Triggering Event Excluded Issuance

Triggering Event Excluded Issuance. (i) any Excluded Issuances, (ii) any issuance of Common Stock in a transaction registered under the Securities Act pursuant to an at-the-market Common Stock offering program of the Company, and (iii) any issuance of Subject Shares in connection with bona fide debt, equipment financing or non-equity financing transactions with lenders to the Company.