Common use of Subsequent Equity Issuances Clause in Contracts

Subsequent Equity Issuances. The Company shall not deliver any Sales Notice hereunder (and any Sales Notice previously delivered shall not apply during such two (2) Trading Days) for at least two (2) Trading Days prior to any date on which the Company or any Subsidiary offers, sells, issues, contracts to sell, contracts to issue or otherwise disposes of, directly or indirectly, any other shares of Common Stock or any Common Stock Equivalents (other than the Shares), subject to Manager’s right to waive this obligation, provided that, without compliance with the foregoing obligation, the Company may (i) issue and sell Common Stock pursuant to any employee equity plan, stock incentive plan, stock ownership plan or dividend reinvestment plan of the Company in effect from time to time, (ii) issue Common Stock issuable upon the conversion or exercise of Common Stock Equivalents outstanding from time to time and (iii) issue Common Stock to employees, directors, officers, consultants and advisors as compensation for employment or services in the ordinary course of business.

Subsequent Equity Issuances. The Company shall not deliver any Sales Notice hereunder (and any Sales Notice previously delivered shall not apply during such two (2) Trading Days) for at least two (2) Trading Days prior to any date on which the Company or any Subsidiary offers, sells, issues, contracts to sell, contracts to issue or otherwise disposes of, directly or indirectly, any other shares of Common Stock or any Common Stock Equivalents (other than the Shares), subject to Manager’s right to waive this obligation, provided that, without compliance with the foregoing obligation, the Company may (i) issue and sell Common Stock pursuant to any employee equity plan, stock incentive plan, stock ownership plan or dividend reinvestment plan of the Company in effect from time to time, (ii) issue Common Stock issuable upon the conversion or exercise of Common Stock Equivalents outstanding from time to time and (iii) issue Common Stock to employees, directors, officers, consultants and advisors as compensation for employment or services in the ordinary course of business.

Subsequent Equity Issuances. The Company shall not deliver any Sales Notice hereunder (and any Sales Notice previously delivered shall not apply during such two (2) Trading Days) for at least two (2) Trading Days prior to any date on which the Company or any Subsidiary offers, sells, issues, contracts to sell, contracts to issue or otherwise disposes of, directly or indirectly, any other shares of Common Stock or any Common Stock Equivalents (other than the Shares), subject to Manager’s right to waive this obligation, provided that, without compliance with the foregoing obligation, (w) the Company may (i) issue and sell Common Stock pursuant to any employee equity plan, stock incentive plan, stock ownership plan or dividend reinvestment plan of the Company in effect from time to time, (iix) the Company may issue Common Stock issuable upon the conversion or exercise of Common Stock Equivalents outstanding from time to time and (iiiy) the Company may issue Common Stock to employees, directors, officers, consultants and advisors as compensation for employment or services in the ordinary course of business.

Subsequent Equity Issuances. The Company shall not deliver any Sales Notice hereunder (and any Sales Notice previously delivered shall not apply during such two (2) Trading Days) for at least two (2) Trading Days prior to any date on which the Company or any Subsidiary offers, sells, issues, contracts to sell, contracts to issue or otherwise disposes of, directly or indirectly, any other shares of Common Stock or any Common Stock Equivalents (other than the Shares), subject to Manager’s right to waive this obligation, provided that, without compliance with the foregoing obligation, the Company may (i) issue and sell Common Stock pursuant to any employee and/or consultant equity plan, stock incentive plan, stock ownership plan or dividend reinvestment plan of the Company in effect from time to time, at the Execution Time (ii) issue Common Stock issuable upon the conversion or exercise of Common Stock Equivalents outstanding from time to time at the Execution Time and (iii) issue Common Stock to employees, directors, officers, consultants and advisors as compensation for employment or services in the ordinary course of businessbusiness as set forth in the SEC Reports.

Subsequent Equity Issuances. The Company shall not deliver any Sales Notice hereunder (and any Sales Notice previously delivered shall not apply during such two (2) Trading Days) for at least two (2) Trading Days prior to any date on which the Company or any Subsidiary offers, sells, issues, contracts to sell, contracts to issue or otherwise disposes of, directly or indirectly, any other shares of Common Stock or any Common Stock Equivalents (other than the Shares), subject to Managerthe Representative’s right to waive this obligation, provided that, without compliance with the foregoing obligation, the Company may (i) issue and sell Common Stock pursuant to any employee equity plan, stock incentive plan, stock ownership plan or dividend reinvestment plan of the Company in effect from time at the Execution Time, issuances of restricted Common Stock to timeconsultants as set forth in the SEC Reports, (ii) and the Company may issue Common Stock issuable upon the conversion or exercise of Common Stock Equivalents outstanding from time to time and (iii) issue Common Stock to employees, directors, officers, consultants and advisors as compensation for employment or services in at the ordinary course of businessExecution Time.

