Common use of At-Market Transaction Clause in Contracts

At-Market Transaction. Notwithstanding Section 2(f)(i) above, the Exchange Cap shall not be applicable for any purposes of this Agreement and the transactions contemplated hereby, solely to the extent that (and only for so long as) the Average Price shall equal or exceed the Base Price (it being hereby acknowledged and agreed that the Exchange Cap shall be applicable for all purposes of this Agreement and the transactions contemplated hereby at all other times during the term of this Agreement, unless the stockholder approval referred to in Section 2(f)(i) is obtained). The parties acknowledge and agree that the Signing Market Price used to determine the Base Price hereunder represents the lower of (i) the Nasdaq official closing price of the Common Stock on The Nasdaq Capital Market (as reflected on Xxxxxx.xxx) on the date of this Agreement and (ii) the average Nasdaq official closing price of the Common Stock on The Nasdaq Capital Market (as reflected on Xxxxxx.xxx) for the five (5) consecutive trading days ending on the date of this Agreement.

At-Market Transaction. Notwithstanding Section 2(f)(i2(e)(i) above, the Exchange Cap shall not be applicable for any purposes of this Agreement and the transactions contemplated hereby, solely to the extent that (and only for so long as) the Average Price shall equal or exceed the Base Price (it being hereby acknowledged and agreed that the Exchange Cap shall be applicable for all purposes of this Agreement and the transactions contemplated hereby at all other times during the term of this Agreement, unless the stockholder approval referred to in Section 2(f)(i2(e)(i) is obtained). The parties acknowledge and agree that the Signing Market Price used to determine the Base Price hereunder represents the lower of (i) the Nasdaq official closing price of the Common Stock on The Nasdaq Capital Market (as reflected on Xxxxxx.xxxNxxxxx.xxx) on the trading day immediately preceding the date of this Agreement and (ii) the average Nasdaq official closing price of the Common Stock on The Nasdaq Capital Market (as reflected on Xxxxxx.xxxNxxxxx.xxx) for the five (5) consecutive trading days ending on the trading day immediately preceding the date of this Agreement.

At-Market Transaction. Notwithstanding Section 2(f)(i) above, the Exchange Cap shall not be applicable for any purposes of this Agreement and the transactions contemplated hereby, solely to the extent that (and only for so long as) the Average Price shall equal or exceed the Base Price (it being hereby acknowledged and agreed that the Exchange Cap shall be applicable for all purposes of this Agreement and the transactions contemplated hereby at all other times during the term of this Agreement, unless the stockholder approval referred to in Section 2(f)(i) is obtained). The parties acknowledge and agree that the Signing Market Price used to determine the Base Price hereunder represents the lower of (i) the Nasdaq official closing price of the Common Stock on The Nasdaq Capital Global Market (as reflected on Xxxxxx.xxxNxxxxx.xxx) on the date of this Agreement and (ii) the average Nasdaq official closing price of the Common Stock on The Nasdaq Capital Global Market (as reflected on Xxxxxx.xxxNxxxxx.xxx) for the five (5) consecutive trading days ending on the date of this Agreement.

At-Market Transaction. Notwithstanding Section 2(f)(i2(e)(i) above, the Exchange Cap shall not be applicable for any purposes of this Agreement and the transactions contemplated hereby, solely to the extent that (and only for so long as) the Average Price shall equal or exceed the Base Price (it being hereby acknowledged and agreed that the Exchange Cap shall be applicable for all purposes of this Agreement and the transactions contemplated hereby at all other times during the term of this Agreement, unless the stockholder approval referred to in Section 2(f)(i2(e)(i) is obtained). The parties acknowledge and agree that the Signing Market Price used to determine the Base Price hereunder represents the lower of (i) the Nasdaq official closing price of the Common Stock on The Nasdaq Capital Market (as reflected on Xxxxxx.xxx) on the trading day immediately preceding the date of this Agreement and (ii) the average Nasdaq official closing price of the Common Stock on The Nasdaq Capital Market (as reflected on Xxxxxx.xxx) for the five (5) consecutive trading days ending on the trading day immediately preceding the date of this Agreement.

