Common use of DELIVERY OF PUT NOTICES Clause in Contracts

DELIVERY OF PUT NOTICES. Subject to the terms and conditions of the At-the-Market Financing Transaction Documents, and from time to time during the Open Period, the Company may, in its sole discretion, deliver a Put Notice to the Investor which states the dollar amount (designated in U.S. Dollars), which the Company intends to sell to the Investor on a Closing Date (the “Put”). The Put Notice shall be in the form attached hereto as Exhibit C and incorporated herein by reference. The amount that the Company shall be entitled to Put to the Investor (the “Put Amount”) shall be equal to Two Hundred percent (200%) of the average daily volume (U.S. market only) of the Common Stock for the Ten consecutive (10) Trading Days immediately prior to the applicable Put Notice Date. During the Open Period, the Company shall not be entitled to submit a Put Notice until after the previous Closing has been completed. Notwithstanding the foregoing, the Company may not deliver a Put Notice on or earlier of the fourteenth (14th) day immediately following the preceding Put Notice Date (the “Waiting Period”) unless a written waiver to deliver Put Notice during the Waiting Period is obtained by the Company from the Investor in advance.

Appears in 4 contracts

Samples: Investment Agreement (Graystone Co), Investment Agreement (Graystone Co), Investment Agreement (Stevia Nutra Corp.)

AutoNDA by SimpleDocs

DELIVERY OF PUT NOTICES. Subject to the terms and conditions of the At-the-Market Financing Transaction Documents, and from time to time during the Open Period, the Company may, in its sole discretion, deliver a Put Notice to the Investor which states the dollar amount (designated in U.S. Dollars), which the Company intends to sell to the Investor on a Closing Date (the “Put”). The Put Notice shall be in the form attached hereto as Exhibit C and incorporated herein by reference. The amount that the Company shall be entitled to Put to the Investor (the “Put Amount”) shall be equal to Two Hundred percent (200%) of the average daily volume (U.S. market only) of the Common Stock for the Ten consecutive (10) Trading Days immediately prior to the applicable Put Notice Date. During the Open Period, the Company shall not be entitled to submit a Put Notice until after the previous Closing has been completed. Notwithstanding the foregoing, the Company may not deliver a Put Notice on or earlier of the fourteenth (14th) day immediately following the preceding Put Notice Date (the “Waiting Period”) unless a written waiver to deliver Put Notice during the Waiting Period is obtained by the Company from the Investor in advance).

Appears in 1 contract

Samples: Investment Agreement (Lone Star Gold, Inc.)

DELIVERY OF PUT NOTICES. Subject to the terms and conditions of the At-the-Market Financing Equity Line Transaction Documents, and from time to time during the Open Period, the Company may, in its sole discretion, deliver a Put Notice to the Investor which states the dollar amount (designated in U.S. Dollars), which the Company intends to sell to the Investor on a Closing Date (the “Put”). The Put Notice shall be in the form attached hereto as Exhibit C and incorporated herein by reference. The maximum amount that the Company shall be entitled to Put put to the Investor (the “Put Amount”) shall be equal to Two Hundred percent (200%) of the average daily volume (U.S. market only) of the Common Stock for the Ten consecutive (10) Trading Days immediately prior to the applicable Put Notice Date. During the Open Period, the Company shall not be entitled to submit a Put Notice until after the previous Closing has been completed. Notwithstanding the foregoing, the Company may not deliver a Put Notice on or earlier of the fourteenth (14th) day immediately following the preceding Put Notice Date (the “Waiting Period”) unless a written waiver to deliver Put Notice during the Waiting Period is obtained by the Company from the Investor in advance.

Appears in 1 contract

Samples: Investment Agreement (Jammin Java Corp.)

DELIVERY OF PUT NOTICES. Subject to the terms and conditions of the At-the-Market Financing Registered Offering Transaction Documents, and from time to time during the Open Period, the Company may, in its sole discretion, deliver a Put Notice to the Investor which states the dollar amount (designated in U.S. Dollars), which the Company intends to sell to the Investor on a Closing Date (the “Put”). The Put Notice shall be in the form attached hereto as Exhibit C and incorporated herein by reference. The maximum amount that the Company shall be entitled to Put to the Investor (the “Put Amount”) shall be equal to Two Hundred percent twice the average of the daily trading volume of the Company’s common stock during the ten (20010) trading days preceding the Put Date, so long as such amount does not exceed 9.99% of the outstanding shares of the Company. The price of the Put shall be Seventy Five Percent (75%) of the average daily volume (U.S. market only) of the Common Stock lowest VWAP price for the Ten Five (5) consecutive (10) Trading Days immediately prior to trading days preceding the date on which the applicable Put Notice Dateis delivered to the Purchaser. No Put will be made in an amount lower than $5,000 or greater than $100,000, unless agreed to otherwise by the Purchaser in writing. During the Open Period, the Company shall not be entitled to submit a Put Notice until after the previous Closing has been completed. Notwithstanding the foregoing, the Company may not deliver There will be a minimum of ten (10) trading days between Put Notice on or earlier of the fourteenth (14th) day immediately following the preceding Put Notice Date (the “Waiting Period”) Notices unless a written waiver agreed to deliver Put Notice during the Waiting Period is obtained otherwise by the Company from the Investor Purchaser in advancewriting.

Appears in 1 contract

Samples: Investment Agreement (High Performance Beverages Co.)

