Variable Rate Transaction

Example Definitions of "Variable Rate Transaction"
Variable Rate Transaction. A transaction in which the Company (i) issues or sells any debt or equity securities 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 Common Stock at any time after the initial issuance of such debt or equity securities or (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 (ii) enters into any agreement, including, but not limited to, an equity line of credit, whereby the Company may issue securities at a future determined price. View More
Variable Rate Transaction. A transaction in which the Company (i) issues or sells any debt or equity securities that are convertible into, exchangeable or exercisable for, or include the right to receive, additional shares of Common Stock or Common Stock Equivalents 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 or (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 (including, without limitation, any "full-ratchet" anti-dilution provisions, but excluding any "weighted average" anti-dilution provisions or any "cashless" or "net" exercise provisions), (ii) issues or sells any debt or equity securities, including without limitation, Common Stock or (ii) Common Stock Equivalents, either (A) at a 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 (B) that is subject to or contains any put, call, redemption, buy-back, price-reset or other similar provision or mechanism (including, without limitation, a "Black-Scholes" put or call right) that provides for the issuance of additional debt or equity securities of the Company or the payment of cash by the Company, or (iii) enters into any agreement, including, but not limited to, an equity "equity line of credit, credit" or other continuous offering or similar offering of Common Stock or Common Stock Equivalents, whereby the Company may issue securities sell Common Stock or Common Stock Equivalents at a future determined price. price View More
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Variable Rate Transaction. A transaction in which the Company or any subsidiary (i) issues or sells any convertible securities either (A) at a conversion, exercise or exchange rate or other price that is based upon and/or varies with the trading prices of, or quotations for, the Common Shares at any time after the initial issuance of such convertible securities, or (B) with a conversion, exercise or exchange price that is subject to being reset at some future date after the initial issuance of such convertible securities... or upon the occurrence of specified or contingent events directly or indirectly related to the business of the Company or the subsidiary, as the case may be, or the market for the Common Shares, or (ii) enters into any agreement (including, without limitation, an "equity line of credit" or an "at-the-market offering") whereby the Company or any subsidiary may sell securities at a future determined price (other than standard and customary "preemptive" or "participation" rights) View More
Variable Rate Transaction. A transaction in which the Company or any subsidiary Subsidiary (i) issues or sells any convertible securities Common Stock, Convertible Securities and/or Options either (A) at a conversion, exercise or exchange rate or other price that is based upon and/or varies with the trading prices of, of or quotations for, for the shares of Common Shares Stock at any time after the initial issuance of such convertible securities, Common Stock, Convertible Securities and/or Options, or (B) with a... conversion, exercise or exchange price that is subject to being reset at some future date after the initial issuance of such convertible securities Common Stock, Convertible Securities and/or Options or upon the occurrence of specified or contingent events directly or indirectly related to the business of the Company or the subsidiary, as the case may be, or the market for the Common Shares, Stock, other than pursuant to a customary "weighted average" anti-dilution provision or (ii) enters into any agreement (including, without 23 limitation, an "equity equity line of credit" credit or an "at-the-market offering") "at-the-market" offering) whereby the Company or any subsidiary Subsidiary may sell securities at a future determined price (other than standard and customary "preemptive" or "participation" rights) View More
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Variable Rate Transaction. The meaning set forth in the Certificate of Designations
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