Sales. Without the written consent of the Investor, 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 (other than the Shares offered pursuant to the provisions of this Agreement) or securities convertible into or exchangeable for Common Stock, warrants or any rights to purchase or acquire Common Stock, during the period beginning on the 5th Trading Day immediately prior to an Advance Notice Date and ending on the 2nd Trading Day immediately following the corresponding Advance Settlement Date.
Appears in 10 contracts
Samples: Equity Facility Agreement, Committed Equity Facility Agreement (MusclePharm Corp), Committed Equity Facility Agreement (Ace Marketing & Promotions Inc)
Sales. Without the written consent of the Investor, 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 (other than the Shares offered pursuant to the provisions of this Agreement) or securities convertible into or exchangeable for Common Stock, warrants or any rights to purchase or acquire acquire, Common Stock, Stock during the period beginning on the 5th Trading Day immediately prior to an Advance Notice Date and ending on the 2nd 5th Trading Day immediately following the corresponding Advance Settlement Date.
Appears in 9 contracts
Samples: Standby Equity Distribution Agreement (Omagine, Inc.), Equity Distribution Agreement (American Power Corp.), Equity Distribution Agreement (Freeseas Inc.)
Sales. Without the written consent of the Investor, 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 (other than the Shares offered pursuant to the provisions of this Agreement) or securities convertible into or exchangeable for Common Stock, warrants or any rights to purchase or acquire Common Stock, during the period beginning on the 5th Trading Day immediately prior to an Advance Notice Date and ending on the 2nd Trading Day immediately following the corresponding Advance Settlement Closing Date.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Artec Global Media, Inc.), Committed Equity Facility Agreement (Growlife, Inc.), Committed Equity Facility Agreement (Millennium Healthcare Inc.)
Sales. Without the written consent of the Investor, 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 (other than the Shares offered pursuant to the provisions of this Agreement) or securities convertible into or exchangeable for Common Stock, warrants or any rights to purchase or acquire acquire, Common Stock, Stock during the period beginning on the 5th Trading Day immediately prior to an Advance Notice Date and ending on the 2nd 5th Trading Day immediately following the corresponding Advance Settlement Date.
Appears in 2 contracts
Samples: Equity Distribution Agreement (China Recycling Energy Corp), Equity Distribution Agreement (China Recycling Energy Corp)
Sales. Without the written consent of the Investor, 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 (other than the Shares offered pursuant to the provisions of this Agreement) or securities convertible into or exchangeable for Common Stock, warrants or any rights to purchase or acquire acquire, Common Stock, Stock during the period beginning on the 5th Trading Day immediately prior to an Advance Notice Date and ending on the 2nd Trading Day immediately following the corresponding Advance Settlement Date.
Appears in 1 contract
Samples: Equity Distribution Agreement (Banctrust Financial Group Inc)
Sales. Without the written consent of the Investor, 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 (other than the Shares offered to the Investor pursuant to the provisions of this Agreement) or ), securities convertible into or exchangeable for Common Stock, warrants or any rights to purchase or acquire Common Stock, or derivatives of Common Stock during the period beginning on the 5th Trading Day immediately prior to an Advance Notice Date and ending on the 2nd 5th Trading Day immediately following the corresponding Advance Settlement Share Issuance Date.
Appears in 1 contract
Samples: Equity Distribution Agreement (Lotus Pharmaceuticals, Inc.)
