Common use of Variable Securities Clause in Contracts

Variable Securities. The Company shall not, in any manner, issue or sell any rights, warrants or options to subscribe for or purchase Common Stock, or any other securities directly or indirectly convertible into or exchangeable or exercisable for Common Stock, at an effective conversion, exchange or exercise price that varies or may vary with the market price of the Common Stock, including by way of one or more reset(s) to any fixed price.

Variable Securities. The Company shall not, in any manner, issue or sell any rights, warrants or options to subscribe for or purchase Common Stock, Stock or any other securities directly or indirectly convertible into or exchangeable or exercisable for Common Stock, Stock at an effective conversion, exchange or exercise a price that which varies or may vary with the market price of the Common Stock, including by way of one or more reset(s) to any fixed priceprice unless the conversion, exchange or exercise price of any such security cannot be less than the then applicable Conversion Price (as defined in the Notes) under any Note.

Variable Securities. The For so long as any Common Shares are outstanding, the Company shall not, in any manner, issue or sell any rights, warrants or options to subscribe for or purchase Common Stock, Stock or any other securities directly or indirectly convertible into or exchangeable or exercisable for Common Stock, Stock at an effective conversion, exchange or exercise a price that which varies or may vary with the market price of the Common Stock, including by way of one or more reset(s) to any fixed price.

Variable Securities. The Company shall not, in any manner, issue or sell any rights, warrants or options to subscribe for or purchase Common Stock, Stock or any other securities directly or indirectly convertible into or exchangeable or exercisable for Common Stock, Stock at an effective conversion, exchange or exercise a price that which varies or may vary with the market price of the Common Stock, including by way of one or more reset(s) to any fixed price, unless the conversion, exchange or exercise price of any such security is not less than the then applicable Conversion Price (as defined in the Certificate of Designations and as may be adjusted from time to time) of the Series D Stock.

Variable Securities. The For so long as any Securities remain outstanding, the Company shall not, in any manner, issue or sell any rights, warrants or options to subscribe for or purchase Common Stock, Stock or any other securities directly or indirectly convertible into or exchangeable or exercisable for Common Stock, Stock at an effective conversion, exchange or exercise a price that which varies or may vary with the market price of the Common Stock, including by way of one or more reset(s) to any fixed price.