Common use of Certain Blackout Periods Clause in Contracts

Certain Blackout Periods. Notwithstanding any other provision of this Agreement, the Company and JonesTrading agree that no sales of Placement Securities shall take place, and the Company shall not request the sale of any Placement Securities that would be sold, and the Agent shall not be obligated to sell, (i) during any period in which the Company is in possession of material non-public information; provided that, unless otherwise agreed between the Company and JonesTrading, for purposes of this clause (i), such period shall be deemed to end on the date on which the Company’s next subsequent Annual Report on Form 10–K or Quarterly Report on Form 10–Q, as the case may be, is filed with the Commission or (ii) during any other period in which the Company is in possession of material non-public information or (iii) except as provided in Section 6(g) below, at any time from and including the date (each, an “Announcement Date”) on which the Company shall issue a press release containing, or shall otherwise publicly announce, its earnings, revenues or other results of operations (each, an “Earnings Announcement”) through and including the time that is 24 hours after the time that the Company files (a “Filing Time”) a Quarterly Report on Form 10-Q or an Annual Report on Form 10-K that includes consolidated financial statements as of and for the same period or periods, as the case may be, covered by such Earnings Announcement.

Certain Blackout Periods. Notwithstanding any other provision of this Agreement, the Company and JonesTrading Jxxxxx agree that no sales of Placement Securities shall take place, and the Company shall not request the sale of any Placement Securities that would be sold, and the Agent Jxxxxx shall not be obligated to sell, (i) during any period in which the Company is in possession of material non-public information; provided thatinformation (and, unless otherwise agreed between if a Placement Notice is then pending, the Company and JonesTrading, for purposes of this clause (i), such period shall be deemed to end on the date on which the Company’s next subsequent Annual Report on Form 10–K or Quarterly Report on Form 10–Q, as the case may be, is filed with the Commission or (ii) during any other period in which promptly inform Jxxxxx that the Company is in possession of material non-public information such information) or (iiiii) except as provided in Section 6(g) below, at any time from and including the date (each, an “Announcement Date”) on which the Company shall issue a press release containing, or shall otherwise publicly announce, its earnings, revenues or other results of operations (each, an “Earnings Announcement”) through and including the time that is 24 hours after the time that the Company files (a “Filing Time”) a Quarterly Report on Form 10-Q or an Annual Report on Form 10-K that includes consolidated financial statements as of and for the same period or periods, as the case may be, covered by such Earnings Announcement.

Certain Blackout Periods. Notwithstanding any other provision of this Agreement, the Company and JonesTrading the Sales Agents agree that no sales of Placement Securities shall take place, and the Company shall not request the sale of any Placement Securities that would be sold, and the Agent shall not be obligated to sell, (i) during any period in which the Company is in possession of material non-public information; provided that, unless otherwise agreed between the Company and JonesTradingthe Sales Agents, for purposes of this clause (i), such period shall be deemed to end on the date on which the Company’s next subsequent Annual Report on Form 10–K or Quarterly Report on Form 10–Q, as the case may be, is filed with the Commission or (ii) during any other period in which the Company is in possession of material non-public information or (iii) except as provided in Section 6(g) below, at any time from and including the date (each, an “Announcement Date”) on which the Company shall issue a press release containing, or shall otherwise publicly announce, its earnings, revenues or other results of operations (each, an “Earnings Announcement”) through and including the time that is 24 hours after the time that the Company files (a “Filing Time”) a Quarterly Report on Form 10-Q or an Annual Report on Form 10-K that includes consolidated financial statements as of and for the same period or periods, as the case may be, covered by such Earnings Announcement.

