Common use of Additional Notes; Variable Securities; Dilutive Issuances Clause in Contracts

Additional Notes; Variable Securities; Dilutive Issuances. So long as any Buyer beneficially owns any Notes, the Company will not issue any Notes other than to the Buyers as contemplated hereby and the Company shall not issue any other securities that would cause a breach or default under the Notes. For so long as any Warrants remain outstanding, the Company shall not, in any manner, issue or sell any rights, warrants or options to subscribe for or purchase Common Stock or directly or indirectly convertible into or exchangeable or exercisable for Common Stock at a price which varies or may vary with the market price of the Common Stock, including by way of one or more reset(s) to any fixed price unless the conversion, exchange or exercise price of any such security cannot be less than the then applicable Exercise Price (as defined in the Warrants) with respect to the Common Stock into which any Warrant is exercisable. For long as any Warrants remain outstanding, the Company shall not, in any manner, enter into or affect any Dilutive Issuance (as defined in the Warrants) if the effect of such Dilutive Issuance is to cause the Company to be required to issue upon exercise of any Warrant any shares of Common Stock in excess of that number of shares of Common Stock which the Company may issue upon exercise of the Warrants without breaching the Company’s obligations under the rules or regulations of the Eligible Market (as defined in the Warrants).

Additional Notes; Variable Securities; Dilutive Issuances. So long as any Buyer beneficially owns any Notes, the Company will not issue any Notes other than to the Buyers as contemplated hereby hereby, and the Company shall not issue any other securities that would cause a breach or default under the Notes. For so long as any Warrants Notes remain outstanding, the Company shall not, in any manner, issue or sell any rights, warrants or options to subscribe for or purchase Common Stock or directly or indirectly convertible into or exchangeable or exercisable for Common Stock at a price which varies or may vary with the market price of the Common Stock, including by way of one or more reset(s) to any fixed price unless the conversion, exchange or exercise price of any such security cannot be less than the then applicable Exercise Conversion Price (as defined in the WarrantsNotes) with respect to the Common Stock into which any Warrant Note is exercisableconvertible. For so long as any Warrants Notes remain outstanding, the Company shall not, in any manner, enter into or affect any Dilutive Issuance (as defined in the WarrantsNotes) if the effect of such Dilutive Issuance is to cause the Company to be required to issue upon exercise conversion of any Warrant Note any shares of Common Stock in excess of that number of shares of Common Stock which the Company may issue upon exercise conversion of the Warrants Notes without breaching the Company’s obligations under the rules or regulations of the Principal Market or any applicable Eligible Market (as defined in the WarrantsRegistration Rights Agreement).

Additional Notes; Variable Securities; Dilutive Issuances. So For so long as any Buyer beneficially owns any NotesNotes remain outstanding, the Company will not issue any Notes other than to the Buyers as contemplated hereby and the Company shall not issue any other securities that would cause a breach or default under the Notes. For so long as any Warrants Notes remain outstanding, the Company shall not, in any manner, issue or sell any rights, warrants or options to subscribe for or purchase Common Stock or directly or indirectly convertible into or exchangeable or exercisable for Common Stock at a price which varies or may vary with the market price of the Common Stock, including by way of one or more reset(s) to any fixed price unless the conversion, exchange or exercise price of any such security cannot be less than the then applicable Exercise Conversion Price (as defined in the WarrantsNotes) with respect to the Common Stock into which any Warrant Note is exercisableconvertible. For long as any Warrants Notes remain outstanding, the Company shall not, in any manner, enter into or affect any Dilutive Issuance (as defined in the Warrants) dilutive issuance if the effect of such Dilutive Issuance dilutive issuance is to cause the Company to be required to issue upon exercise conversion of any Warrant Notes any shares of Common Stock in excess of that number of shares of Common Stock which the Company may issue upon exercise conversion of the Warrants Notes without breaching the Company’s 's obligations under the rules or regulations of the Eligible Market (as defined in the Warrants)Principal Market.

