Common use of Equity Securities Clause in Contracts

Equity Securities. Notwithstanding anything to the contrary in Article IV and Article V, Target Company shall be permitted to issue additional equity securities (and securities convertible into or exchangeable for equity securities of Target Company), subject to the following conditions occurring: (a) At least ten (10) days prior to a proposed issuance of additional equity securities, Target Company shall deliver to Holdings a notice detailing the information concerning such equity securities offering, including the amount and kind of securities issued or to be issued, the subscribers therefor and other materially related information (a “Plan of Issuance”); (b) Holdings approves the Plan of Issuance, with such approval not being unreasonably withheld; (c) Any equity securities issued according to the approved Plan of Issuance shall be issued no later than ten (10) days prior to the Closing; and (d) Target Company shall timely update Annex B and the affected sections of the Disclosure Schedules pertaining to such equity securities offering.

Equity Securities. Notwithstanding anything to the contrary in Article IV and Article VVI, prior to the Closing, Target Company shall be permitted to issue additional equity securities (and securities convertible into or exchangeable for equity securities of Target Company), subject to the following conditions occurring: (a) At least ten (10) days prior to a proposed issuance of additional equity securities, Target Company shall deliver to Holdings Buyer a notice detailing the information concerning such equity securities offering, including the amount and kind of securities issued or to be issued, the subscribers therefor and other materially related information (a “Plan of Issuance”); (b) Holdings approves the Plan of Issuance, with such approval not being unreasonably withheld; (c) Any equity securities issued according to the approved Plan of Issuance shall be issued no later than ten (10) days prior to the Closing; and (d) Target Company shall timely update Annex B and the affected sections of the Disclosure Schedules pertaining to such equity securities offering.

Equity Securities. Notwithstanding anything to the contrary in Article IV and Article V, Target Company shall be permitted to issue additional equity securities (and securities convertible into or exchangeable for equity securities of Target Company), subject to the following conditions occurring: (a) At least ten (10) days prior to a proposed issuance of additional equity securities, Target Company shall deliver to Holdings a notice detailing the information concerning such equity securities offering, including the amount and kind of securities issued or to be issued, the subscribers therefor and other materially related information (a “Plan of Issuance”); (b) Holdings approves the Plan of Issuance, with such approval not being unreasonably withheld, conditioned or delayed; (c) Any equity securities issued according to the approved Plan of Issuance shall be issued no later than ten (10) days prior to the Closing; and (d) Target Company shall timely update Annex B and the affected sections of the Disclosure Schedules pertaining to such equity securities offering.

Equity Securities. Notwithstanding anything to the contrary in Article IV and Article V, Target Company shall be permitted to issue additional equity securities (and securities convertible into or exchangeable for equity securities of Target Company), subject to the following conditions occurring: (a) At least ten (10) days prior to a proposed issuance of additional equity securities, Target Company shall deliver to Holdings a notice detailing the information concerning such equity securities offering, including the amount and kind of securities issued or to be issued, the subscribers therefor and other materially related information (a “Plan of Issuance”); (b) Holdings approves the Plan of Issuance, with such approval not being unreasonably withheld, conditioned, or delayed; (c) Any equity securities issued according to the approved Plan of Issuance shall be issued no later than ten (10) days prior to the Closing; and (d) Target Company shall timely update Annex B and the affected sections of the Disclosure Schedules pertaining to such equity securities offering.

Equity Securities. Notwithstanding anything to the contrary in Article IV and Article V, Target Company shall be permitted to issue additional equity securities (and securities convertible into or exchangeable for equity securities of Target Company), subject to the following conditions occurring: (a) At least ten (10) days prior to a proposed issuance of additional equity securities, Target Company shall deliver to Holdings a notice detailing the information concerning such equity securities offering, including the amount and kind of securities issued or to be issued, the subscribers therefor and other materially related information (a “Plan of Issuance”); (b) Holdings approves the Plan of Issuance, with such approval not being unreasonably withheld; (c) Any equity securities issued according to the approved Plan of Issuance shall be issued no later than ten (10) days prior to the Closing; and (d) Target Company shall timely update Annex B and the affected sections of the Disclosure Schedules pertaining to such equity securities offering. Notwithstanding the foregoing, in the event that Target Company undertakes the issuance of certain convertible notes in materially the same form and with the same material terms as those convertible notes previously issued by Target Company prior to the date hereof, the approval of Holdings set forth in this Section 5.12 shall not be required.