Variable Rate Issuance

Variable Rate Issuance. Means a transaction in which the Company (i) issues or sells any debt or equity securities (including warrants) that are convertible into, exchangeable or exercisable for, or include the right to receive, additional shares of Common Stock either (A) at a conversion price, exercise price or exchange rate or other price that is based upon, and/or varies with, the trading prices of or quotations for the shares of Common Stock at any time after the initial issuance of such debt or equity... securities, (B) with a conversion, exercise or exchange price that is subject to being reset at some future date after the initial issuance of such debt or equity security or upon the occurrence of specified or contingent events directly or indirectly related to the business of the Company or the market for the Common Stock or (C) with shares of Common Stock (or any other additional consideration) being issued to the holder of such debt or equity security after the initial issuance pursuant to the terms of such securities upon the occurrence of specified or contingent events directly or indirectly related to the business of the Company or the market for the Common Stock or (ii) enters into, or effects a transaction under, any agreement, including, but not limited to, an equity line, whereby the Company may issue securities at a future determined price. View More