Common use of Date of Delivery of Advance Notice Clause in Contracts

Date of Delivery of Advance Notice. Advance Notices shall be delivered in accordance with the instructions set forth on the bottom of Exhibit “A”. An Advance Notice shall be deemed delivered on: (i) the Trading Day it is received by the Investor, if such Advance Notice is received prior to 5:00 pm, Eastern Time; or (ii) the immediately succeeding Trading Day if such Advance Notice is received by Investor after 5:00 pm, Eastern Time, on a Trading Day or at any time on a day which is not a Trading Day. No Advance Notice may be deemed delivered on a day that is not a Trading Day. The Company may not deliver an Advance Notice to Investor unless at least five (5) Trading Days have elapsed since the immediately preceding Advance Notice Date.

Appears in 10 contracts

Samples: Equity Facility Agreement, Committed Equity Facility Agreement (MusclePharm Corp), Committed Equity Facility Agreement (Ace Marketing & Promotions Inc)

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Date of Delivery of Advance Notice. Advance Notices shall be delivered in accordance with the instructions set forth on the bottom of Exhibit “A”. An Advance Notice shall be deemed delivered on: (i) the Trading Day it is received by the Investor, if such Advance Notice is received prior to 5:00 pm, Eastern Time; or (ii) the immediately succeeding Trading Day if such Advance Notice is received by Investor after 5:00 pm, Eastern Time, on a Trading Day or at any time on a day which is not a Trading Day. No Advance Notice may be deemed delivered on a day that is not a Trading Day. The Company may not deliver an , or if positive receipt of such Advance Notice to Investor unless at least is not acknowledged by the Investor. Unless the parties agree in writing otherwise, there shall be a minimum of five (5) Trading Days have elapsed since the immediately preceding between a Closing Date and a subsequent Advance Notice Date.

Appears in 1 contract

Samples: Committed Equity Facility Agreement (Millennium Healthcare Inc.)

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Date of Delivery of Advance Notice. Advance Notices shall be delivered in accordance with the instructions set forth on the bottom of Exhibit “A”. A. An Advance Notice shall be deemed delivered on: on (i) the Trading Day it is received by the Investor, Investor in accordance with the instructions set forth on the bottom of Exhibit A if such Advance Notice notice is received prior to 5:00 pm, pm Eastern Time; , or (ii) the immediately succeeding Trading Day if such Advance Notice it is received by the Investor in accordance with the instructions set forth on the bottom of Exhibit A after 5:00 pm, pm Eastern Time, Time on a Trading Day or at any time on a day which is not a Trading Day. No Advance Notice may be deemed delivered on a day that is not a Trading Day. The Company may not deliver an Advance Notice to Investor unless at least five (5) Trading Days have elapsed since the immediately preceding Advance Notice Date.

Appears in 1 contract

Samples: Equity Distribution Agreement (GlassesOff Inc.)

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