Common use of Sales Clause in Contracts

Sales. Without the written consent of the Investor, the Company will not, directly or indirectly, offer to sell, sell, contract to sell, grant any option to sell or otherwise dispose of any shares of Common Stock (other than the Shares offered pursuant to the provisions of this Agreement) or securities convertible into or exchangeable for Common Stock, warrants or any rights to purchase or acquire, Common Stock during the period beginning on the 5th Trading Day immediately prior to an Advance Notice Date and ending on the 5th Trading Day immediately following the corresponding Advance Date.

Appears in 9 contracts

Samples: Equity Distribution Agreement (Maxim Tep, Inc), Equity Distribution Agreement (American Power Corp.), Standby Equity Distribution Agreement (Omagine, Inc.)

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Sales. Without the written consent of the Investor, the Company will not, directly or indirectly, offer to sell, sell, contract to sell, grant any option to sell or otherwise dispose of any shares of Common Stock (other than the Shares offered pursuant to the provisions of this Agreement) or securities convertible into or exchangeable for Common Stock, warrants or any rights to purchase or acquireacquire Common Stock, Common Stock during the period beginning on the 5th Trading Day immediately prior to an Advance Notice Date and ending on the 5th 2nd Trading Day immediately following the corresponding Advance Settlement Date.

Appears in 9 contracts

Samples: Committed Equity Facility Agreement (Progressive Care Inc.), Committed Equity Facility Agreement (Ace Marketing & Promotions Inc), Committed Equity Facility Agreement (Intellicell Biosciences, Inc.)

Sales. Without the written consent of the Investor, the Company will not, directly or indirectly, offer to sell, sell, contract to sell, grant any option to sell or otherwise dispose of any shares of Common Stock (other than the Shares offered pursuant to the provisions of this Agreement) or securities convertible into or exchangeable for Common Stock, warrants or any rights to purchase or acquireacquire Common Stock, Common Stock during the period beginning on the 5th Trading Day immediately prior to an Advance Notice Date and ending on the 5th 2nd Trading Day immediately following the corresponding Advance Closing Date.

Appears in 4 contracts

Samples: Committed Equity Facility Agreement (Growlife, Inc.), Committed Equity Facility Agreement (Sunpeaks Ventures, Inc.), Securities Purchase Agreement (Artec Global Media, Inc.)

Sales. Without the written consent of the Investor, the Company will not, directly or indirectly, offer to sell, sell, contract to sell, grant any option to sell or otherwise dispose of any shares of Common Stock (other than the Shares offered pursuant to the provisions of this Agreement) or securities convertible into or exchangeable for Common Stock, warrants or any rights to purchase or acquire, Common Stock during the period beginning on the 5th Trading Day immediately prior to an Advance Notice Date and ending on the 5th Trading Day immediately following the corresponding Advance Date.

Appears in 2 contracts

Samples: Equity Distribution Agreement (China Recycling Energy Corp), Equity Distribution Agreement (China Recycling Energy Corp)

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Sales. Without the written consent of the Investor, the Company will not, directly or indirectly, offer to sell, sell, contract to sell, grant any option to sell or otherwise dispose of any shares of Common Stock (other than the Shares offered pursuant to the provisions of this Agreement) or securities convertible into or exchangeable for Common Stock, warrants or any rights to purchase or acquire, Common Stock during the period beginning on the 5th Trading Day immediately prior to an Advance Notice Date and ending on the 5th 2nd Trading Day immediately following the corresponding Advance Settlement Date.

Appears in 1 contract

Samples: Equity Distribution Agreement (Banctrust Financial Group Inc)

Sales. Without the written consent of the Investor, the Company will not, directly or indirectly, offer to sell, sell, contract to sell, grant any option to sell or otherwise dispose of any shares of Common Stock (other than the Shares offered to the Investor pursuant to the provisions of this Agreement) or ), securities convertible into or exchangeable for Common Stock, warrants or any rights to purchase or acquireacquire Common Stock, or derivatives of Common Stock during the period beginning on the 5th Trading Day immediately prior to an Advance Notice Date and ending on the 5th Trading Day immediately following the corresponding Advance Share Issuance Date.

Appears in 1 contract

Samples: Equity Distribution Agreement (Lotus Pharmaceuticals, Inc.)

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