Certain Blackout Periods. Notwithstanding any other provision of this Agreement, the Company and JonesTrading the Sales Agent agree that no sales of Placement Securities Shares shall take place, and the Company shall not request the sale of any Placement Securities Shares that would be sold, and the Sales Agent shall not be obligated to sell, (i) during any period in which the Company is in possession of material non-public information; provided that, unless otherwise agreed between the Company and JonesTradingthe Sales Agent, for purposes of this clause (i), such period shall be deemed to end on the date on which the Company’s next subsequent Annual Report on Form 10–-K or Quarterly Report on Form 10–-Q, as the case may be, is filed with the Commission or (ii) during any other period in which the Company is in possession of material non-public information or (iii) except as provided in Section 6(g7(f) below, at any time from and including the date (each, an “Announcement Date”) on which the Company shall issue a press release containing, or shall otherwise publicly announce, its earnings, revenues or other results of operations (each, an “Earnings Announcement”) through and including the time that is 24 hours after the time that the Company files (a “Filing Time”) a Quarterly Report on Form 10-Q or an Annual Report on Form 10-K that includes consolidated financial statements as of and for the same period or periods, as the case may be, covered by such Earnings Announcement.

Certain Blackout Periods. Notwithstanding any other provision of this Agreement, the Company and JonesTrading the Sales Agents agree that no sales of Placement Securities shall take place, and the Company shall not request the sale of any Placement Securities that would be sold, and the Agent shall not be obligated to sell, (i) during any period in which the Company is in possession of material non-public information; provided that, unless otherwise agreed between the Company and JonesTradingthe Sales Agents, for purposes of this clause (i), such period shall be deemed to end on the date on which the Company’s next subsequent Annual Report on Form 10–-K or Quarterly Report on Form 10–-Q, as the case may be, is filed with the Commission or (ii) during any other period in which the Company is in possession of material non-public information or (iii) except as provided in Section 6(g) below, at any time from and including the date (each, an “Announcement Date”) on which the Company shall issue a press release containing, or shall otherwise publicly announce, its earnings, revenues or other results of operations (each, an “Earnings Announcement”) through and including the time that is 24 hours after the time that the Company files (a “Filing Time”) a Quarterly Report on Form 10-Q or an Annual Report on Form 10-K that includes consolidated financial statements as of and for the same period or periods, as the case may be, covered by such Earnings Announcement.

Certain Blackout Periods. Notwithstanding any other provision of this Agreement, the Company and JonesTrading Stifel agree that no sales of Placement Securities shall take place, and the Company shall not request the sale of any Placement Securities that would be sold, and the Agent Stifel shall not be obligated to sell, (i) during any period in which the Company is in possession of material non-public information; provided thatinformation (and, unless otherwise agreed between if a Placement Notice is then pending, the Company and JonesTrading, for purposes of this clause (i), such period shall be deemed to end on the date on which the Company’s next subsequent Annual Report on Form 10–K or Quarterly Report on Form 10–Q, as the case may be, is filed with the Commission or (ii) during any other period in which promptly inform Stifel that the Company is in possession of material non-public information such information) or (iiiii) except as provided in Section 6(g) below, at any time from and including the date (each, an “Announcement Date”) on which the Company shall issue a press release containing, or shall otherwise publicly announce, its earnings, revenues or other results of operations (each, an “Earnings Announcement”) through and including the time that is 24 hours after the time that the Company files (a “Filing Time”) a Quarterly Report on Form 10-Q or an Annual Report on Form 10-K that includes consolidated financial statements as of and for the same period or periods, as the case may be, covered by such Earnings Announcement.

Certain Blackout Periods. Notwithstanding any other provision of this Agreement, the Company and JonesTrading agree that no sales of shall not offer, sell or deliver, or request the offer or sale of, any Placement Securities and, by notice to RBS given by telephone (confirmed promptly by facsimile transmission or email), shall take place, and cancel any instructions for the Company shall not request the offer or sale of any Placement Securities that would be soldSecurities, and the Agent RBS shall not be obligated to selloffer or sell any Securities, (i) during any period in which the Company is in possession Company’s xxxxxxx xxxxxxx policy, as it exists on the date of material non-public information; this Agreement, would prohibit the purchases or sales of the Company’s Common Stock by its officers or directors provided that, unless otherwise agreed between the Company and JonesTradingRBS, for purposes of this clause (i), such period shall be deemed to end on 24 hours after the date on which the Company’s next subsequent Annual Report on Form 10–K or Quarterly Report on Form 10–Q, as the case may be, is filed with the Commission or (ii) during any other period in which the Company is in possession of material non-public information or (iii) except as provided in Section 6(g6(h) below, at any time from and including the date (each, an “Announcement Date”) on which the Company shall issue a press release containing, or shall otherwise publicly announce, its earnings, revenues or other results of operations (each, an “Earnings Announcement”) through and including the time that is 24 hours after the time that the Company files (a “Filing Time”) a Quarterly Report on Form 10-Q or an Annual Report on Form 10-K that includes consolidated financial statements as of and for the same period or periods, as the case may be, covered by such Earnings Announcement.