At-Market Transaction. Notwithstanding Section 2(f)(i2(e)(i) above, the Exchange Cap shall not be applicable for any purposes of this Agreement and the transactions contemplated hereby, solely to the extent that (and only for so long as) the Average Price shall equal or exceed the Base Price (it being hereby acknowledged and agreed that the Exchange Cap shall be applicable for all purposes of this Agreement and the transactions contemplated hereby at all other times during the term of this Agreement, unless the stockholder approval referred to in Section 2(f)(i2(e)(i) is obtained). The parties acknowledge and agree that the Signing Market Price used to determine the Base Price hereunder represents the lower of (i) the Nasdaq official closing price of the Common Stock on The Nasdaq Capital Market (as reflected on Xxxxxx.xxx) on the trading day immediately preceding the date of this Agreement and (ii) the average Nasdaq official closing price of the Common Stock on The Nasdaq Capital Market (as reflected on Xxxxxx.xxx) for the five (5) consecutive trading days ending on the trading day immediately preceding the date of this Agreement.

At-Market Transaction. Notwithstanding Section 2(f)(i2(e)(i) above, the Exchange Cap shall not be applicable for any purposes of this Agreement and the transactions contemplated hereby, solely to the extent that (and only for so long as) the Average Price shall equal or exceed the Base Price (it being hereby acknowledged and agreed that the Exchange Cap shall be applicable for all purposes of this Agreement and the transactions contemplated hereby at all other times during the term of this Agreement, unless the stockholder approval referred to in Section 2(f)(i2(e)(i) is obtained). The parties acknowledge and agree that the Signing Market Price used to determine the Base Price hereunder represents the lower of (i) the Nasdaq official closing price of the Common Stock on The Nasdaq Capital Global Market (as reflected on Xxxxxx.xxx) on the trading day immediately preceding the date of this Agreement and (ii) the average Nasdaq official closing price of the Common Stock on The Nasdaq Capital Global Market (as reflected on Xxxxxx.xxx) for the five (5) consecutive trading days ending on the trading day immediately preceding the date of this Agreement.

At-Market Transaction. Notwithstanding Section 2(f)(i) above, the Exchange Cap shall not be applicable for any purposes of this Agreement and the transactions contemplated hereby, solely to the extent that (and only for so long as) the Average Price shall equal or exceed the Base Price (it being hereby acknowledged and agreed that the Exchange Cap shall be applicable for all purposes of this Agreement and the transactions contemplated hereby at all other times during the term of this Agreement, unless the stockholder approval referred to in Section 2(f)(i) is obtained). The parties acknowledge and agree that the Signing Market Price used to determine the Base Price hereunder represents the lower of (i) the Nasdaq official closing price of the Common Stock on The Nasdaq Capital Market (as reflected on Xxxxxx.xxx) on the trading day immediately preceding the date of this Agreement and (ii) the average Nasdaq official closing price of the Common Stock on The Nasdaq Capital Market (as reflected on Xxxxxx.xxx) for the five (5) consecutive trading days ending on the trading day immediately preceding the date of this Agreement.

At-Market Transaction. Notwithstanding Section 2(f)(i) above, the Exchange Cap shall not be applicable for any purposes of this Agreement and the transactions contemplated hereby, solely to the extent that (and only for so long as) the Average Price shall equal or exceed the Base Price (it being hereby acknowledged and agreed that the Exchange Cap shall be applicable for all purposes of this Agreement and the transactions contemplated hereby at all other times during the term of this Agreement, unless the stockholder approval referred to in Section 2(f)(i) is obtained). The parties acknowledge and agree that the Signing Market Price used to determine the Base Price hereunder represents the lower of (i) the Nasdaq official closing price of the Common Stock on The Nasdaq Capital Global Market (as reflected on Xxxxxx.xxx) on the date of this Agreement and (ii) the average Nasdaq official closing price of the Common Stock on The Nasdaq Capital Global Market (as reflected on Xxxxxx.xxx) for the five (5) consecutive trading days ending on the date of this Agreement.

At-Market Transaction. Notwithstanding Section 2(f)(i2(g)(i) above, the Exchange Cap shall not be applicable for any purposes of this Agreement and the transactions contemplated hereby, solely to the extent that (and only for so long as) the Average Price shall equal or exceed the Base Price (it being hereby acknowledged and agreed that the Exchange Cap shall be applicable for all purposes of this Agreement and the transactions contemplated hereby at all other times during the term of this Agreement, unless the stockholder approval referred to in Section 2(f)(i2(g)(i) is obtained). The parties acknowledge and agree that the Signing Market Price used to determine the Base Price hereunder represents the lower of (i) the Nasdaq official closing price of the Common Stock on The Nasdaq Capital Market (as reflected on Xxxxxx.xxx) on the date of this Agreement and (ii) the average Nasdaq official closing price of the Common Stock on The Nasdaq Capital Market (as reflected on Xxxxxx.xxx) for the five (5) consecutive trading days Trading Days ending on the date of this Agreement.