Additional Notes; Variable Securities; Dilutive Issuances. So For so long as any Buyer beneficially owns any NotesSecurities, the Company will not issue any Notes other than to the Buyers as contemplated hereby and the Company shall not issue any other securities that would cause a breach or default under the Notes. For so long as any Warrants Notes remain outstanding, the Company shall not, in any manner, issue or sell any rights, warrants or options to subscribe for or purchase Common Stock or directly or indirectly convertible into or exchangeable or exercisable for Common Stock (other than Excluded Securities (as defined in the Notes)) at a price which varies or may vary with the market price of the Common Stock, including by way of one or more reset(s) to any fixed price unless the conversion, exchange or exercise price of any such security cannot be less than the then applicable Exercise Conversion Price (as defined in the WarrantsNotes) with respect to the Common Stock under any into which any Warrant Note is exercisableconvertible. For so long as any Warrants Notes remain outstanding, the Company shall not, in any manner, enter into or affect any Dilutive Issuance (as defined in the WarrantsNotes) if the effect of such Dilutive Issuance is to cause the Company to be required to issue issued upon exercise conversion of any Warrant Note any shares of Common Stock in excess of that number of shares of Common Stock which the Company may issue upon exercise conversion of the Warrants Notes without breaching the Company’s obligations under the rules or regulations of the Eligible Market (as defined in the Warrants)Principal Market.

Additional Notes; Variable Securities; Dilutive Issuances. So long as any Buyer beneficially owns any NotesSecurities, the Company will not issue any Notes other than to the Buyers as contemplated hereby and the Company shall not issue any other securities that would cause a breach or default under the Notes. For so long as any Warrants Notes remain outstanding, the Company shall not, in any manner, issue or sell any rights, warrants or options to subscribe for or purchase Common Stock or directly or indirectly convertible into or exchangeable or exercisable for Common Stock at a price which varies or may vary with the market price of the Common Stock, Stock (including by way of one or more reset(s) to any fixed price price, but not including through operation of customary anti-dilution provisions; provided that such anti-dilution provisions are no more favorable to the beneficiary thereof than those of the Buyers as set forth in the Notes) unless the conversion, exchange or exercise price of any such security cannot be less than the then applicable Exercise Conversion Price (as defined in the WarrantsNotes) with respect to the Common Stock into which any Warrant Note is exercisableconvertible. For so long as any Warrants Notes remain outstanding, outstanding the Company shall not, in any manner, enter into or affect any Dilutive Issuance Issuances (as defined in the WarrantsNotes) if the effect as a result of such Dilutive Issuance is to cause the Company to be required to issue upon exercise of any Warrant any shares of Common Stock in excess of that number of shares of Common Stock which the Company may issue Conversion Shares issuable upon exercise conversion of the Warrants without breaching Notes, but for the Company’s obligations under Exchange Cap or the rules or regulations of the Eligible Market Floor Price (each as defined in the WarrantsNotes), would exceed the Exchange Cap.

Additional Notes; Variable Securities; Dilutive Issuances. So long as any Buyer beneficially owns any NotesSecurities, the Company will not issue any Notes other than to the Buyers as contemplated hereby and the Company shall not issue any other securities that would cause a breach or default under the Notes. For so long as any Warrants Notes remain outstanding, the Company shall not, in any manner, issue or sell any rights, warrants or options to subscribe for or purchase Common Stock or directly or indirectly convertible into or exchangeable or exercisable for Common Stock at a price which varies or may vary with the market price of the Common Stock, including by way of one or more reset(s) to any fixed price unless the conversion, exchange or exercise price of any such security cannot be less than the then applicable Exercise Conversion Price (as defined in the WarrantsNotes) with respect to the Common Stock into which any Warrant Note is exercisableconvertible. For so long as any Warrants Notes remain outstanding, outstanding the Company shall not, in any manner, enter into or affect any Dilutive Issuance Issuances (as defined in the WarrantsNotes) if the effect as a result of such Dilutive Issuance is to cause the Company to be required to issue upon exercise of any Warrant any shares of Common Stock in excess of that number of shares of Common Stock which the Company may issue Conversion Shares issuable upon exercise conversion of the Warrants without breaching Notes, but for the Company’s obligations under the rules or regulations of the Eligible Market Exchange Cap (as defined in the WarrantsNotes), would exceed the Exchange Cap.

