Common use of Future Priced Securities Clause in Contracts

Future Priced Securities. From the date hereof until the date that less than 20% of the Warrants remain outstanding and unexercised, the Company shall be prohibited from effecting or entering into an agreement to effect any financing involving a "VARIABLE RATE TRANSACTION" unless the Company obtains express written consent and authorization from the holders of at least seventy-five (75) percent of the then-outstanding and unexercised Warrants. The term "VARIABLE RATE TRANSACTION" shall mean a transaction in which the Company issues or sells (i) any debt or equity securities that are convertible into, exchangeable or exercisable for, or include the right to receive additional shares of Common Stock either (A) at a conversion, exercise or exchange rate or other price that is based upon and/or varies with the trading prices of or quotations for the shares of Common Stock at any time after the initial issuance of such debt or equity securities, or (B) with a conversion, exercise or exchange price that is subject to being reset at some future date after the initial issuance of such debt or equity security or upon the occurrence of specified or contingent events directly or indirectly related to the business of the Company or the market for the Common Stock.

Future Priced Securities. From the date hereof until the date that less than 20% of the Warrants remain outstanding and unexercised, the Company shall be prohibited from effecting or entering into an agreement to effect any financing involving a "VARIABLE RATE TRANSACTION" “Variable Rate Transaction” unless the Company obtains express written consent and authorization from the holders of at least seventy-five percent (75%) percent of the then-outstanding and unexercised Warrants. The term "VARIABLE RATE TRANSACTION" “Variable Rate Transaction” shall mean a transaction in which the Company issues or sells (i) any debt or equity securities that are convertible into, exchangeable or exercisable for, or include the right to receive additional shares of Common Stock either (A) at a conversion, exercise or exchange rate or other price that is based upon and/or varies with the trading prices of or quotations for the shares of Common Stock at any time after the initial issuance of such debt or equity securities, or (B) with a conversion, exercise or exchange price that is subject to being reset at some future date after the initial issuance of such debt or equity security or upon the occurrence of specified or contingent events directly or indirectly related to the business of the Company or the market for the Common Stock.

Future Priced Securities. From the date hereof until the date that less than 20% of the Warrants remain outstanding and unexercised, the Company shall be prohibited from effecting or entering into an agreement to effect any financing involving a "VARIABLE RATE TRANSACTION" “Variable Rate Transaction” unless the Company obtains express written consent and authorization from the holders of at least seventy-five percent (75%) percent of the then-outstanding and unexercised Warrants. The term "VARIABLE RATE TRANSACTION" “Variable Rate Transaction” shall mean a transaction in which the Company issues or sells (i) any debt or equity securities that are convertible into, exchangeable or exercisable for, or include the right to receive additional shares of Common Stock either (A) at a conversion, exercise or exchange rate or other price that is based upon and/or varies with the trading prices of or quotations for the shares of Common Stock at any time after the initial issuance of such debt or equity securities, or (B) with a conversion, exercise or exchange price that is subject to being reset at some future date after the initial issuance of such debt or equity security or upon the occurrence of specified or contingent events directly or indirectly related to the business of the Company or the market for the Common StockStock (other than customary anti-dilution protection and customary adjustments in connection with a merger or share exchange).

Future Priced Securities. From the date hereof until the date that less than 20% of the BC Warrants remain outstanding and unexercised, the Company shall be prohibited from effecting or entering into an agreement to effect any financing involving a "VARIABLE RATE TRANSACTION" “Variable Rate Transaction” unless the Company obtains express written consent and authorization from the holders of at least seventyfifty-five one (7551%) percent of the then-outstanding and unexercised AC Warrants and BC Warrants. The term "VARIABLE RATE TRANSACTION" “Variable Rate Transaction” shall mean a transaction in which the Company issues or sells (i) any debt or equity securities that are convertible into, exchangeable or exercisable for, or include the right to receive additional shares of Common Stock either (A) at a conversion, exercise or exchange rate or other price that is based upon and/or varies with the trading prices of or quotations for the shares of Common Stock at any time after the initial issuance of such debt or equity securities, or (B) with a conversion, exercise or exchange price that is subject to being reset at some future date after the initial issuance of such debt or equity security or upon the occurrence of specified or contingent events directly or indirectly related to the business of the Company or the market for the Common StockStock (other than pursuant to standard anti-dilution provisions).