At-Market Transaction. Notwithstanding Section 2(f)(i) above, the Exchange Maximum Share Cap shall not be applicable for any purposes of this Agreement and the transactions contemplated hereby, solely to the extent that (and only for so long as) the Average Price shall equal or exceed the Base Price (it being hereby acknowledged and agreed that the Exchange Maximum Share Cap shall be applicable for all purposes of this Agreement and the transactions contemplated hereby at all other times during the term of this Agreement, unless the stockholder approval referred to in Section 2(f)(i) is obtained). The parties acknowledge and agree that the Signing Market Price used to determine the Base Price hereunder represents the lower of (i) the Nasdaq official closing price of the Common Stock on The Nasdaq Capital Market (as reflected on Xxxxxx.xxx) on the date of this Agreement and (ii) the average Nasdaq official closing price of the Common Stock on The Nasdaq Capital Market (as reflected on Xxxxxx.xxx) for the five (5) consecutive trading days ending on the trading day immediately preceding the date of this Agreement.

At-Market Transaction. Notwithstanding Section 2(f)(i3.3(a) above, the Exchange Cap shall not be applicable for any purposes of this Agreement and the transactions contemplated herebyby the Transaction Documents, solely to the extent that (and only for so long as) the Average Price shall equal or exceed the Base Price (it being hereby acknowledged and agreed that the Exchange Cap shall be applicable for all purposes of this Agreement and the transactions contemplated hereby by the Transaction Documents at all other times during the term of this Agreement, unless the stockholder approval referred to in Section 2(f)(i3.3(a) is obtainedobtained or not required). The parties acknowledge and agree that the Signing Market Minimum Price used to determine the Base Price hereunder represents the lower of (i) the Nasdaq official closing price of the Common Stock on The Nasdaq Capital the Trading Market (as reflected on Xxxxxx.xxx) on the date of this Agreement and (ii) the average Nasdaq official closing price of the Common Stock on The Nasdaq Capital the Trading Market (as reflected on Xxxxxx.xxx) for the five (5) consecutive trading days Trading Days ending on the date of this Agreement.

At-Market Transaction. Notwithstanding Section 2(f)(i3.3(a) above, the Exchange Cap shall not be applicable for any purposes of this Agreement and the transactions contemplated herebyby the Transaction Documents, solely to the extent that (and only for so long as) the Average Price shall equal or exceed the Base Price (it being hereby acknowledged and agreed that the Exchange Cap shall be applicable for all purposes of this Agreement and the transactions contemplated hereby by the Transaction Documents at all other times during the term of this Agreement, unless the stockholder approval referred to in Section 2(f)(i3.3(a) is obtainedobtained or not required). The parties acknowledge and agree that the Signing Market Minimum Price used to determine the Base Price hereunder represents the lower of (i) the Nasdaq official closing price of the Common Stock on The Nasdaq Capital the Trading Market (as reflected on Xxxxxx.xxx) on the date of this the Original Agreement and (ii) the average Nasdaq official closing price of the Common Stock on The Nasdaq Capital the Trading Market (as reflected on Xxxxxx.xxx) for the five (5) consecutive trading days Trading Days ending on the date of this the Original Agreement.

At-Market Transaction. Notwithstanding Section 2(f)(i) above, the Exchange Cap shall not be applicable for any purposes of this Agreement and the transactions contemplated hereby, solely to the extent that (and only for so long as) the Average Price shall equal or exceed the Base Price (it being hereby acknowledged and agreed that the Exchange Cap shall be applicable for all purposes of this Agreement and the transactions contemplated hereby at all other times during the term of this Agreement, unless the stockholder approval referred to in Section 2(f)(i) is obtained). The parties acknowledge and agree that the Signing Market Price used to determine the Base Price hereunder represents the lower of (i) the Nasdaq official closing price of the Common Stock on The Nasdaq Capital Market (as reflected on Xxxxxx.xxxNxxxxx.xxx) on the trading day immediately preceding the date of this Agreement and (ii) the average Nasdaq official closing price of the Common Stock on The Nasdaq Capital Market (as reflected on Xxxxxx.xxxNxxxxx.xxx) for the five (5) consecutive trading days ending on the Trading Day immediately preceding the date of this Agreement.