Additional Notes; Variable Securities; Dilutive Issuances. So long as any Buyer beneficially owns any NotesSecurities, the Company will not issue any Notes other than to the Buyers as contemplated hereby and the Company shall not issue any other securities that would cause a breach or default under the Notes. For so long as any Warrants Notes remain outstanding, the Company shall not, in any manner, issue or sell any rights, warrants or options to subscribe for or purchase Common Stock or directly or indirectly convertible into or exchangeable or exercisable for Common Stock at a price which varies or may vary with the market price of the Common Stock, including by way of one or more reset(s) to any fixed price unless the conversion, exchange or exercise price of any such security cannot be less than the then applicable Exercise Conversion Price (as defined in the WarrantsNotes) with respect to the Common Stock into which any Warrant Note is exercisableconvertible. For so long as any Warrants Notes remain outstanding, the Company shall not, in any manner, enter into or affect any Dilutive Issuance (as defined in the WarrantsNotes) if the effect of such Dilutive Issuance is to cause the Company to be required to issue upon exercise conversion of any Warrant Note any shares of Common Stock in excess of that number of shares of Common Stock which the Company may issue upon exercise conversion of the Warrants Notes without breaching the Company’s obligations under the rules or regulations of the Principal Market or any applicable Eligible Market (as defined in the WarrantsRegistration Rights Agreement).

Additional Notes; Variable Securities; Dilutive Issuances. So long as any Buyer beneficially owns any Notesat least ten percent (10%) of the Aggregate Principal of the Notes are outstanding, the Company will not issue any Notes other than to the Buyers as contemplated hereby and the hereby. The Company shall not issue any other securities that would cause a breach or default under the Notes. For so long as any Warrants Notes remain outstanding, the Company shall not, in any manner, issue or sell any rights, warrants or options to subscribe for or purchase Common Stock or directly or indirectly convertible into or exchangeable or exercisable for Common Stock at a price which varies or may vary with the market price of the Common Stock, including by way of one or more reset(s) to any fixed price unless the conversion, exchange or exercise price of any such security cannot be less than the then applicable Exercise Conversion Price (as defined in the WarrantsNotes) with respect to the Common Stock into which any Warrant is exercisableNote Conversion Shares. For so long as any Warrants Notes remain outstanding, the Company shall not, in any manner, enter into or affect any Dilutive Issuance (as defined in the WarrantsNotes) if the effect of such Dilutive Issuance is to cause the Company to be required to issue upon exercise conversion of any Warrant Note any shares of Common Stock in excess of that number of shares of Common Stock which the Company may issue upon exercise conversion of the Warrants Notes without breaching the Company’s obligations under the rules or regulations of the Eligible Principal Market (as defined in the WarrantsRegistration Rights Agreement).

Additional Notes; Variable Securities; Dilutive Issuances. So long as any Buyer beneficially owns any NotesSecurities, the Company will not issue any Notes (other than to the Buyers as contemplated hereby hereby) and the Company shall not issue any other securities that would cause a breach or default under the Notes. For so long as any Warrants Notes remain outstanding, the Company shall not, in any manner, issue or sell any rights, warrants or options to subscribe for or purchase Common Stock or other securities directly or indirectly convertible into or exchangeable or exercisable for Common Stock at a price which varies or may vary with the market price of the Common Stock, including by way of one or more reset(s) to any fixed price unless the conversion, exchange or exercise price of any such security cannot be less than the then applicable Exercise Exchange Price (as defined in the WarrantsNotes) with respect to the Common Stock into which any Warrant Note is exercisableexchangeable. For so long as any Warrants Notes remain outstanding, the Company shall not, in any manner, enter into or affect any Dilutive Issuance (as defined in the WarrantsNotes) if the effect of such Dilutive Issuance is to cause the Company to be required to issue upon exercise exchange of any Warrant Note any shares of Common Stock in excess of that number of shares of Common Stock which the Company has authorized and reserved for purposes of such exchanges or exercises or which the Company may issue upon exercise exchange of the Warrants without breaching the Company’s obligations under the rules or regulations of the Eligible Market (as defined in the Warrants)Notes.