Common use of CAPITAL RAISING LIMITATIONS; RIGHT OF PARTICIPATION Clause in Contracts

CAPITAL RAISING LIMITATIONS; RIGHT OF PARTICIPATION. (i) Lock up of Issuance of Securities. Except for Permitted Subsequent Financings (as defined in the Debenture), except for Exempt Issuances and except for the transactions or other issuances of securities by the Company as contemplated by the Transaction Documents, from the date hereof until the date that is one (1) year after the Closing Date, neither the Company nor any Subsidiary shall issue shares of Common Stock or Common Stock Equivalents, and from the date that is one (1) year after the Closing Date until the date that is two (2) years after the Closing Date, neither the Company nor any Subsidiary shall issue shares of Common Stock or Common Stock Equivalents for an effective price per share, or for a conversion or exchange price per share, that is less than the Initial Conversion Price (as defined in the Debenture); PROVIDED, HOWEVER, the one (1) and two year periods set forth in this Section 4(e), respectively, shall be extended for the number of Trading Days during such period in which (i) trading in the Common Stock is suspended by any Trading Market, or (ii) following the Effective Date, the Registration Statement is not effective or the prospectus included in the Registration Statement may not be used by the Buyers for the resale of the Underlying Shares.