Common use of No Integrated or Aggregated Offering Clause in Contracts

No Integrated or Aggregated Offering. Neither the Issuer nor any of its affiliates has directly or indirectly, made any offers or sales of any security or solicited any offers to buy any security, under circumstances that would cause the transactions contemplated hereby to be integrated or aggregated with prior offerings by the Issuer in a manner that would require registration of the offer and sale of any of the Convertible Notes or the Warrants under the Securities Act, or shareholder approval of the issuance of the Securities pursuant to the rules of the NYSE.

No Integrated or Aggregated Offering. Neither the Issuer nor any of its affiliates has directly or indirectly, made any offers or sales of any security or solicited any offers to buy any security, under circumstances that would cause the transactions contemplated hereby to be integrated or aggregated with prior offerings by the Issuer in a manner that would require registration of the offer and sale of any of the Convertible Secured Notes or the Warrants under the Securities Act, or shareholder approval of the issuance of the Securities pursuant to the rules of the New York Stock Exchange (“NYSE”).