Common use of Stand-Off Agreement Clause in Contracts

Stand-Off Agreement. Without the written consent of the Sales Agent, 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 or securities convertible into or exchangeable for Common Stock (other than Common Shares hereunder), warrants or any rights to purchase or acquire, Common Stock during the period beginning on an Issuance Date and ending at the close of business of the related Settlement Date; provided, however, that such restriction will not be required in connection with the Company's issuance or sale of (i) Common Stock, options to purchase shares of Common Stock or Common Stock issuable upon the exercise of options or other rights pursuant to any employee or director stock option or benefit plan, stock purchase or ownership plan (whether currently existing or adopted hereafter), dividend reinvestment plan or direct purchase plan, including, without limitation, the Southern Investment Plan, of the Company, (ii) Common Stock issuable upon conversion of securities or the exercise of warrants, options or other rights disclosed in the Company's Commission filings and (iii) Common Stock issuable as consideration in connection with acquisitions of business, assets or securities of other Persons. The settlement of Common Shares which have been sold pursuant to an Alternative Sales Agency Agreement is permitted pursuant to this Section 4.12 without the consent of the Sales Agent.

Stand-Off Agreement. Without the written consent of the Sales Agent, 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 or securities convertible into or exchangeable for Common Stock (other than Common Shares hereunder), warrants or any rights to purchase or acquire, Common Stock during the period beginning on an Issuance Date and ending at the close of business of the related Settlement Date; provided, however, that such restriction will not be required in connection with the Company's ’s issuance or sale of (i) Common Stock, options to purchase shares of Common Stock or Common Stock issuable upon the exercise of options or other rights pursuant to any employee or director stock option or benefit plan, stock purchase or ownership plan (whether currently existing or adopted hereafter), dividend reinvestment plan or direct purchase plan, including, without limitation, the Southern Investment Plan, of the Company, (ii) Common Stock issuable upon conversion of securities or the exercise of warrants, options or other rights disclosed in the Company's ’s Commission filings and (iii) Common Stock issuable as consideration in connection with acquisitions of business, assets or securities of other Persons. The settlement of Common Shares which have been sold pursuant to an Alternative Sales Agency Agreement is permitted pursuant to this Section 4.12 without the consent of the Sales Agent.

Stand-Off Agreement. Without the written consent of the Sales Agent, 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 or securities convertible into or exchangeable for Common Stock (other than Common Shares hereunder), warrants or any rights to purchase or acquire, Common Stock during the period beginning on an Issuance Date and ending at the close of business of the related Settlement Date; provided, however, that such restriction will not be required in connection with the Company's ’s issuance or sale of (i) Common Stock, options to purchase shares of Common Stock or Common Stock issuable upon the exercise of options or other rights pursuant to any employee or director stock option or benefit plan, stock purchase or ownership plan (whether currently existing or adopted hereafter), dividend reinvestment plan or direct purchase plan, including, without limitation, the Southern Investment Plan, of the Company, (ii) Common Stock issuable upon conversion of securities or the exercise of warrants, options or other rights disclosed in the Company's ’s Commission filings and (iii) Common Stock issuable as consideration in connection with acquisitions of business, assets or securities of other Persons. The settlement of Common Shares which have been sold pursuant to an Alternative Sales Agency Agreement is permitted pursuant to this Section 4.12 without the consent of the Sales Agent, so long as such sales were made within the limitations provided in Section 2.01(a)(i) hereof.

Stand-Off Agreement. Without the written consent of the Sales Agent, 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 or securities convertible into or exchangeable for Common Stock (other than Common Shares hereunder), warrants or any rights to purchase or acquire, Common Stock during the period beginning on an the first (1st) Trading Day immediately prior to the date on which any Issuance Date Notice is delivered to the Sales Agent hereunder and ending at on the close of business of first (1st) Trading Day immediately following the related last Settlement DateDate with respect to Shares sold pursuant to such Issuance Notice; provided, however, that such restriction will not be required in connection with the Company's ’s issuance or sale of (i) Common Stock, options to purchase shares of Common Stock or Common Stock issuable upon the exercise of options or other rights pursuant to any employee or director stock option or benefit plan, stock purchase or ownership plan (whether currently existing or adopted hereafter), dividend reinvestment plan or direct (but not shares subject to a waiver to exceed plan limits in a stock purchase plan, including, without limitation, the Southern Investment Plan, ) of the Company, (ii) Common Stock issuable upon conversion of securities or the exercise of warrants, options or other rights disclosed in the Company's ’s Commission filings and (iii) Common Stock issuable as consideration in connection with acquisitions of business, assets or securities of other Persons. The settlement of Common Shares which have been sold pursuant to an the Alternative Sales Agency Agreement is permitted pursuant to this Section 4.12 4.10 without the consent of the Sales Agent.

Stand-Off Agreement. Without the written consent of the Sales Agent, 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 or securities convertible into or exchangeable for Common Stock (other than Common Shares hereunder), warrants or any rights to purchase or acquire, Common Stock during the period beginning on an Issuance Date and ending at the close of business of the related Settlement Date; provided, however, that such restriction will not be required in connection with the Company's ’s issuance or sale of (i) Common Stock, options to purchase shares of Common Stock or Common Stock issuable upon the exercise of options or other rights pursuant to any employee or director stock option or benefit plan, stock purchase or ownership plan (whether currently existing or adopted hereafter), dividend reinvestment plan or direct purchase plan, including, without limitation, the Southern Investment Plan, of the Company, (ii) Common Stock issuable upon conversion or settlement of securities or the exercise of warrants, options or other rights disclosed in the Company's ’s Commission filings and (iii) Common Stock issuable as consideration in connection with acquisitions of business, assets or securities of other Personspersons. The settlement of Common Shares which have been sold pursuant to an Alternative Sales Agency Agreement is permitted pursuant to this Section 4.12 without the consent of the Sales Agent, so long as such sales were made within the limitations provided in Section 2.01(a)(i) hereof.

Stand-Off Agreement. Without the written consent of the Sales Agent, 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 or securities convertible into or exchangeable for Common Stock (other than Common Shares hereunder), warrants or any rights to purchase or acquire, Common Stock during the period beginning on an Issuance Date and ending at the close of business of the related Settlement Date; provided, however, that such restriction will not be required in connection with the Company's ’s issuance or sale of (i) Common Stock, options to purchase shares of Common Stock or Common Stock issuable upon the exercise of options or other rights pursuant to any employee or director stock option or benefit plan, stock purchase or ownership plan (whether currently existing or adopted hereafter), dividend reinvestment plan or direct purchase plan, including, without limitation, the Southern Investment Plan, of the Company, (ii) Common Stock issuable upon conversion of securities or the exercise of warrants, options or other rights disclosed in the Company's ’s Commission filings and (iii) Common Stock issuable as consideration in connection with acquisitions of business, assets or securities of other Personspersons. The settlement of Common Shares which have been sold pursuant to an Alternative Sales Agency Agreement is permitted pursuant to this Section 4.12 without the consent of the Sales Agent, so long as such sales were made within the limitations provided in Section 2.01(a)(i) hereof.