Common use of No General Solicitation or Advertising Clause in Contracts

No General Solicitation or Advertising. in Regard to this -------------------------------------------------------- Transaction. 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 in connection with the offer and sale of the Preferred Stock, Warrant, or Securities, 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 Preferred Stock, Warrant, or Securities under the Securities Act, except as contemplated by this Agreement.

No General Solicitation or Advertising. in Regard to this -------------------------------------------------------- -------------------------------------------------------------- Transaction. Neither the Company nor any of its affiliatesaffiliates nor, nor any distributor to the ----------- or knowledge of the Company, 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 in connection with respect to the offer and sale of the Preferred Stock, Warrant, or SecuritiesConvertible Debentures, 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 Preferred StockConvertible Debentures or the Conversion Shares and Warrant Shares, Warrant, or Securities under the Securities Act, except as contemplated by this Agreement.

No General Solicitation or Advertising. in Regard to this -------------------------------------------------------- Transaction. Neither the Company nor any of its affiliatesaffiliates nor, nor any distributor to the knowledge ----------- or of the Company, 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 in connection with respect to the offer and sale of the Preferred Stock, Warrant, Common Stock or Securitiesthe Warrants, 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 Preferred Common Stock, Warrantthe shares of Common Stock, the Warrants or Securities the Warrant Shares under the Securities Act, except as contemplated by this Agreement.

No General Solicitation or Advertising. in Regard to this -------------------------------------------------------- Transaction. Neither the Company nor any of its affiliatesaffiliates nor, nor any distributor to the knowledge ----------- or of the Company, 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 in connection with respect to the offer and sale of the Preferred Stock, Warrant, Convertible Debentures or Securitiesthe Warrants, 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 Preferred StockConvertible Debentures, Warrantthe Conversion Shares, the Warrants or Securities the Warrant Shares under the Securities Act, except as contemplated by this Agreement.

No General Solicitation or Advertising. in Regard to this -------------------------------------------------------- Transaction. Neither the Company nor any of its affiliatesaffiliates nor, nor any distributor to the knowledge ----------- or of the Company, 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 in connection with respect to the offer and sale of the Preferred Stock, Warrant, Convertible Debentures or Securitiesthe Warrants, or (iib) 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 Preferred StockConvertible Debentures or the Conversion Shares and the Warrants and Warrant Shares, Warrant, or Securities under the Securities Act, except as contemplated by this Agreement.