Common use of No General Solicitation or Advertising Clause in Contracts

No General Solicitation or Advertising. In regard to the transactions contemplated hereby, neither the Company nor any of its Affiliates nor any distributor or any person acting on its or their behalf (i) has conducted or will conduct any general solicitation (as that term is used in Rule 502(c) of Regulation D) or general advertising with respect to any of the Commitment Shares, the Warrants, or the Warrant Shares, or (ii) made any offers or sales of any security or solicited any offers to buy any security under any circumstances that would require registration of the Common Stock under the Securities Act.

No General Solicitation or Advertising. In regard in Regard to the transactions contemplated hereby, neither this ----------------------------------------------------------- Transaction. Neither the Company nor any of its Affiliates affiliates nor any distributor ------------ or any person acting on its or their behalf (i) has conducted or will conduct any general solicitation (as that term is used in Rule 502(c) of Regulation D) or general advertising with respect to any of the Commitment Shares, the Warrants, or the Warrant Put Shares, or (ii) made any offers or sales of any security or solicited any offers to buy any security under any circumstances that would require registration of the Common Stock under the Securities Act.

No General Solicitation or Advertising. In regard in Regard to the transactions contemplated hereby, neither this Transaction. Neither the Company nor any of its Affiliates affiliates nor any distributor or any person acting on its or their behalf (i) has conducted or will conduct any general solicitation (as that term is used in Rule 502(c) of Regulation D) or general advertising with respect to any of the Commitment Shares, the Warrants, or the Warrant Shares, Shares or (ii) made any offers or sales of any security or solicited any offers to buy any security under any circumstances that would require registration of the Common Stock Shares under the Securities Act.

No General Solicitation or Advertising. In regard in Regard to the transactions contemplated hereby, neither this Transaction. Neither the Company nor any of its Affiliates nor any distributor affiliates or any person acting on its or their behalf (i) has conducted or will conduct any general solicitation (as that term is used in Rule 502(c) of Regulation D) or general advertising with respect to any of the Commitment Shares, the WarrantsWarrant, or the Warrant Shares, Shares or any Blackout Shares or (ii) has made any offers or sales of any security or solicited any offers to buy any security under any circumstances that would require registration of the Common Stock Shares under the Securities Act.

No General Solicitation or Advertising. In regard in Regard to the transactions contemplated hereby, neither this Transaction. Neither the Company nor any of its Affiliates affiliates nor any distributor or any person acting on its or their behalf (ia) has conducted or will conduct any general solicitation (as that term is used in Rule 502(c) of Regulation D) or general advertising with respect to any of the Commitment Put Shares, the Warrants, Commitment Shares or the Warrant Blackout Shares, if any, or (iib) made any offers or sales of any security or solicited any offers to buy any security under any circumstances that would require registration of the Common Stock under the Securities Act.

No General Solicitation or Advertising. In regard in Regard to the transactions contemplated hereby, neither this -------------------------------------------------------- Transaction. Neither the Company nor any of its Affiliates affiliates nor any distributor ----------- or any person acting on its or their behalf (i) has conducted or will conduct any general solicitation (as that term is used in Rule 502(c) of Regulation D) or general advertising with respect to any of the Commitment Shares, Put Shares and the Warrants, or the Warrant Blackout Shares, or (ii) made any offers or sales of any security or solicited any offers to buy any security under any circumstances that would require registration of the Common Stock under the Securities Act.

No General Solicitation or Advertising. In regard in Regard to the transactions contemplated hereby, neither this -------------------------------------------------------- Transaction. Neither the Company nor any of its Affiliates affiliates nor any distributor ----------- or any person acting on its or their behalf (i) has conducted or will conduct any general solicitation (as that term is used in Rule 502(c) of Regulation D) or general advertising with respect to any of the Commitment Shares, Purchased Shares and the Warrants, or the Warrant Blackout Shares, or (ii) made any offers or sales of any security or solicited any offers to buy any security under any circumstances that would require registration of the Common Stock under the Securities Act.

