USE OF ATM Sample Clauses

USE OF ATM. The Customer, as well as the individuals using the automated teller card, are responsible for this card and for the personal identification number "PIN". The Customer agrees to take all the necessary precautions to ensure the confidentiality of the "PIN" and authorizes the Bank to give a "PIN" to each of the representatives named. The Customer acknowledges that: all issued ATM cards may be used to make deposits and/or withdrawals to the said account; the transaction record produced by the ATM shows the Customer's instructions; all transactions performed at an ATM after 9:00 p.m. will be entered in the Customer's account the following day; the contents of the envelopes used to make a deposit are subject to verification and acceptance by the Bank; the Bank's statements and registers concerning ATM operations and the verification of the contents of envelopes inserted in an ATM will serve as proof for the transaction performed; ATM use is entirely at the Customer's risk. The Customer agrees not to deposit more than $10,000 cash per day in the ATM and acknowledges that if such a deposit is made, the Bank may hold funds until the customer completes a source of funds declaration under the format prescribed by the Bank. The Customer must use his ATM card as well as the ATMs in accordance with the Bank's instructions. The Bank, without prior notice, may cancel the use of the ATM card if the Customer contravenes the obligations provided for in this agreement. The Customer must advise the Bank, without delay, of the loss or theft of an ATM card. The Customer is liable and responsible for all transactions done with a lost or stolen card until the Customer notifies the branch at which the account is opened.

USE OF ATM. (a) The Company shall not effect any issuances pursuant to the Sales Agreement dated August 5, 2022, entered into between the Company and Xxxxx and Company, LLC or any other “ATM agreement” or other continuous offering or similar offering of Common Stock (collectively, an “ATM”), other than with the Investor, from the date hereof until the earlier of (i) May 17, 2023 and (ii) the date the Company’s stockholders have approved issuances in excess of the Exchange Cap. Thereafter, at any time there is an outstanding balance owed under the Promissory Note, the Company shall not effect any issuances pursuant to an ATM unless a payment is due under the Promissory Note and the proceeds derived from such transaction are used to make such payment. (b) At any time there is an aggregate outstanding principal balance owed under the Promissory Note of $7,500,000 or greater, (i) the Company shall not enter into or effect any Discounted Variable Rate Transaction, other than with the Investor, unless the investor or any holder of any securities issued in connection with such transaction is locked up from selling or hedging any shares of Common Stock acquired in such transaction through the date that is at least 90 days from the date of issuance of any such securities, unless waived by the Investor; and (ii) at any time that the price of the Company’s Common Stock is below $2.00 per share, the Company shall not issue equity or debt securities that are convertible into, exchangeable or exercisable for, or include the right to receive additional shares of Common Stock, unless waived by the Investor.