Common use of Continuous Offering Clause in Contracts

Continuous Offering. The sale of the shares of Common Stock and Warrants which comprise the Units pursuant to this Agreement is not a "continuous offering" as defined in Rule 902(m) or, if it is a continuous offering, the sale of the shares of Common Stock and Warrants which comprise the Units hereunder is the last sale thereunder and the "Restricted Period" as defined in Rule 902(m) commences on the date of such last sale.

Continuous Offering. The sale of the shares of Common Stock and Warrants which comprise the Units Warrant pursuant to this Agreement is not a "continuous offering" as defined in Rule 902(m) or, or if it is a continuous offering, the sale of the shares of Common Stock and Warrants which comprise the Units Warrant hereunder is the last sale thereunder and the "Restricted Period" as defined in Rule 902(m) commences on the date Effective Date as hereinafter defined. The purchase of such last salethe Stock and Warrants is part of the sale of an aggregate of 1,016,260 shares of Stock and 1,016,260 Warrants in Regulation S placements.