definiens: means ( i ) any shares of Common Stock issued to the Purchaser pursuant to thisAgreement, ( ii ) any Common Stock of the Company issued as ( or issuable upon the conversion or exercise of any warrant, right or other security which is issued as ) a dividend or other distribution with respect to, or in exchange for or in replacementof the shares referenced in ( i ) above, excluding in all cases, however, any Registrable Securities sold by a person in atransaction in which the rights under this Agreement are not assigned ; provided, however, that shares of Common Stock whichare Registrable Securities shall cease to be Registrable Securities upon any sale pursuant to a registration statement, Section 4(1 ) of the Act or Rule 144 under the Act, any sale in any manner to a person or entity which, by virtue of SectionPortions of this Exhibit were omitted and have been filed separately with the Secretary of the Commission pursuant to theCompany ’s application requesting confidential treatment under Rule 406 of the Securities Act