Subsequent Equity Issuances. The Company shall not deliver any Sales Notice hereunder (and any Sales Notice previously delivered shall not apply during such two (2) Trading Days) for at least the two (2) Trading Days prior to any date on which the Company or any Subsidiary offers, sells, issues, contracts to sell, contracts to issue or otherwise disposes of, directly or indirectly, any other shares of Common Stock or any Common Stock Equivalents (other than the Shares), subject to Manager’s right to waive this obligation, provided that, without compliance with the foregoing obligation, the Company may (i) issue and sell Common Stock pursuant to any employee equity incentive plan, employee stock incentive purchase plan, stock ownership plan or dividend reinvestment plan of the Company in effect from at the Execution Time or at the time to time, (ii) of the respective Sales Notice and the Company may issue Common Stock issuable upon the conversion or exercise of Common Stock Equivalents outstanding from at the Execution Time or at the time to time and (iii) issue Common Stock to employees, directors, officers, consultants and advisors as compensation for employment or services in of the ordinary course of businessrespective Sales Notice.

Subsequent Equity Issuances. The Company shall not deliver any Sales Notice hereunder (and any Sales Notice previously delivered shall not apply during such two three (23) Trading Business Days) for at least two three (23) Trading Business Days prior to any date on which the Company or any Subsidiary offers, sells, issues, contracts to sell, contracts to issue or otherwise disposes of, directly or indirectly, any other shares of Common Stock or any Common Stock Equivalents (other than the Shares), subject to Manager’s right to waive this obligation, provided that, without compliance with the foregoing obligation, the Company may (i) issue and sell Common Stock pursuant to any employee equity plan, stock incentive plan, stock ownership plan or dividend reinvestment plan of the Company in effect from time at the Execution Time (or as disclosed in a preliminary or definitive proxy statement filed with the Commission on or prior to time, (iithe Execution Time) and the Company may issue Common Stock issuable upon the conversion or exercise of Common Stock Equivalents outstanding from time to time and (iii) issue Common Stock to employees, directors, officers, consultants and advisors as compensation for employment or services in at the ordinary course of businessExecution Time.

Subsequent Equity Issuances. The Company shall not deliver any Sales Notice hereunder (and any Sales Notice previously delivered shall not apply during such two (2) Trading Days) for at least two (2) Trading Days prior to any date on which the Company or any Subsidiary offers, sells, issues, contracts to sell, contracts to issue or otherwise disposes of, directly or indirectly, any other shares of Common Stock or any Common Stock Equivalents (other than the Shares), subject to Manager’s right to waive this obligation, provided that, without compliance with the foregoing obligation, the Company may (i) issue and sell Common Stock pursuant to any employee equity plan, stock incentive plan, stock ownership plan or dividend reinvestment plan of the Company in effect from time to time, Company; (ii) issue Common Stock issuable upon the conversion or exercise of Common Stock Equivalents outstanding from time to time at the Execution Time and (iii) issue Common Stock to employees, directors, officers, consultants and advisors as compensation for employment or services in the ordinary course of business.

Subsequent Equity Issuances. The Company shall not deliver any Sales Notice hereunder (and any Sales Notice previously delivered shall not apply during such two (2) Trading Days) for at least two (2) Trading Days prior to any date on which the Company or any Subsidiary offers, sells, issues, contracts to sell, contracts to issue or otherwise disposes of, directly or indirectly, any other shares of Common Stock or any Common Stock Equivalents (other than the Shares), subject to Manager’s right to waive this obligation, ; provided that, without compliance with the foregoing obligation, the Company may (i) issue and sell Common Stock or Common Stock Equivalents (i) pursuant to any employee equity plan, stock incentive plan, stock ownership plan or dividend reinvestment plan of the Company in effect from time to time, (ii) issue Common Stock to officers, directors, employees, consultants and contractors as compensation for services rendered to the Company and (iii) issuable upon the conversion or exercise of Common Stock Equivalents outstanding from time to time and (iii) issue Common Stock to employees, directors, officers, consultants and advisors as compensation for employment or services in at the ordinary course of businessExecution Time.

Subsequent Equity Issuances. The Company shall not deliver any Sales Notice hereunder (and any Sales Notice previously delivered shall not apply during such two (2) Trading Days) for at least two (2) Trading Days prior to any date on which the Company or any Subsidiary offers, sells, issues, contracts to sell, contracts to issue or otherwise disposes of, directly or indirectly, any other shares of Common Stock or any Common Stock Equivalents (other than the Shares), subject to Manager’s right to waive this obligation, provided that, without compliance with the foregoing obligation, the Company may (i) issue and sell Common Stock pursuant to any employee equity plan, stock incentive plan, stock ownership plan or dividend reinvestment plan of the Company in effect from time to timeat the Execution Time, (ii) issue Common Stock issuable upon the conversion or exercise of Common Stock Equivalents outstanding from time to time at the Execution Time and (iii) issue Common Stock to employees, directors, officers, consultants and advisors as compensation for employment or services in the ordinary course of business.