Common use of Subsequent Placements Clause in Contracts

Subsequent Placements. (a) From the date hereof until 30 Trading Days following the Effective Date (the “Blockout Period”), the Company will not, directly or indirectly, offer, sell, grant any option to purchase, or otherwise dispose of (or announce any offer, sale, grant or any option to purchase or other disposition of) any of its or the Subsidiaries’ equity or equity equivalent securities, including without limitation any debt, preferred stock or other instrument or security that is, at any time during its life and under any circumstances, convertible into or exchangeable or exercisable for Common Stock or Common Stock Equivalents (any such offer, sale, grant, disposition or announcement being referred to as a “Subsequent Placement”).

Appears in 2 contracts

Samples: Securities Purchase Agreement (Curon Medical Inc), Securities Purchase Agreement (Orchid Biosciences Inc)

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Subsequent Placements. (a) From the date hereof until 30 Trading Days following the Effective Date (the “Blockout Period”), the Company will not, directly or indirectly, offer, sell, grant any option to purchase, or otherwise dispose of (or announce any offer, sale, grant or any option to purchase or other disposition of) any of its or the Subsidiaries’ equity or equity equivalent securities, including including, without limitation limitation, any debt, preferred stock or other instrument or security that is, at any time during its life and under any circumstances, convertible into or exchangeable or exercisable for Common Stock or Common Stock Equivalents (any such offer, sale, grant, disposition or announcement being referred to as a “Subsequent Placement”).

Appears in 1 contract

Samples: Securities Purchase Agreement (Arena Pharmaceuticals Inc)

Subsequent Placements. (a) From the date hereof until 30 Trading Days following after the Effective Date (the “Blockout Period”), the Company will not, directly or indirectly, offer, sell, grant any option to purchase, or otherwise dispose of (or announce any offer, sale, grant or any option to purchase or other disposition of) any of its or the Subsidiaries’ equity or equity equivalent securities, including without limitation any debt, preferred stock or other instrument or security that is, at any time during its life and under any circumstances, convertible into or exchangeable or exercisable for Common Stock or Common Stock Equivalents (any such offer, sale, grant, disposition or announcement being referred to as a “Subsequent Placement”), except as set forth in Section 4.5(e).

Appears in 1 contract

Samples: Securities Purchase Agreement (Hi Tech Pharmacal Co Inc)

Subsequent Placements. (a) From the date hereof until 30 the 60th Trading Days Day following the Effective Date (the “Blockout Period”)Date, the Company will not, directly or indirectly, offer, sell, grant any option to purchase, or otherwise dispose of (or announce any offer, sale, grant or any option to purchase or other disposition of) any of its or the Subsidiaries’ equity or equity equivalent securities, including without limitation any debt, preferred stock or other instrument or security that is, at any time during its life and under any circumstances, convertible into or exchangeable or exercisable for Common Stock or Common Stock Equivalents (any such offer, sale, grant, disposition or announcement being referred to as a “Subsequent Placement”).

Appears in 1 contract

Samples: Securities Purchase Agreement (Siga Technologies Inc)

Subsequent Placements. (a) From Except for the Contemplated Financing, from the date hereof until 30 Trading Days following the Effective Date (the “Blockout Period”)Date, the Company will not, directly or indirectly, offer, sell, grant any option to purchase, or otherwise dispose of (or announce any offer, sale, grant or any option to purchase or other disposition of) any of its or the Subsidiaries’ equity or equity equivalent securities, including without limitation any debt, preferred stock or other instrument or security that is, at any time during its life and under any circumstances, convertible into or exchangeable or exercisable for Common Stock or Common Stock Equivalents (any such offer, sale, grant, disposition or announcement being referred to as a “Subsequent Placement”).. 20

Appears in 1 contract

Samples: Securities Purchase Agreement (ProLink Holdings Corp.)

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Subsequent Placements. (a) From the date hereof until 30 Trading Days following after the Effective Date (the “Blockout Period”), the Company will not, directly or indirectly, offer, sell, grant any option to purchase, or otherwise dispose of (or announce any offer, sale, grant or any option to purchase or other disposition of) any of its or the Subsidiaries’ equity or equity equivalent securities, including without limitation any debt, preferred stock or other instrument or security that is, at any time during its life and under any circumstances, convertible into or exchangeable or exercisable for Common Stock or Common Stock Equivalents (any such offer, sale, grant, disposition or announcement being referred to as a “Subsequent Placement”). Notwithstanding the foregoing, the foregoing restrictions shall not apply to Excluded Stock or prevent the Company from engaging in non-binding preliminary discussions with a Person that is not publicly disclosed.

Appears in 1 contract

Samples: Securities Purchase Agreement (Neurobiological Technologies Inc /Ca/)

Subsequent Placements. (a) From the date hereof until 30 Trading Days following after the Effective Date (the “Blockout Period”"BLOCKOUT PERIOD"), the Company will not, directly or indirectly, offer, sell, grant any option to purchase, or otherwise dispose of (or announce any offer, sale, grant or any option to purchase or other disposition of) any of its or the Subsidiaries' equity or equity equivalent securities, including without limitation any debt, preferred stock or other instrument or security that is, at any time during its life and under any circumstances, convertible into or exchangeable or exercisable for Common Stock or Common Stock Equivalents (any such offer, sale, grant, disposition or announcement being referred to as a “Subsequent Placement”"SUBSEQUENT PLACEMENT").

Appears in 1 contract

Samples: Securities Purchase Agreement (Medifast Inc)

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