Sales During Pre-Settlement Period Sample Clauses

Sales During Pre-Settlement Period. Notwithstanding anything herein to the contrary, if at any time on or after the time of execution of this Agreement by the Company and an applicable Purchaser, through, and including the time immediately prior to the Closing (the “Pre-Settlement Period”), such Purchaser sells to any Person all, or any portion, of any shares of Common Stock to be issued hereunder to such Purchaser at the Closing (collectively, the “Pre-Settlement Shares”), such Purchaser shall, automatically hereunder (without any additional required actions by such Purchaser or the Company), be deemed to be unconditionally bound to purchase, and the Company shall be deemed unconditionally bound to sell, such Pre-Settlement Shares to such Purchaser at the Closing; provided, that the Company shall not be required to deliver any Pre-Settlement Shares to such Purchaser prior to the Company’s receipt of the purchase price of such Pre-Settlement Shares hereunder; and provided further that the Company hereby acknowledges and agrees that the forgoing shall not constitute a representation or covenant by such Purchaser as to whether or not during the Pre-Settlement Period such Purchaser shall sell any shares of Common Stock to any Person and that any such decision to sell any shares of Common Stock by such Purchaser shall solely be made at the time such Purchaser elects to effect any such sale, if any.
Sales During Pre-Settlement Period. If at any time on or after the time of execution of the underwriting agreement with respect to the Current Offering by the Company and the Underwriter, through and including the time immediately prior to the Closing (the “Pre-Settlement Period”), the Holder sells to any Person all, or any portion, of any Common Shares (and/or any Common Shares issuable upon exercise of any warrants to be otherwise acquired by the Holder in the Current Offering), in each case, pursuant to allocations by the Underwriter to the Holder in the Current Offering (collectively, the “Pre-Settlement Shares”), the Holder shall automatically hereunder (without any additional required actions by the Company or the Holder (other than one or more exercise notices with respect to the Pre-Settlement Shares issuable upon exercise of any warrants, to otherwise be acquired by the Holder in the Current Offering)), be deemed to be unconditionally bound to purchase, and the Company shall be deemed unconditionally bound to sell, such Pre-Settlement Shares to be acquired by the Holder at the closing of the Current Offering; provided, that the Company shall not be required to deliver any Pre-Settlement Shares to the Holder prior to the Company’s receipt of the purchase price of such Pre-Settlement Shares; and provided further that the Company hereby acknowledges and agrees that the forgoing shall not constitute a representation or covenant by the Holder as to whether or not during the Pre-Settlement Period the Holder shall sell any Pre-Settlement Shares to any Person and that any such decision to sell any Pre-Settlement Shares by the Holder shall be made, in the sole discretion of such Investor, at the time the Holder elects to effect any such sale, if any.