Buyer's Purchase Rights and Obligations Sample Clauses

Buyer's Purchase Rights and Obligations. Subject to the Company's right to suspend purchases under Section 1(d)(ii) hereof, the Buyer shall purchase shares of Common Stock on each Trading Day during each Monthly Period equal to the Daily Purchase Amount (as defined in Section 1(c)(i)) at the Purchase Price. Within one (1) Trading Day of receipt of Purchase Shares, the Buyer shall pay to the Company an amount equal to the Purchase Amount with respect to such Purchase Shares as full payment for the purchase of the Purchase Shares so received. The Company shall not issue any fraction of a share of Common Stock upon any purchase. All shares of Common Stock (including fractions thereof) issuable upon a purchase under this Agreement shall be aggregated for purposes of determining whether the purchase would result in the issuance of a fraction of a share of Common Stock. If, after the aforementioned aggregation, the issuance would result in the issuance of a fraction of a share of Common Stock, the Company shall round such fraction of a share of Common Stock up or down to the nearest whole share. All payments made under this Agreement shall be made in lawful money of the United States of America by check or wire transfer of immediately available funds to such account as the Company may from time to time designate by written notice in accordance with the provisions of this Agreement. Whenever any amount expressed to be due by the terms of this Agreement is due on any day that is not a Trading Day, the same shall instead be due on the next succeeding day which is a Trading Day.
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Buyer's Purchase Rights and Obligations. Subject to the Company's right to suspend purchases under Section 1(d)(ii) hereof, the Buyer shall purchase shares of Common Stock on each Trading Day during each Monthly Period equal to the Daily Base Amount at the Purchase Price. Within one (1) Trading Day of receipt of Purchase Shares, the Buyer shall pay to the Company an amount equal to the Purchase Amount with respect to such Purchase Shares as full payment for the purchase of the Purchase Shares so received. The Company shall not issue any fraction of a share of Common Stock upon any purchase. All shares of Common Stock (including fractions thereof) issuable upon a purchase under this Agreement shall be aggregated for purposes of determining whether the purchase would result in the issuance of a fraction of a share of Common Stock. If, after the aforementioned aggregation, the issuance would result in the issuance of a fraction of a share of Common Stock, the Company shall round such fraction of a share of Common Stock up or down to the nearest whole share. All payments made under this Agreement shall be made in lawful money of the United States of America by wire transfer of immediately available funds to such account as the Company may from time to time designate by written notice in accordance with the provisions of this Agreement. Whenever any amount expressed to be due by the terms of this Agreement is due on any day which is not a Trading Day, the same shall instead be due on the next succeeding day which is a Trading Day.
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Buyer's Purchase Rights and Obligations. Subject to the provisions of Sections 1(d), the Buyer shall purchase shares of Common Stock during each Monthly Period equal to the Monthly Base Amount at the Purchase Price in accordance with Section 1(e). At the Company's request, the Buyer may, but shall not be obligated to, in the Buyer's sole discretion, make cash advances to the Company in such amounts as the Buyer and the Company shall mutually determine as an advance against future purchases under this Agreement (the current balance of such advances is referred to herein as the "Prepaid Amount"). The outstanding balance of the Prepaid Amount shall increase as any cash advances are paid to the Company. In order to satisfy the Buyer's obligation to pay the Purchase Amount for the purchase of Purchase Shares hereunder, the Prepaid Amount shall be reduced by the applicable Purchase Amount as the Buyer submits Purchase Notices hereunder. The Company shall have the right at any time to repay to the Buyer the outstanding balance of the Prepaid Amount in cash to the extent the Buyer has not submitted a Purchase Notice with respect thereto. The buyer shall have the right to require the Company to repar the Prepaid Amount in full at any time, for any reason or for no reason, and the Company shall repay the Prepaid Amount in full immediately upon demand by the Buyer. At any time when the outstanding balance of the Prepaid Amount is zero, the Buyer shall, within three (3) Trading Days of receipt of Purchase Shares, pay to the Company an amount equal to the Purchase Amount with respect to such Purchase Shares as full payment for the purchase of the Purchase Shares so received.. The Company shall not issue any fraction of a share of Common Stock upon any purchase. All shares of Common Stock (including fractions thereof) issuable upon a purchase under this Agreement shall be aggregated for purposes of determining whether the purchase would result in the issuance of a fraction of a share of Common Stock. If, after the aforementioned aggregation, the issuance would result in the issuance of a fraction of a share of Common Stock, the Company shall round such fraction of a share of Common Stock up or down to the nearest whole share. All payments made under this Agreement shall be made in lawful money of the United States of America by check or wire transfer of immediately available funds to such account as the Company may from time to time designate by written notice in accordance with the provisions of this Agreemen...
Sample 1
Buyer's Purchase Rights and Obligations. Subject to daily purchase obligations described in Section 2.1.2.b, Buyer has the right to nominate, purchase and receive from Seller any quantity of Gas elected by Buyer each Day of the Term of Contract up to the MaxDQ, such quantity being the “Daily Contract Quantity” or “DCQ”. Once the Daily Contract QuantityOnce the DCQ is elected by Buyer for a Day, Buyer shall have the obligation to receive and purchase such DCQ of Gas from Seller on such Day. Buyer agrees to nominate, purchase and accept from Seller during each Day of the Term of Contract a Daily Contract QuantityDCQ of Gas at least equal to the Minimum Daily Quantity.MinDQ. If Buyer fails to nominate, purchase and accept from Seller the Minimum Daily QuantityMinDQ or if Buyer fails to purchase and accept the Daily Contract Quantity,DCQ, Buyer shall be responsible to Seller for payment in accordance with Section 2.3.2 herein.
Sample 1
Buyer's Purchase Rights and Obligations. Subject to the provisions of Sections 2(d) and 7 below, during each Monthly Period, the Buyer shall purchase shares of Common Stock equal to the Monthly Purchase Amount for such Monthly Period in accordance with Section 2(e), at the Purchase Rate (as defined below). Subject to the provisions of Sections 2(d) and 7 below, at any time on or after the Maturity Date, the Buyer shall have the right to purchase shares of Common Stock up to the entire remaining Available Amount in accordance with Section 2(e), at the Purchase Rate. Within three (3) Trading Days of receipt of Purchase Shares, the Buyer shall pay to the Company an amount equal to the Purchase Amount with respect to such Purchase Shares as full payment for the Purchase Shares so received. The Company shall not issue any fraction of a share of Common Stock upon any purchase. All shares of Common Stock (including fractions thereof) issuable upon a purchase under this Agreement shall be aggregated for purposes of determining whether the purchase would result in the issuance of a fraction of a share of Common Stock. If, after the aforementioned aggregation, the issuance would result in the issuance of a fraction of a share of Common Stock, the Company shall round such fraction of a share of Common Stock up or down to the nearest whole share.
Sample 1
Buyer's Purchase Rights and Obligations. The Buyer shall purchase shares of Common Stock within five (5) days of receipt of written notice from the Company to Buyer of the Company’s intent to sell Common Stock to Buyer (the “Sale Notice”). The shares of Common Stock shall be purchased at the Purchase Price (as defined herein). No Sale Notice shall be for less than One Hundred Thousand Dollars ($100,000), and the obligation of the Buyer to purchase shares of Common Stock hereunder shall be limited to an aggregate purchase of Five Hundred Thousand Dollars ($500,000). The Company shall not issue any fraction of a share of Common Stock upon any purchase. All shares of Common Stock (including fractions thereof) issuable upon a purchase under this Agreement shall be aggregated for purposes of determining whether, after the aforementioned aggregation, the issuance would result in the issuance of a fraction of a share of Common Stock. If then such issuance would result in a fraction, the Company shall round such fraction of a share of Common Stock up or down to the nearest whole share. All payments made by Buyer under this Agreement shall be made in lawful money of the United States of America by check or wire transfer of immediately available funds to such account as the Company may from time to time designate by written notice in accordance with the provisions of this Agreement.
Sample 1

