Subsequent Placement

Subsequent Placement. Means the issuance, sale, exchange, or agreement or obligation to issue, sell or exchange or reserve, or agreement to or set aside for issuance, sale or exchange, (1) any shares of Common Stock, (2) any other equity security of the Company, including without limitation shares of preferred stock, (3) any other security of the Company which by its terms is convertible into or exchangeable or exercisable for any equity security of the Company, or (4) any option, warrant or other right to subscribe... for, purchase or otherwise acquire any such security described in the foregoing clauses (1) through (3); provided, however, that the issuance or sale, or agreement to issue or sell, an Excluded Security shall not constitute a Subsequent Placement. View More

Subsequent Placement. The issuance, sale or exchange by the Company or any of the Subsidiaries of (1) any shares of common stock of the Company or any of the Subsidiaries, (2) any other equity security of the Company or any of the Subsidiaries, including, without limitation, shares of preferred stock, (3) any other security of the Company or any of the Subsidiaries which by its terms is convertible into or exchangeable or exercisable for any equity security of the Company or any of the Subsidiaries, or (4) any... option, warrant or other right to subscribe for, purchase or otherwise acquire any such security described in the foregoing clauses (1) through (3); provided, however, that the term "Subsequent Placement" shall not include the issuance, sale or exchange by the Company or any of the Subsidiaries of any Excluded Security. All definitions contained in this Note are equally applicable to the singular and plural forms of the terms defined. The words "hereof", "herein" and "hereunder" and words of similar import referring to this Note refer to this Note as a whole and not to any particular provision of this Note. Any capitalized term used but not defined herein has the meaning specified in the Note Purchase Agreement. View More

Subsequent Placement. Any issuance, offer, sale, grant of any option or right to purchase, or otherwise dispose of (or announce any issuance, offer, sale, grant of any option or right to purchase or other disposition of) any equity security or any equity-linked or related security (including, without limitation, any equity security (as that term is defined under Rule 405 promulgated under the 1933 Act)), any Convertible Securities (as defined in the Securities Purchase Agreement), any debt, any preferred stock or... any purchase rights (but excluding any Excluded Offering (as defined in the Securities Purchase Agreement)) View More