DATE OF DELIVERY OF PUT NOTICE Sample Clauses

DATE OF DELIVERY OF PUT NOTICE. A Put Notice shall be deemed delivered on (i) the Trading Day it is received by email by the Investor if such notice is received on or prior to 9:00 a.m. EST or (ii) the immediately succeeding Trading Day if it is received by email after 9:00 a.m. EST on a Trading Day or at any time on a day which is not a Trading Day. The Company shall not deliver a Put Notice to the Investor during the period beginning on the Put Date of the immediately prior Put Notice and ending on the date that is six (6) Trading Days after the Clearing Date associated with the Common Stock of the immediately prior Put Notice.

DATE OF DELIVERY OF PUT NOTICE. A Put Notice shall be deemed delivered on (i) the Trading Day it is received by email by the Investor if such notice is received on or prior to 2:30 p.m. Eastern time, or (ii) the immediately succeeding Trading Day if it is received by email after 2:30 p.m. Eastern time on a Trading Day or at any time on a day which is not a Trading Day. The Company shall not deliver a Put Notice to the Investor during the period beginning on the Put Date of the immediately prior Put Notice and continuing through the date that is three (3) Trading Days following the Clearing Date associated with the immediately prior Put Notice (the “Cooldown Period”), provided, however, that the respective Cooldown Period shall not apply to the immediately prior Put Notice if (i) the Put Shares for the immediately prior Put Notice have been delivered to the Investor pursuant to the terms of this Agreement and (ii) the trading volume of the Common Stock on any Trading Day during the respective Cooldown Period exceeds 400% of the total Put Shares of the immediately prior Put Notice (the “Cooldown Waiver Trigger”). Notwithstanding anything herein to the contrary, all trading volume of the Common Stock on the respective Put Date that occurs prior to the specific time that the Put Notice is delivered to Investor shall not count towards the Cooldown Waiver Trigger.

DATE OF DELIVERY OF PUT NOTICE. A Put Notice shall be deemed delivered on (i) the Trading Day it is received by email by the Investor if such notice is received on or prior to 8:30 a.m. New York time or (ii) the immediately succeeding Trading Day if it is received by email after 8:30 a.m. New York time on a Trading Day or at any time on a day which is not a Trading Day. The Valuation Period will commence one (1) Trading Day following the Clearing Date. The Company shall not deliver another Put Notice to the Investor during the Valuation Period with respect to any Put.

DATE OF DELIVERY OF PUT NOTICE. A Put Notice shall be deemed delivered on (i) the Trading Day it is received by email (to the address set forth in Section 11.1 herein) by the Investor if such notice is received prior to 1:00 pm Eastern Time, or (ii) the immediately succeeding Trading Day if it is received by email after 1:00 pm Eastern Time on a Trading Day or at any time on a day which is not a Trading Day. No Put Notice may be deemed delivered on a day that is not a Trading Day. The Company acknowledges and agrees that the Investor shall be entitled to treat any email it receives from officers whose email addresses are identified by the Company purporting to be a Put Notice as a duly executed and authorized Put Notice from the Company.

DATE OF DELIVERY OF PUT NOTICE. A Put Notice shall be deemed delivered on (i) the Trading Day it is received by facsimile or otherwise by Investor if such notice is received on or prior to 12:00 noon Pacific Coast time, or (ii) the immediately succeeding Trading Day if it is received by facsimile or otherwise after 12:00 noon Pacific Coast time on a Trading Day or at anytime on a day which is not a Trading Day.

DATE OF DELIVERY OF PUT NOTICE. A Put Notice shall be deemed delivered on the Trading Day it is received by email by the Investor. The Company may deliver multiple Put Notices to the Investor on a respective Put Date so long as (i) the Put Shares for all Put Notices dated prior to the respective Put Date have been delivered to the Investor and (ii) the aggregate number of Put Shares for all Puts on the respective Put Date does not exceed the number of Put Shares determined by dividing the Maximum Daily Put Amount on the respective Put Date by Initial Purchase Price on the respective Put Date (the “Daily Put Share Limit”), provided, further, that each time the trading volume of the Common Stock on a respective Put Date exceeds 300% of the Daily Put Share Limit (the “Put Share Limit Waiver Trigger”), all Put Shares under all Puts delivered by the Company to Investor prior to the occurrence of the Put Share Limit Waiver Trigger shall no longer count towards the Daily Put Share Limit.

DATE OF DELIVERY OF PUT NOTICE. A Put Notice shall be deemed delivered on (i) the Trading Day it is received by e-mail by the Investor if such notice is received on or prior to 8:30 a.m. EST or (ii) the immediately succeeding Trading Day if it is received by e-mail after 8:30 a.m. EST on a Trading Day or at any time on a day which is not a Trading Day. The Company shall not deliver another Put Notice to the Investor within ten (10) Trading Days of a prior Put Notice, unless agreed upon by both parties to be waived and such Put Notice can be delivered earlier than the ten (10) day period.

DATE OF DELIVERY OF PUT NOTICE. A Put Notice shall be deemed delivered on (i) the Trading Day it is received by email by the Investor if such notice is received on or prior to 9:00 a.m. in New York, NY (provided, however, that “on or prior to 9:00 am in New York, NY” in the immediately preceding clause shall be replaced with “prior to 1:00 p.m. in New York, NY” in the case of an Accelerated Put) or (ii) the immediately succeeding Trading Day if it is received by email after 9:00 a.m. in New York, NY on a Trading Day or at any time on a day which is not a Trading Day (provided, however, that “9:00 a.m.” in the immediately preceding clause shall be replaced with “1:00 p.m.” in the case of an Accelerated Put). Unless the Company provides a Cooldown Waiver Notice to the Investor pursuant to the terms of this Agreement, the Company shall not deliver a Put Notice to the Investor during the period beginning on the Put Date of the immediately prior Put Notice and continuing through the date that is five (5) Trading Days after the Clearing Date associated with the Common Stock of the immediately prior Put Notice (the “Cooldown Period”). Notwithstanding the foregoing, if the Single Day Trading Volume on any single Trading Day during the five (5) Trading Days after the Put Date of any Put (the “Acceleration Period”) exceeds 300% of the number of Put Shares of the respective Put (as specified in the Put Notice) (each an “Acceleration Event”), then the Company may waive the Cooldown Period with respect to the applicable Put by giving written notice to the Investor during the respective Acceleration Period (the “Cooldown Waiver Notice”). If the Company provides a Cooldown Waiver Notice to the Investor, then the Cooldown Period for the respective Put shall end as of the date and time of the respective Cooldown Waiver Notice (the “Cooldown Waiver Notice Effective Time”).

DATE OF DELIVERY OF PUT NOTICE. A Put Notice shall be deemed delivered on a Trading Day if it is received by e-mail by the Investor if such notice is received on or after 4:00 p.m., New York City time, and prior to 6:30 p.m., New York City time, on such Trading Day (“Put Notice Delivery Window”) and shall be confirmed by Investor by 8:00 p.m., New York City time. If a Put Notice is not confirmed by the Investor to the Company no later than 8:00 p.m., New York City time, on the Trading Day it was received; provided that if such Put Notice received outside of the Put Notice Delivery Window is not confirmed as accepted by 8:00 p.m., New York City time, on such Trading Day, the Put Notice will be deemed withdrawn.