At-Market Transaction. Notwithstanding Section 2(f)(i) above, the Exchange Cap shall not be applicable for any purposes of this Agreement and the transactions contemplated hereby, solely to the extent that (and only for so long as) the Average Price shall equal or exceed the Base Price (it being hereby acknowledged and agreed that the Exchange Cap shall be applicable for all purposes of this Agreement and the transactions contemplated hereby at all other times during the term of this Agreement, unless the stockholder approval referred to in Section 2(f)(i) is obtained). The parties acknowledge and agree that the Signing Market Price used to determine the Base Price hereunder represents the lower of (i) the Nasdaq official closing price of the Common Stock on The Nasdaq Capital Market (as reflected on Xxxxxx.xxx) on the trading day immediately preceding the date of this Agreement and (ii) the average Nasdaq official closing price of the Common Stock on The Nasdaq Capital Market (as reflected on Xxxxxx.xxx) for the five (5) consecutive trading days ending on the trading day immediately preceding the date of this Agreement.

At-Market Transaction. Notwithstanding Section 2(f)(i3.3(a) above, the Exchange Cap shall not be applicable for any purposes of this Agreement and the transactions contemplated herebyby the Transaction Documents, solely to the extent that (and only for so long as) the Average Price shall equal or exceed the Base Price (it being hereby acknowledged and agreed that the Exchange Cap shall be applicable for all purposes of this Agreement and the transactions contemplated hereby by the Transaction Documents at all other times during the term of this Agreement, unless the stockholder approval referred to in Section 2(f)(i3.3(a) is obtained)obtained or not required. The parties acknowledge and agree that the Signing Market Minimum Price used to determine the Base Price hereunder represents the lower of (i) the Nasdaq official closing price of the Common Stock on The Nasdaq Capital the Trading Market (as reflected on Xxxxxx.xxxNxxxxx.xxx) on the date of this Agreement and (ii) the average Nasdaq official closing price of the Common Stock on The Nasdaq Capital the Trading Market (as reflected on Xxxxxx.xxxNxxxxx.xxx) for the five (5) consecutive trading days Trading Days ending on the date of this Agreement.

At-Market Transaction. Notwithstanding Section 2(f)(i) above, the Exchange Cap shall not be applicable for any purposes of this Agreement and the transactions contemplated hereby, solely to the extent that (and only for so long as) the Average Price shall equal or exceed the Base Price (it being hereby acknowledged and agreed that the Exchange Cap shall be applicable for all purposes of this Agreement and the transactions contemplated hereby at all other times during the term of this Agreement, unless the stockholder approval referred to in Section 2(f)(i) is obtained). The parties acknowledge and agree that the Signing Market Price used to determine the Base Price hereunder represents the lower of (i) the Nasdaq official closing price of the Common Stock on The Nasdaq Capital Global Market (as reflected on Xxxxxx.xxxNxxxxx.xxx) on the Business Day immediately preceding the date of this Agreement and (ii) the average Nasdaq official closing price of the Common Stock on The Nasdaq Capital Global Market (as reflected on Xxxxxx.xxxNxxxxx.xxx) for the five (5) consecutive trading days ending on the Business Day immediately preceding the date of this Agreement.

At-Market Transaction. Notwithstanding Section 2(f)(i2(e)(i) above, the Exchange Cap shall not be applicable for any purposes of this Agreement and the transactions contemplated hereby, solely to the extent that (and only for so long as) the Average Price shall equal or exceed the Base Price (it being hereby acknowledged and agreed that the Exchange Cap shall be applicable for all purposes of this Agreement and the transactions contemplated hereby at all other times during the term of this Agreement, unless the stockholder approval referred to in Section 2(f)(i2(e)(i) is obtained). The parties acknowledge and agree that the Signing Market Price used to determine the Base Price hereunder represents the lower of (i) the Nasdaq official closing price of the Common Stock on The Nasdaq Capital Market (as reflected on Xxxxxx.xxx) on the trading day immediately preceding the date of this Agreement and (ii) the average Nasdaq official closing price of the Common Stock on The Nasdaq Capital Market (as reflected on Xxxxxx.xxx) for the five (5) consecutive trading days ending on the Trading Day immediately preceding the date of this Agreement.

At-Market Transaction. Notwithstanding Section 2(f)(i) above, the Exchange Cap shall not be applicable for any purposes of this Agreement and the transactions contemplated hereby, solely to the extent that (and only for so long as) the Average Price shall equal or exceed the Base Price (it being hereby acknowledged and agreed that the Exchange Cap shall be applicable for all purposes of this Agreement and the transactions contemplated hereby at all other times during the term of this Agreement, unless the stockholder approval referred to in Section 2(f)(i) is obtained). The parties acknowledge and agree that the Signing Market Price used to determine the Base Price hereunder represents the lower of (i) the Nasdaq official closing price of the Common Stock on The Nasdaq Capital Market (as reflected on Xxxxxx.xxx) on the trading day immediately preceding the date of this Agreement and (ii) the average Nasdaq official closing price of the Common Stock on The Nasdaq Capital Market (as reflected on Xxxxxx.xxx) for the five (5) consecutive trading days ending on the Trading Day immediately preceding the date of this Agreement.

