Common use of Variable Rate Transaction Clause in Contracts

Variable Rate Transaction. From the date hereof until the earlier of (i) the date that the Investor has purchased $20 million in Shares hereunder, (ii) 12 months after the date on which the initial Registration Statement is declared effective by the SEC and (iii) three (3) months after the date of termination of this Agreement in accordance with Section 9.01 herein (the “Limitation Date”), the Company and each Subsidiary shall be prohibited from effecting or entering into an agreement to effect any Subsequent Placement of Common Shares or Common Share Equivalents (or a combination thereof) involving a Variable Rate Transaction, other than in connection with the issuance of Excluded Securities or with the prior written consent of the Investor. The Investor shall be entitled to seek injunctive relief against the Company to preclude any such issuance, which remedy shall be in addition to any right to collect damages, without the necessity of showing economic loss and without any bond or other security being required.

Variable Rate Transaction. From the date hereof until the earlier of (i) the date that the Investor has purchased $20 million in Shares hereunder, (ii) 12 months after the date on which the initial Registration Statement is declared effective by the SEC and (iii) three (3) months after the date of termination of this Agreement in accordance with Section 9.01 herein (the “Limitation Date”), the Company and each Subsidiary shall be prohibited from effecting or entering into an agreement to effect any Subsequent Placement of Common Shares or Common Share Equivalents (or a combination thereof) involving a Variable Rate Transaction, other than in connection with the issuance of Excluded Securities or with the prior written consent of the Investor. The Investor shall be entitled to seek injunctive relief against the Company to preclude any such issuance, which remedy shall be in addition to any right to collect damages, without the necessity of showing economic loss and without any bond or other security being required.