Common use of Equity Matters Clause in Contracts

Equity Matters. With the exception of the shares of Common Stock issued pursuant to the exercise of a Company Option outstanding on the date hereof, the Company shall not issue any equity securities from the date hereof until the earlier of (i) the Call Closing Date (or Select Call Closing Date, should it occur) or Put Closing Date, as applicable or (ii) December 31, 2010.