Common use of Sales by the Company Clause in Contracts

Sales by the Company. For a period of sixty (60) days following the expiration of the ten (10) day period described in Section 7.4 above, the Company may issue the New Securities with respect to which the Investor’s preemptive right under this Section 7 was not exercised, at a price and upon terms not more favorable to the Proposed Recipient thereof than specified in the Issuance Notice. In the event the Company has not completed the sale of such securities to the Proposed Recipient within such sixty (60) day period, the Company shall not thereafter issue or sell any securities without first again offering such securities to the Investor in the manner provided in this Section 7.

Sales by the Company. For a period of sixty (60) days following the expiration of the ten twenty-five (1025) day period described in Section 7.4 7.3 above, the Company may issue the New Securities securities with respect to which the Investor’s preemptive right Preemptive Rights under this Section 7 was were not exercised, at a price and upon terms not more favorable to the Proposed Recipient thereof than specified in the Issuance Notice. In the event the Company has not completed the sale of such securities to the Proposed Recipient within such sixty (60) day period, the Company shall not thereafter issue or sell any securities without first again offering such securities to the Investor Preemptive Rightholders in the manner provided in this Section 77.1 above.

Sales by the Company. For a period of sixty (60) days following the expiration of the ten (10) day period described in Section 7.4 aboveIssuance Notice Period, the Company may issue the New Securities with respect to which the Investor’s preemptive right under this Section 7 3 was not exercised, at a price and upon terms not more favorable to the Proposed Recipient thereof than specified in the Issuance Notice. In the event the Company has not completed the sale of such securities to the Proposed Recipient within such sixty (60) day period, the Company shall not thereafter issue or sell any securities without first again offering such securities to the Investor in the manner provided in this Section 7.3. ARTICLE IV. INVESTOR DIRECTOR

Sales by the Company. For a period of sixty (60) days following the expiration of the second ten (10) day period as described in Section 7.4 7.2 above, the Company may issue the sell any New Securities with respect to which the Investor’s Preferred Shareholders' preemptive right rights under this Section 7 was not exercised, at a price and upon terms not more favorable to the Proposed Recipient purchasers thereof than specified in the Issuance Notice. In the event the Company has not completed the sale of sold such securities to the Proposed Recipient New Securities within such sixty (60) day period, the Company shall not thereafter issue or sell any securities New Securities, without first again offering such securities to the Investor Preferred Shareholders in the manner provided in this Section 77.1 above.

Sales by the Company. For a period of sixty one hundred and twenty (60120) days following the expiration of the ten thirty (1030) day period as described in Section 7.4 7.2 above, the Company may issue the sell any New Securities with respect to which the Investora Preferred Shareholder’s preemptive right rights under this Section 7 was were not exercised, at a price and upon terms not more favorable to the Proposed Recipient purchasers thereof than specified in the Issuance Notice. In the event the Company has not completed the sale of sold such securities to the Proposed Recipient New Securities within such sixty one hundred and twenty (60120) day period, the Company shall not thereafter issue or sell any securities New Securities, without first again offering such securities to the Investor Preferred Shareholder(s) in the manner provided in this Section 77.1 above.

Sales by the Company. For a period of sixty (60) days following the expiration of the ten (10) day period as described in Section 7.4 7.2 above, the Company may issue the sell any New Securities with respect to which the Investora Series A Holder’s preemptive right rights under this Section 7 was were not exercised, at a price and upon terms not more favorable to the Proposed Recipient purchasers thereof than specified in the Issuance Notice. In the event the Company has not completed the sale of sold such securities to the Proposed Recipient New Securities within such sixty (60) day period, the Company shall not thereafter issue or sell any securities New Securities, without first again offering such securities to the Investor Series A Holders in the manner provided in this Section 77.1 above.

Sales by the Company. For a period of sixty (60) days following the expiration of the second ten (10) day period as described in Section 7.4 2.3(b) above, the Company may issue the sell any New Securities with respect to which the Investor’s Investors’ preemptive right rights under this Section 7 2.3 was not exercised, at a price and upon terms not more favorable to the Proposed Recipient purchasers thereof than specified in the Issuance Notice. In the event the Company has not completed the sale of sold such securities to the Proposed Recipient New Securities within such sixty (60) day period, the Company shall not thereafter issue or sell any securities New Securities, without first again offering such securities to the Investor Investors in the manner provided in this Section 72.3(a) above.

Sales by the Company. For a period of sixty (60) days following the expiration of the ten (10) day period as described in Section 7.4 7.2 above (the ten (10) day period described in Section 7.3 above, if applicable), the Company may issue the sell any New Securities with respect to which the Investor’s preemptive right Series A Holders’ rights under this Section 7 was were not exercised, at a price and upon terms not more favorable to the Proposed Recipient purchasers thereof than specified in the Issuance Notice. In the event the Company has not completed the sale of sold such securities to the Proposed Recipient New Securities within such sixty (60) day period, the Company shall not thereafter issue or sell any securities New Securities, without first again offering such securities to the Investor Series A Holders in the manner provided in this Section 7.

Sales by the Company. For a period of sixty (60) days following the expiration of the ten (10) day period as described in Section 7.4 7.2 above (the ten (10) day period described in Section 7.3 above, if applicable), the Company may issue the sell any New Securities with respect to which the Investor’s preemptive right Preferred Share Holders’ rights under this Section 7 was were not exercised, at a price and upon terms not more favorable to the Proposed Recipient purchasers thereof than specified in the Issuance Notice. In the event the Company has not completed the sale of sold such securities to the Proposed Recipient New Securities within such sixty (60) day period, the Company shall not thereafter issue or sell any securities New Securities, without first again offering such securities to the Investor Preferred Share Holders in the manner provided in this Section 7.

Sales by the Company. For a period Upon the expiration of forty (40) days from the Company's delivery of the Issuance Notice and for sixty (60) days following the expiration of the ten (10) day period described in Section 7.4 abovethereafter, the Company may issue the sell any New Securities with respect to which the Investor’s preemptive right Investors' pre-emptive rights under this Section 7 9.8 was not exercised, at a price and upon terms not no more favorable to the Proposed Recipient purchasers thereof than specified in the Issuance Notice. In the event the Company has not completed the sale of sold such securities to the Proposed Recipient New Securities within such sixty (60) -day period, the Company shall not thereafter issue or sell any securities New Securities, without first again offering such securities to the Investor Investors in the manner provided in this Section 79.8(i) above.

Sales by the Company. For a period of sixty (60) days following Upon the expiration of 40 days from the ten (10) day period described in Section 7.4 aboveCompany's delivery of the Issuance Notice and for 60 days thereafter, the Company may issue the sell any New Securities with respect to which the Investor’s preemptive right Investors' pre-emptive rights under this Section 7 9.10 was not exercised, at a price and upon terms not no more favorable to the Proposed Recipient purchasers thereof than specified in the Issuance Notice. In the event the Company has not completed the sale of sold such securities to the Proposed Recipient New Securities within such sixty (60) -day period, the Company shall not thereafter issue or sell any securities New Securities, without first again offering such securities to the Investor Investors in the manner provided in this Section 79.10(i) above.