DELIVERY OF PUT NOTICES. Subject to the terms and conditions of the At-the-Market Financing Transaction Documents, and from time to time during the Open Period, the Company may, in its sole discretion, deliver a Put Notice to the Investor which states the dollar amount (designated in U.S. Dollars), which the Company intends to sell to the Investor on a Closing Date (the “Put”). The Put Notice shall be in the form attached hereto as Exhibit C and incorporated herein by reference. The maximum amount that the Company shall be entitled to Put to the Investor (the “Put Amount”) shall be equal to Two One Hundred percent (200100%) of the average daily volume up to $1,000,000 (U.S. market only) of the Common Stock for the Ten ten consecutive (10) Trading Days immediately prior to the applicable Put Notice DateDate so long as such amount does not exceed 4.99% of the outstanding shares of the Company. During the Open Period, the Company shall not be entitled to submit a Put Notice until after the previous Closing has been completed. Notwithstanding the foregoing, the Company may not deliver a Put Notice on or earlier of the fourteenth (14th) calendar day immediately following the preceding Put Notice Date (the “Waiting Period”) unless a written waiver to deliver Put Notice during the Waiting Period is obtained by the Company from the Investor in advance.

Appears in 1 contract

Samples: Investment Agreement (Santo Mining Corp.)

AutoNDA by SimpleDocs

DELIVERY OF PUT NOTICES. Subject to the terms and conditions of the At-the-Market Financing Registered Offering Transaction Documents, and from time to time during the Open Period, the Company may, in its sole discretion, deliver a Put Notice to the Investor which states the dollar amount (designated in U.S. Dollars), which the Company intends to sell to the Investor on a Closing Date (the “Put”). The Put Notice shall be in the form attached hereto as Exhibit C and incorporated herein by reference. The maximum amount that the Company shall be entitled to Put to the Investor (the “Put Amount”) shall be equal to Two Hundred percent (200%) of the average daily dollar trading volume (U.S. market only) of the Common Stock for the Ten consecutive (10) Trading Days immediately prior to the applicable Put Notice Date. During the Open Period, the Company shall not be entitled to submit a Put Notice until after the previous Closing has been completed. Notwithstanding the foregoing, the Company may not deliver a Put Notice on or earlier of the fourteenth (14th) calendar day immediately following the preceding Put Notice Date (the “Waiting Period”) unless a written waiver to deliver Put Notice during the Waiting Period is obtained by the Company from the Investor in advance.

Appears in 1 contract

Samples: Investment Agreement (Clean Wind Energy Tower, Inc.)

DELIVERY OF PUT NOTICES. Subject to the terms and conditions of the At-the-Market Financing Registered Offering Transaction Documents, and from time to time during the Open Period, the Company may, in its sole discretion, deliver a Put Notice to the Investor which states the dollar amount (designated in U.S. Dollars), which the Company intends to sell to the Investor on a Closing Date (the “Put”). The Put Notice shall be in the form attached hereto as Exhibit C and incorporated herein by reference. The maximum amount that the Company shall be entitled to Put to the Investor (the “Put Amount”) shall be equal to Two Hundred percent twice the average of the daily trading volume of the Company’s common stock during the five (2005) trading days preceding the Put Date, so long as such amount does not exceed 9.99% of the outstanding shares of the Company. The price of the Put shall be Eighty Percent (80%) of the average daily lowest volume (U.S. market only) of the Common Stock weighted price for the Ten Five (5) consecutive (10) Trading Days immediately prior to trading days preceding the date on which the applicable Put Notice Dateis delivered to the Purchaser. No Put will be made in an amount lower than $50,000 or greater than $1,500,000, unless agreed to otherwise by the Purchaser in writing. During the Open Period, the Company shall not be entitled to submit a Put Notice until after the previous Closing has been completed. Notwithstanding the foregoing, the Company may not deliver There will be a minimum of ten (10) trading days between Put Notice on or earlier of the fourteenth (14th) day immediately following the preceding Put Notice Date (the “Waiting Period”) Notices unless a written waiver agreed to deliver Put Notice during the Waiting Period is obtained otherwise by the Company from the Investor Purchaser in advancewriting.

Appears in 1 contract

Samples: Investment Agreement (Dominovas Energy Corp)

DELIVERY OF PUT NOTICES. Subject to the terms and conditions of the At-the-Market Financing Registered Offering Transaction Documents, and from time to time during the Open Period, the Company may, in its sole discretion, deliver a Put Notice to the Investor which states the dollar amount (designated in U.S. Dollars), which the Company intends to sell to the Investor on a Closing Date (the “Put”). The Put Notice shall be in the form attached hereto as Exhibit C and incorporated herein by reference. The maximum amount that the Company shall be entitled to Put to the Investor (the “Put Amount”) shall be equal to Two Hundred percent twice the average of the daily trading volume of the Company’s common stock during the ten (20010) trading days preceding the Put Date, so long as such amount does not exceed 9.99% of the outstanding shares of the Company. The price of the Put shall be Eighty Percent (80%) of the average daily lowest volume (U.S. market only) of the Common Stock weighted price for the Ten consecutive (10) Trading Days immediately prior to consecutive trading days preceding the date on which the applicable Put Notice Dateis delivered to the Purchaser. No Put will be made in an amount lower than $5,000 or greater than $200,000, unless agreed to otherwise by the Purchaser in writing. During the Open Period, the Company shall not be entitled to submit a Put Notice until after the previous Closing has been completed. Notwithstanding the foregoing, the Company may not deliver There will be a minimum of ten (10) trading days between Put Notice on or earlier of the fourteenth (14th) day immediately following the preceding Put Notice Date (the “Waiting Period”) Notices unless a written waiver agreed to deliver Put Notice during the Waiting Period is obtained otherwise by the Company from the Investor Purchaser in advancewriting.

Appears in 1 contract

Samples: Investment Agreement (Eventure Interactive, Inc.)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!