No General Solicitation or Advertising. In regard to the transactions contemplated hereby, neither the Company nor any of its Affiliates nor any distributor or any person acting on its or their behalf (i) has conducted or will conduct any general solicitation (as that term is used in Rule 502(c) of Regulation D) or general advertising with respect to any of the Commitment Shares, the Warrants, the Warrant Shares, the Convertible Note or the Warrant Note Conversion Shares, or (ii) made any offers or sales of any security or solicited any offers to buy any security under any circumstances that would require registration of the Common Stock under the Securities Act.

No General Solicitation or Advertising. In regard to the transactions contemplated hereby, neither the Company nor any of its Affiliates nor any distributor or any person acting on its or their behalf (i) has conducted or will conduct any general solicitation (as that term is used in Rule 502(c) of Regulation D) or general advertising with respect to any of the Commitment Preferred Stock, the Conversion Shares, the WarrantsIncentive Warrant, or the Warrant Shares, or (ii) made any offers or sales of any security or solicited any offers to buy any security under any circumstances that would require registration of the Common Stock under the Securities Act.

No General Solicitation or Advertising. In regard to the -------------------------------------- transactions contemplated hereby, neither the Company nor any of its Affiliates nor any distributor or any person acting on its or their behalf (i) has conducted or will conduct any general solicitation (as that term is used in Rule 502(c) of Regulation D) or general advertising with respect to any of the Commitment Shares, the Convertible Notes, the Warrants, or the Warrant Shares, or (ii) made any offers or sales of any security or solicited any offers to buy any security under any circumstances that would require registration of the Common Stock under the Securities Act.

No General Solicitation or Advertising. In regard to the transactions contemplated hereby, neither the Company nor any of its Affiliates nor any distributor or any person acting on its or their behalf (i) has conducted or will conduct any general solicitation (as that term is used in Rule 502(c) of Regulation D) or general advertising with respect to any of the Commitment Shares, the Warrants, or the Warrant Shares, or (ii) made any offers or sales of any security or solicited any offers to buy any security under any circumstances that would require registration of the Common Stock Commitment Shares under the Securities Act.

No General Solicitation or Advertising. In regard to the transactions contemplated hereby, neither the Company nor any of its Affiliates nor any distributor or any person acting on its or their behalf (i) has conducted or will conduct any general solicitation (as that term is used in Rule 502(c) of Regulation D) or general advertising with respect to any of the Commitment Shares, the Preferred Stock, the Warrants, or the Warrant Shares, or (ii) made any offers or sales of any security or solicited any offers to buy any security under any circumstances that would require registration of the Common Stock under the Securities Act.

No General Solicitation or Advertising. In regard to the transactions contemplated hereby, neither the Company nor any of its Affiliates nor any distributor or any person acting on its or their behalf (i) has conducted or will conduct any general solicitation (as that term is used in Rule 502(c) of Regulation D) or general advertising with respect to any of the Commitment Warrant Shares, the Warrants, Preferred Stock or the Warrant Conversion Shares, or (ii) made any offers or sales of any security or solicited any offers to buy any security under any circumstances that would require registration of the Common Warrant Shares, the Preferred Stock or the Conversion Shares under the Securities Act.

No General Solicitation or Advertising. In regard in Regard to the transactions contemplated hereby, neither this Transaction. Neither the Company nor any of its Affiliates affiliates nor any distributor or any person acting on its or their behalf behalf, if any, (i) has conducted or will conduct any general solicitation (as that term is used in Rule 502(c) of Regulation D) or general advertising with respect to any of the Commitment Shares, the Warrants, Put Shares or the Warrant Shares, or (ii) made any offers or sales of any security or solicited any offers to buy any security under any circumstances that would require registration of the Common Stock sale of the Put Shares or the Warrant Shares under the Securities Act.