sell, or instruct B. Xxxxx FBR X.X. Xxxxxx Securities to offer or sell, any Placement Shares Securities through B. Xxxxx FBR X.X. Xxxxxx Securities as agent (and, by notice to B. Xxxxx FBR X.X. Xxxxxx Securities given by telephone (confirmed promptly by telecopy or email), shall cancel any instructions for any such offer or sale of any Placement Shares Securities prior to the commencement of the periods referenced below), and B. Xxxxx FBR X.X. Xxxxxx Securities shall not be obligated to make any such offer or sale of Placement SharesSecurities, (i) during any period in which the Company is, or could be deemed to be, in possession of material non-public information or (ii) except as provided in Section 5(e)(i6(f)(1) hereof, at any time during from and including the period commencing date on the 10th Business Day prior to the time which the Company issues a press release containing, or shall otherwise publicly announce, its earnings, revenues or other operating results for a fiscal period or periods (each, an “Earnings Announcement”) through and including the time that is 24 hours after the time that the Company files a Quarterly Report on Form 10-Q or an Annual Report on Form 10-K (a “Filing Time”) that includes consolidated financial statements as of and for the same fiscal period or periods, as the case may be, covered by such Earnings Announcement.

Black-out Limitations. Notwithstanding any other provision of this Agreement, the Company shall not offer or sell, or instruct B. Xxxxx FBR Fargo Securities to offer or sell, any Placement Shares Securities through B. Xxxxx FBR Fargo Securities as agent (and, by notice to B. Xxxxx FBR Fargo Securities given by telephone (confirmed promptly by telecopy or email), shall cancel any instructions for any such offer or sale of any Placement Shares Securities prior to the commencement of the periods referenced below), and B. Xxxxx FBR Fargo Securities shall not be obligated to make any such offer or sale of Placement SharesSecurities, (i) during any period in which the Company is, or could be deemed to be, is in possession of material non-public information or inside information (as defined in the EU Market Abuse Regulation) or (ii) except as provided in Section 5(e)(i6(f)(1) hereof, at any time during the period commencing on the 10th Business Day business day prior to the time the Company issues a press release containing, or shall otherwise publicly announce, its earnings, revenues or other operating results for a fiscal period or periods (each, an “Earnings Announcement”) through and including the time that is 24 hours after the time that the Company files a Quarterly Report on Form 10-Q or an Annual Report on Form 10-K (a “Filing Time”) that includes consolidated financial statements as of and for the same fiscal period or periods, as the case may be, covered by such Earnings Announcement.