Common use of Solicitation Materials Clause in Contracts

Solicitation Materials. The Company has not (i) distributed any offering materials in connection with the offering and sale of the Securities other than the Disclosure Materials and any amendments and supplements thereto or (ii) solicited any offer to buy or sell the Securities by means of any form of general solicitation or advertising.

Solicitation Materials. The Company has not (i) distributed any offering materials in connection with the offering and sale of the Securities other than Common Stock to the Disclosure Materials and any amendments and supplements thereto Purchaser hereunder or (ii) solicited any offer to buy or sell the Securities Common Stock hereunder by means of any form of general solicitation or advertising.

Solicitation Materials. The Company has not (i) distributed any offering materials in connection with the offering and sale of the Securities Shares, the Warrants, the Underlying Shares or the Warrant Shares other than the Disclosure Materials and any amendments and supplements thereto prepared in compliance herewith or (ii) solicited any offer to buy or sell the Securities Shares, the Warrants, the Underlying Shares or the Warrant Shares by means of any form of general solicitation or advertising.

Solicitation Materials. The Company has not (i) distributed any offering materials in connection with the offering and sale of the Securities Securities, other than the Disclosure Materials and any amendments and supplements thereto thereto, or (ii) solicited any offer to buy or sell the Securities by means of any form of general solicitation or advertising.

Solicitation Materials. The Company has not (i) distributed any offering materials in connection with the offering and sale of the Securities Preferred Shares other than than, or that are materially different from, the Disclosure Materials and any amendments and supplements thereto or (ii) solicited any offer to buy or sell the Securities Preferred Shares by means of any form of general solicitation or advertising.

Solicitation Materials. The Company has not (i) distributed any offering materials in connection with the offering and sale of the Securities Shares, the Warrants, the Underlying Shares or the Warrant Shares other than the Disclosure Materials and other filings by the Company pursuant to the Exchange Act prior to the date hereof, and any amendments and supplements thereto prepared in compliance herewith or (ii) solicited any offer to buy or sell the Securities Shares, the Warrants, the Underlying Shares or the Warrant Shares by means of any form of general solicitation or advertising.

Solicitation Materials. The Company has not (i) distributed any offering materials in connection with the offering and sale of the Securities other than the Disclosure Materials and any amendments and supplements thereto or (ii) solicited any offer to buy or sell the Securities by means of any form of general solicitation or advertising.

Solicitation Materials. The Company has not (i) distributed any offering materials in connection with the offering and sale of the Securities Notes, the Warrants, the Underlying Shares or the Warrant Shares other than the Disclosure Materials and any amendments and supplements thereto other filings by the Company pursuant to the Exchange Act prior to the date hereof, or (ii) solicited any offer to buy or sell the Securities Notes, the Warrants, the Underlying Shares or the Warrant Shares by means of any form of general solicitation or advertising.

Solicitation Materials. The Company has not (i) distributed any offering materials in connection with the offering and sale of the Securities other than the Disclosure Materials and any amendments and supplements thereto to each Initial Purchaser hereunder or (ii) solicited any offer to buy or sell the Securities hereunder by means of any form of general solicitation or advertising.

Solicitation Materials. The Company has not (i) distributed any ---------------------- offering materials in connection with the offering and sale of the Securities Convertible Debentures, the Shares, the Warrants, the Underlying Shares or the Warrant Shares other than the Disclosure Materials and any amendments and supplements thereto or (ii) solicited any offer to buy or sell the Securities Convertible Debentures, the Shares, the Warrants, the Underlying Shares or the Warrant Shares by means of any form of general solicitation or advertising.

Solicitation Materials. The Company has not (i) distributed any offering materials in connection with the offering and sale of the Securities Shares or the Underlying Shares other than the Disclosure Materials and any amendments and supplements thereto SEC Documents or (ii) solicited any offer to buy or sell the Securities Shares or the Underlying Shares by means of any form of general solicitation or advertising. None of the information provided to the Purchasers by or on behalf of the Company contain any untrue statement of material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading.

Solicitation Materials. The Company has not (i) distributed any offering materials in connection with the offering and sale of the Securities Securities, other than the Disclosure Materials and any amendments and supplements thereto and the materials listed on Schedule 2.1(m), or (ii) solicited any offer to buy or sell the Securities by means of any form of general solicitation or advertising.

Solicitation Materials. The Company has not (i) distributed ---------------------- any offering materials in connection with the offering and sale of the Securities other than the Disclosure Materials and any amendments and supplements thereto or (ii) solicited any offer to buy or sell the Securities by means of any form of general solicitation or advertising.

Solicitation Materials. The Neither the Company nor any of its subsidiaries has not (ia) distributed any offering materials in connection with the offering and sale of the Securities Securities, other than the disclosure materials delivered to the Purchaser (the "Disclosure Materials and any amendments and supplements thereto Materials"), or (iib) solicited any offer to buy or sell the Securities by means of any form of general solicitation or advertising. Any projections included in the Disclosure Materials are based on the reasonable expectations of the Company's management.

Solicitation Materials. The Company has not (i) distributed any ---------------------- offering materials in connection with the offering and sale of the Securities Convertible Debentures, the Shares, the Warrants, the Underlying Shares or the Warrant Shares other than the Disclosure Materials to this Agreement and any amendments and supplements thereto prepared in compliance herewith or (ii) solicited any offer to buy or sell the Securities Convertible Debentures, the Shares, the Warrants, the Underlying Shares or the Warrant Shares by means of any form of general solicitation or advertising.

Solicitation Materials. The Company has not (i) distributed any ---------------------- offering materials in connection with the offering and sale of the Securities other than the Disclosure Materials and any amendments and supplements thereto or (ii) solicited any offer to buy or sell the Securities by means of any form of general solicitation or advertising.