Examples of Variable Rate in a sentence
From the date hereof and for so long as the Warrants or the Notes remain outstanding, 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 Common Stock or Common Stock Equivalents (or a combination of units thereof) involving a Variable Rate Transaction.
In addition, the Company covenants and agrees that it will not enter into any agreement, undertaking or covenant with a third party that prohibits the Company or its Subsidiaries from entering into, effecting or announcing a Variable Rate Transaction or similar transaction with the Buyers or their Affiliates at any time.
So long as any Notes remain outstanding, the Company and each Subsidiary shall be prohibited from effecting or entering into an agreement to effect any Subsequent Placement involving a Variable Rate Transaction (other than pursuant to one or more Company’s Sales Agreement with A.G.P./Alliance Global Partners or any amendment thereto existing on the date hereof or entered into the future in connection with the filing of a new shelf registration statement on Form S-3, the “Permitted ATM”).