Common use of Subsequent Variable Rate Transactions Clause in Contracts

Subsequent Variable Rate Transactions. From the date hereof until such time as the Buyer no longer holds the Note or any of the Conversion Shares, the Company shall be prohibited from entering into an agreement involving a Variable Rate Transaction without the prior written consent of the Buyer, which consent shall not be unreasonably withheld, delayed or conditioned, provided, however, that the Company may perform under any Variable Rate Transaction entered into prior to the date of issuance of the Note and disclosed in the SEC Documents (which, for the avoidance of doubt, only includes the equity financing agreement with GHS Investments, LLC and the convertible note issued to the Buyer on October 17, 2019). “Variable Rate Transaction” means 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 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 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. Any Purchaser shall be entitled to obtain injunctive relief against the Company to preclude any such issuance, which remedy shall be in addition to any right to collect damages.

Subsequent Variable Rate Transactions. From the date hereof until such time as the Buyer no longer holds the Note or any of the Conversion Shares, the Company shall be prohibited from effecting or entering into an agreement involving a Variable Rate Transaction Transaction, including, without limitation, in connection with the prior written consent of the Buyer, which consent shall not be unreasonably withheld, delayed or conditioned, provided, however, that the Company may perform under any Variable Rate Transaction entered into prior to the date of issuance of the Note and disclosed Company’s private placement described in the SEC Documents (which, for the avoidance of doubt, only includes the equity financing agreement with GHS Investments, LLC and the convertible note issued to the Buyer on October 17, 2019)Section 1(e) hereof. “Variable Rate Transaction” means 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 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 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. Any Purchaser shall be entitled to obtain injunctive relief against the Company to preclude any such issuance, which remedy shall be in addition to any right to collect damages. Buyer shall not unreasonably delay or withhold its consent to any subsequent Variable Rate Transaction.

Subsequent Variable Rate Transactions. From the date hereof until such time as the Buyer no longer holds the Note or any of the Conversion Shares, the Company shall be prohibited from entering into an agreement involving a Variable Rate Transaction without the prior written consent of the Buyer, which consent shall not be unreasonably withheld, delayed or conditioned, provided, however, that the Company may perform under any Variable Rate Transaction entered into prior to the date of issuance of the Note and disclosed in the SEC Documents (which, for the avoidance of doubt, only includes the equity financing agreement with GHS Investments, LLC and the convertible note issued to the Buyer on October 17, 2019LLC). “Variable Rate Transaction” means 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 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 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. Any Purchaser shall be entitled to obtain injunctive relief against the Company to preclude any such issuance, which remedy shall be in addition to any right to collect damages.