Certain Blackout Periods. Notwithstanding any other provision of this Agreement, the Company and JonesTrading Cantor agree that no sales of Placement Securities shall take place, and the Company shall not request the sale of any Placement Securities that would be sold, and the Agent Cantor shall not be obligated to sell, (i) during any period in which the Company is in possession of material non-public information; provided thatinformation (and, unless otherwise agreed between if a Placement Notice is then pending, the Company and JonesTrading, for purposes of this clause (i), such period shall be deemed to end on the date on which the Company’s next subsequent Annual Report on Form 10–K or Quarterly Report on Form 10–Q, as the case may be, is filed with the Commission or (ii) during any other period in which promptly inform Cantor that the Company is in possession of material non-public information such information) or (iiiii) except as provided in Section 6(g) below, at any time from and including the date (each, an “Announcement Date”) on which the Company shall issue a press release containing, or shall otherwise publicly announce, its earnings, revenues or other results of operations (each, an “Earnings Announcement”) through and including the time that is 24 hours after the time that the Company files (a “Filing Time”) a Quarterly Report on Form 10-Q or an Annual Report on Form 10-K that includes consolidated financial statements as of and for the same period or periods, as the case may be, covered by such Earnings Announcement.

Certain Blackout Periods. Notwithstanding any other provision of this Agreement, the Company and JonesTrading the Sales Agent agree that no sales of Placement Securities Shares shall take place, and the Company shall not request the sale of any Placement Securities Shares that would be sold, and the Sales Agent shall not be obligated to sellsell , (i) during any period in which the Company is in possession of material non-public information; provided that, unless otherwise agreed between the Company and JonesTradingthe Sales Agent, for purposes of this clause (i), such period shall be deemed to end on the date on which the Company’s next subsequent Annual Report on Form 10–-K or Quarterly Report on Form 10–-Q, as the case may be, is filed with the Commission or (ii) during any other period in which the Company is in possession of material non-public information or (iii) except as provided in Section 6(g7(f) below, at any time from and including the date (each, an “Announcement Date”) on which the Company shall issue a press release containing, or shall otherwise publicly announce, its earnings, revenues or other results of operations (each, an “Earnings Announcement”) through and including the time that is 24 hours after the time that the Company files (a “Filing Time”) a Quarterly Report on Form 10-Q or an Annual Report on Form 10-K that includes consolidated financial statements as of and for the same period or periods, as the case may be, covered by such Earnings Announcement.

Certain Blackout Periods. Notwithstanding any other provision of this Agreement, the Company and JonesTrading B. Xxxxx agree that no sales of Placement Securities shall take place, and the Company shall not request the sale of any Placement Securities that would be sold, and the Agent B. Xxxxx shall not be obligated to sell, (i) during any period in which the Company is in possession of material non-public information; provided thatinformation (and, unless otherwise agreed between if a Placement Notice is then pending, the Company and JonesTrading, for purposes of this clause (i), such period shall be deemed to end on the date on which the Company’s next subsequent Annual Report on Form 10–K or Quarterly Report on Form 10–Q, as the case may be, is filed with the Commission or (ii) during any other period in which promptly inform B. Xxxxx that the Company is in possession of material non-public information such information) or (iiiii) except as provided in Section 6(g) below, at any time from and including the date (each, an “Announcement Date”) on which the Company shall issue a press release containing, or shall otherwise publicly announce, its earnings, revenues or other results of operations (each, an “Earnings Announcement”) through and including the time that is 24 hours after the time that the Company files (a “Filing Time”) a Quarterly Report on Form 10-Q or an Annual Report on Form 10-K that includes consolidated financial statements as of and for the same period or periods, as the case may be, covered by such Earnings Announcement.

