Certain Capitalization Issues Sample Clauses

Certain Capitalization Issues. (a) From September 23, 2011 through the date of this Amendment, the Company has not issued, or entered into any agreement to issue, equity securities of any class of the Company, or any security exchangeable into or exercisable for such equity securities to any member of the board of directors of the Company or the Company’s CEO, CFO, COO or the VP of Marketing and Sales in an amount over $1,000,000, other than common stock issued upon exercise of options or restricted stock units that were previously granted. (b) From September 23, 2011 through the date of this Amendment, the Company has not entered into any agreement to issue equity securities in an amount over $5,000,000, as consideration payable in connection with the acquisition of any company or business.