Common use of No Inclusion of Other Securities Clause in Contracts

No Inclusion of Other Securities. The Company shall in no event include any securities other than Registrable Securities on any Registration Statement filed in accordance herewith without the prior written consent of the Required Holders. Until the earlier of (x) the first date on which the resale by the Buyers of all the Registrable Securities required to be filed on the initial Registration Statement pursuant to this Agreement is declared effective by the SEC (and each prospectus contained therein is available for use on such date) and Stockholder Approval (as defined in the Warrant Exercise Agreement) has been obtained or (y) the first date on which all of the Registrable Securities are eligible to be resold by the Buyers pursuant to Rule 144 (or, if a Current Public Information Failure has occurred and is continuing, such later date after which the Company has cured such Current Public Information Failure) and Stockholder Approval (as defined in the Warrant Exercise Agreement) has been obtained, the Company shall not enter into any agreement providing any registration rights to any of its security holders, except as otherwise permitted under the Warrant Exercise Agreement.

No Inclusion of Other Securities. The Company shall in no event include any securities other than Registrable Securities on any Registration Statement filed in accordance herewith without the prior written consent of the Required Holders. Until the earlier of (x) the first date on which the resale by the Buyers of all the Registrable Securities required to be filed on the initial Registration Statement pursuant to this Agreement is declared effective by the SEC (and each prospectus contained therein is available for use on such date) and Stockholder Approval (as defined in the Warrant Exercise Amendment Agreement) has been obtained or (y) the first date on which all of the Registrable Securities are eligible to be resold by the Buyers pursuant to Rule 144 (or, if a Current Public Information Failure has occurred and is continuing, such later date after which the Company has cured such Current Public Information Failure) and Stockholder Approval (as defined in the Warrant Exercise Amendment Agreement) has been obtained, the Company shall not enter into any agreement providing any registration rights to any of its security holders, except as otherwise permitted under the Warrant Exercise Amendment Agreement.