Certain Blackout Periods. Notwithstanding any other provision of this Agreement, the Company and JonesTrading Xxxxx agree that no sales of Placement Securities shall take place, and the Company shall not request the sale of any Placement Securities that would be sold, and the Agent Xxxxx shall not be obligated to sell, (i) during any period in which the Company is in possession of material non-public information; provided thatinformation (and, unless otherwise agreed between if a Placement Notice is then pending, the Company and JonesTrading, for purposes of this clause (i), such period shall be deemed to end on the date on which the Company’s next subsequent Annual Report on Form 10–K or Quarterly Report on Form 10–Q, as the case may be, is filed with the Commission or (ii) during any other period in which promptly inform Xxxxx that the Company is in possession of material non-public information such information) or (iiiii) except as provided in Section 6(g) below, at any time from and including the date (each, an “Announcement Date”) on which the Company shall issue a press release containing, or shall otherwise publicly announce, its earnings, revenues or other results of operations (each, an “Earnings Announcement”) through and including the time that is 24 hours after the time that the Company files (a “Filing Time”) a Quarterly Report on Form 10-Q or an Annual Report on Form 10-K that includes consolidated financial statements as of and for the same period or periods, as the case may be, covered by such Earnings Announcement.

Certain Blackout Periods. Notwithstanding any other provision of this Agreement, the Company and JonesTrading agree that no sales of shall not offer, sell or deliver, or request the offer or sale of, any Placement Securities and, by notice to RBC Capital Markets given by telephone (confirmed promptly by facsimile transmission or email), shall take place, and cancel any instructions for the Company shall not request the offer or sale of any Placement Securities that would be soldSecurities, and the Agent RBC Capital Markets shall not be obligated to selloffer or sell any Securities, (i) during any period in which the Company is in possession Company’s xxxxxxx xxxxxxx policy, as it exists on the date of material non-public information; this Agreement, would prohibit the purchases or sales of the Company’s Common Stock by its officers or directors provided that, unless otherwise agreed between the Company and JonesTradingRBC Capital Markets, for purposes of this clause (i), such period shall be deemed to end on 24 hours after the date on which the Company’s next subsequent Annual Report on Form 10–K or Quarterly Report on Form 10–Q, as the case may be, is filed with the Commission or (ii) during any other period in which the Company is in possession of material non-public information or (iii) except as provided in Section 6(g6(h) below, at any time from and including the date (each, an “Announcement Date”) on which the Company shall issue a press release containing, or shall otherwise publicly announce, its earnings, revenues or other results of operations (each, an “Earnings Announcement”) through and including the time that is 24 hours after the time that the Company files (a “Filing Time”) a Quarterly Report on Form 10-Q or an Annual Report on Form 10-K that includes consolidated financial statements as of and for the same period or periods, as the case may be, covered by such Earnings Announcement.

Certain Blackout Periods. Notwithstanding any other provision of this Agreement, the Company and JonesTrading Xxxxx Fargo Securities agree that no sales of Placement Securities shall take place, and the Company shall not request the sale of any Placement Securities that would be sold, and the Agent shall not be obligated to sell, (i) during any period in which the Company is in possession of material non-public information; provided that, unless otherwise agreed between the Company and JonesTradingXxxxx Fargo Securities, for purposes of this clause (i), such period shall be deemed to end on the date on which the Company’s next subsequent Annual Report on Form 10–K or Quarterly Report on Form 10–Q, as the case may be, is filed with the Commission or (ii) during any other period in which the Company is in possession of material non-public information or (iii) except as provided in Section 6(g) below, at any time from and including the date (each, an “Announcement Date”) on which the Company shall issue a press release containing, or shall otherwise publicly announce, its earnings, revenues or other results of operations (each, an “Earnings Announcement”) through and including the time that is 24 hours after the time that the Company files (a “Filing Time”) a Quarterly Report on Form 10-Q or an Annual Report on Form 10-K that includes consolidated financial statements as of and for the same period or periods, as the case may be, covered by such Earnings Announcement.