At-Market Transaction. Notwithstanding Section 2(f)(i) above, the Exchange Cap shall not be applicable for any purposes of this Agreement and the transactions contemplated hereby, solely to the extent that (and only for so long as) the Average Price shall equal or exceed the Base Price (it being hereby acknowledged and agreed that the Exchange Cap shall be applicable for all purposes of this Agreement and the transactions contemplated hereby at all other times during the term of this Agreement, unless the stockholder approval referred to in Section 2(f)(i) is obtained). The parties acknowledge and agree that the Signing Market Price used to determine the Base Price hereunder represents the lower of (i) the Nasdaq official closing price of the Common Stock on The Nasdaq Capital Market (as reflected on Xxxxxx.xxx) on the date of this Agreement and (ii) the average Nasdaq official closing price of the Common Stock on The Nasdaq Capital Market (as reflected on Xxxxxx.xxx) for the five (5) consecutive trading days ending on the date of this Agreement.

At-Market Transaction. Notwithstanding Section 2(f)(i3.3(a) above, the Exchange Cap shall not be applicable for any purposes of this Agreement and the transactions contemplated herebyby the Transaction Documents, solely to the extent that (and only for so long as) the Average Price shall equal or exceed the Base Price (it being hereby acknowledged and agreed that the Exchange Cap shall be applicable for all purposes of this Agreement and the transactions contemplated hereby by the Transaction Documents at all other times during the term of this Agreement, unless the stockholder approval referred to in Section 2(f)(i3.3(a) is obtained)obtained or not required. The parties acknowledge and agree that the Signing Market Minimum Price used to determine the Base Price hereunder represents the lower of (i) the Nasdaq official closing price of the Common Stock on The Nasdaq Capital the Trading Market (as reflected on Xxxxxx.xxx) on the date of this Agreement and (ii) the average Nasdaq official closing price of the Common Stock on The Nasdaq Capital the Trading Market (as reflected on Xxxxxx.xxx) for the five (5) consecutive trading days Trading Days ending on the date of this Agreement.

At-Market Transaction. Notwithstanding Section 2(f)(i) above, the Exchange Cap shall not be applicable for any purposes of this Agreement and the transactions contemplated hereby, solely to the extent that (and only for so long as) the Average Price shall equal or exceed the Base Price (it being hereby acknowledged and agreed that the Exchange Cap shall be applicable for all purposes of this Agreement and the transactions contemplated hereby at all other times during the term of this Agreement, unless the stockholder approval referred to in Section 2(f)(i) is obtained). The parties acknowledge and agree that the Signing Market Price used to determine the Base Price hereunder represents the lower of (i) the Nasdaq official closing price of the Common Stock on The Nasdaq Capital Global Market (as reflected on Xxxxxx.xxxNxxxxx.xxx) on the Business Day immediately preceding the date of this Agreement and (ii) the average Nasdaq official closing price of the Common Stock on The Nasdaq Capital Global Market (as reflected on Xxxxxx.xxxNxxxxx.xxx) for the five (5) consecutive trading days ending on the Business Day immediately preceding the date of this Agreement.

At-Market Transaction. Notwithstanding Section 2(f)(i) above, the Exchange Cap shall not be applicable for any purposes of this Agreement and the transactions contemplated hereby, solely to the extent that (and only for so long as) the Average Price shall equal or exceed the Base Price (it being hereby acknowledged and agreed that the Exchange Cap shall be applicable for all purposes of this Agreement and the transactions contemplated hereby at all other times during the term of this Agreement, unless the stockholder approval referred to in Section 2(f)(i) is obtained). The parties acknowledge and agree that the Signing Market Price used to determine the Base Price hereunder represents the lower of (i) the Nasdaq official closing price of the Common Stock on The Nasdaq Capital Stock Market (as reflected on Xxxxxx.xxx) on the Business Day immediately preceding the date of this Agreement and (ii) the average Nasdaq official closing price of the Common Stock on The Nasdaq Capital Stock Market (as reflected on Xxxxxx.xxx) for the five (5) consecutive trading days ending on the Business Day immediately preceding the date of this Agreement.