Common use of Additional Issuance of Securities Clause in Contracts

Additional Issuance of Securities. During the period commencing on the date hereof and ending on the date the Note no longer remains outstanding, the Company will not, without the prior written consent of the Buyer, issue any note which either (i) ranks senior to the Note or the Permitted Indebtedness or (ii) would be deemed a Variable Rate Transaction (as defined herein) (other than to the Buyer as contemplated hereby) and the Company shall not issue any other securities that would cause a breach or default under the Note.

Additional Issuance of Securities. During the period commencing on the date hereof and ending on the date the Note no longer remains outstanding, the Company will not, without the prior written consent of the Buyer, issue any note which either (i) ranks senior to the Note or the Permitted Indebtedness or (ii) would be deemed a Variable Rate Transaction (as defined herein) (other than to the Buyer as contemplated hereby) and the Company shall not issue any other securities that would cause a breach or default under the Note.