Common use of Limitation on Variable Rate Transactions Clause in Contracts

Limitation on Variable Rate Transactions. From and after the date of this Agreement until the twenty four (24) month anniversary of the date of the date of this Agreement, the Company shall be prohibited from effecting or entering into an agreement to effect any issuance by the Company or any of its Subsidiaries of Common Stock involving a Variable Rate Transaction other than with the Investor. “Variable Rate Transaction” includes, without limitation, an “equity line of credit” or any similar transaction whereby an investor is irrevocably bound to purchase securities over a period of time from the Company at a price based on the market price of the Company’s Common Stock at the time of each such purchase; provided, however, that this Section 5(l) shall not be deemed to prohibit the issuance and sale of Common Stock pursuant to an “at-the-market offering” by the Company exclusively through a registered broker-dealer acting as agent of the Company pursuant to a written agreement between the Company and such registered broker-dealer.

Limitation on Variable Rate Transactions. From and after the date of this Agreement until the twenty four (24) month anniversary of the date of the date of this AgreementMaturity Date, the Company shall be prohibited from effecting or entering into an agreement to effect any issuance by the Company or any of its Subsidiaries of Common Stock involving a Variable Rate Transaction other than with the Investor. “Variable Rate Transaction” includes, without limitation, means an “equity line of credit” or any substantially similar transaction whereby an investor is irrevocably bound to purchase securities over a period of time from the Company at a price based on the market price of the Company’s Common Stock at the time of each such purchase; , provided, however, that this Section 5(l) shall not be deemed to prohibit the issuance and sale of Common Stock pursuant to an “at-the-market offering” by the Company exclusively through a registered broker-dealer acting as agent of the Company pursuant to a written agreement between the Company and such registered broker-dealer.

Limitation on Variable Rate Transactions. From and after the date of this Agreement until the twenty four (24) month anniversary of the date of the date of this AgreementMaturity Date, the Company shall be prohibited from effecting or entering into an agreement to effect any issuance by the Company or any of its Subsidiaries of Common Stock involving a Variable Rate Transaction other than with the Investor. “Variable Rate Transaction” includes, without limitation, an “equity line of credit” or any similar transaction whereby an investor is irrevocably bound to purchase securities over a period of time from the Company at a price based on the market price of the Company’s Common Stock at the time of each such purchase; provided, however, that this Section 5(l) shall not be deemed to prohibit the issuance and sale of Common Stock pursuant to an “at-the-market offering” by the Company exclusively through a registered broker-dealer acting as agent of the Company pursuant to a written agreement between the Company and such registered broker-dealer.

Limitation on Variable Rate Transactions. From and after the date of this Agreement until the twenty four (24) month anniversary and for a period of the date of the date of this Agreement48 months thereafter, the Company shall be prohibited from effecting or entering into an agreement to effect any issuance by the Company or any of its Subsidiaries of Common Stock involving a Variable Rate Transaction other than with the Investor. “Variable Rate Transaction” includes, without limitation, means an “equity line of credit” or any substantially similar transaction whereby an investor is irrevocably bound to purchase securities over a period of time from the Company at a price based on the market price of the Company’s Common Stock at the time of each such purchase; , provided, however, that this Section 5(l) 5m shall not be deemed to prohibit the issuance and sale of Common Stock pursuant to an “at-the-market offering” by the Company exclusively through a registered broker-dealer acting as agent of the Company pursuant to a written agreement between the Company and such registered broker-dealer.

Limitation on Variable Rate Transactions. From the Commencement Date and after the date for a period of this Agreement until the twenty four (24) month anniversary of the date of the date of this Agreement36 months thereafter, the Company shall be prohibited from effecting or entering into an agreement to effect any issuance by the Company or any of its Subsidiaries of shares of New Common Stock involving a Variable Rate Transaction other than with the Investor. “Variable Rate Transaction” includes, without limitation, means an “equity line of credit” or any substantially similar transaction whereby an investor is irrevocably bound to purchase securities over a period of time from the Company at a price based on the market price of the Company’s New Common Stock at the time of each such purchase; , provided, however, that this Section 5(l) shall not be deemed to prohibit the issuance and sale of shares of New Common Stock pursuant to an “at-the-market offering” by the Company exclusively through a registered broker-dealer acting as agent of the Company pursuant to a written agreement between the Company and such registered broker-dealer. In addition, notwithstanding anything herein to the contrary, it is understood and agreed that any forward purchase agreement that may be entered into by the Company in connection with the Merger shall not be a “Variable Rate Transaction” as defined herein.

Limitation on Variable Rate Transactions. From and after the date of this Agreement until the twenty and for a period of twenty-four (24) month anniversary of the date of the date of this Agreementmonths thereafter, the Company shall be prohibited from effecting or entering into an agreement to effect any issuance by the Company or any of its Subsidiaries of Common Stock involving a Variable Rate Transaction other than with the Investor. “"Variable Rate Transaction” " includes, without limitation, an “"equity line of credit” " or any similar transaction whereby an investor is irrevocably bound to purchase securities over a period of time from the Company at a price based on the market price of the Company’s Common Stock at the time of each such purchase; provided, however, that this Section 5(l) shall not be deemed to prohibit the issuance and sale of Common Stock pursuant to an “"at-the-market offering” " by the Company exclusively through a registered broker-dealer acting as agent of the Company pursuant to a written agreement between the Company and such registered broker-dealer.

Limitation on Variable Rate Transactions. From and after the date of this Agreement until the twenty four thirty (2430) month anniversary of the date of the date of this Agreement, the Company shall be prohibited from effecting or entering into an agreement to effect any issuance by the Company or any of its Subsidiaries of Common Stock involving a Variable Rate Transaction other than with the Investor. “"Variable Rate Transaction” " includes, without limitation, an “"equity line of credit” " or any similar transaction whereby an investor is irrevocably bound to purchase securities over a period of time from the Company at a price based on the market price of the Company’s Common Stock at the time of each such purchase; provided, however, that this Section 5(l) shall not be deemed to prohibit the issuance and sale of Common Stock pursuant to an “"at-the-market offering” " by the Company exclusively through a registered broker-dealer acting as agent of the Company pursuant to a written agreement between the Company and such registered broker-dealer.