Limitation on Certain Issuances. The Company shall not (A) offer, sell or issue, or enter into any agreement, arrangement or understanding to offer, sell or issue, any Common Stock Equivalent for which the price at which the holder of such Common Stock Equivalent is entitled to acquire shares of Common Stock varies based on the market or trading price of the Common Stock.
Appears in 5 contracts
Samples: Convertible Note (Berliner Communications Inc), Convertible Note (Berliner Communications Inc), Convertible Note Agreement (Berliner Communications Inc)