Related to Buyer's Purchase Rights and Obligations

  • Absolute Rights and Obligations This is a guaranty of payment and not of collection. The Guarantors’ Obligations under this Guaranty Agreement shall be joint and several, absolute and unconditional irrespective of, and each Guarantor hereby expressly waives, to the extent permitted by law, any defense to its obligations under this Guaranty Agreement and all Security Instruments to which it is a party by reason of:

  • Additional Rights and Obligations The author(s) (and their employers as applicable), hereby authorise the Publishers to take such steps as they consider necessary at their own expense in the copyright owner’s name and on their behalf, if they believe that a third party is infringing or is likely to infringe copyright or the rights granted to the Publishers herein in the Contribution without further recourse to the copyright owner(s). The Corresponding Author acknowledges that all versions of the Contribution, and any associated reviews and responses to those reviews, may be published if the Contribution is accepted for publication. The Publishers expressly agree to place the final published post-production Contribution for display on PMC (including their international mirror sites) promptly after publication without extra charge for this deposit to the authors or their employers (provided PMC does not charge the Publishers), which will include any Publisher supplied amendments or retractions. The author(s) acknowledge and accept that BMJ may make additional changes to the Contribution as considered necessary in accordance with standard editorial processes whether before or after publication. The Corresponding Author will usually see proofs for their Contribution and every effort will be made to consult with the Corresponding Author if substantial alterations are made. BMJ may also retract or publish a correction or other notice when it considers this appropriate for legal or editorial reasons and this shall be at its absolute discretion which shall be exercised reasonably.

  • Other Rights and Obligations of the Authority Upon Termination for any reason whatsoever, the Authority shall:

  • Rights and Obligations Except as expressly set forth in this Agreement, no Member, in its capacity as a Member, will have any right, power or authority to transact any business in the name of the Series, participate in the management of the Series or to act for or on behalf of or to bind the Series. A Member will have no rights other than those specifically provided herein or granted by law. Except as required by the Act, no Member, solely by reason of being a member, shall be liable for the debts, liabilities, obligations or expenses of the Series.

  • Continuing Rights and Obligations After the satisfaction and discharge of this Indenture, this Indenture will continue for (i) rights of registration of transfer and exchange, (ii) replacement of mutilated, destroyed, lost or stolen Notes, (iii) the rights of the Noteholders to receive payments of principal of and interest on the Notes, (iv) the obligations of the Indenture Trustee and any Note Paying Agent under Section 3.3, (v) the rights, obligations and immunities of the Indenture Trustee under this Indenture and (vi) the rights of the Secured Parties as beneficiaries of this Indenture in the property deposited with the Indenture Trustee payable to them for a period of two years after the satisfaction and discharge.

  • Rights and Obligations of Members Section 6.1

  • Rights and Obligations Subsequent to Closing 24 9.1 Survival of Warranties.............................................24

  • Rights and Obligations Survive Exercise of Warrant Unless otherwise provided herein, the rights and obligations of the Company, of the holder of this Warrant and of the holder of the Shares issued upon exercise of this Warrant, shall survive the exercise of this Warrant.

  • Parties' Rights and Obligations If during the Term there is any Taking of all or any part of the Leased Property or any interest in this Lease by Condemnation, the rights and obligations of the parties shall be determined by this Article XV.

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