definiens: means a transaction in which the Company ( i ) issues or sells anydebt or equity securities that are convertible into, exchangeable or exercisable for, or include the right toreceive additional shares of Common Stock either ( A ) at a conversion price, exercise price or exchange rateor other price that is based upon and/or varies with the trading prices of or quotations for the shares ofCommon Stock at any time after the initial issuance of such debt or equity securities, or ( B ) with aconversion, exercise or exchange price that is subject to being reset at some future date after the initialissuance of such debt or equity security or upon the occurrence of specified or contingent events directly orindirectly related to the business of the Company or the market for the Common Stock or ( ii ) enters into, oreffects a transaction under, any agreement, including, but not limited to, an equity line of credit or at - the - market offering, whereby the Company may issue securities at a future determined price ; provided, theCompany may utilize an at - the - market offering conducted under Rule 415 commencing 90 days after May 11,2017 . The Purchaser shall be entitled to obtain injunctive relief against the Company to preclude any suchissuance, which remedy shall be in addition to any right to collect damages