Common use of DELIVERY OF PUT NOTICES Clause in Contracts

DELIVERY OF PUT NOTICES. (i) Subject to the terms and conditions of the 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 Put Amount which the Company intends to sell to the Investor on a Closing Date. The Put Notice shall be in the form attached hereto as Exhibit B and incorporated herein by reference. The amount that the Company shall be entitled to Put to the Investor in any single Put Notice (the "Put Amount") shall be equal to, at the Company's election, either: (a) two hundred percent (200%) of the average daily volume (U.S. market only) of the Common Stock for the ten (10) Trading Days prior to the applicable Put Notice Date, multiplied by the average of the three (3) daily closing Best Bid prices immediately preceding the Put Date, or (b) ten thousand $10,000. During the Open Period, the Company shall not be entitled to submit a Put Notice until after the previous Closing has been completed. The Purchase Price for the Common Stock identified in the Put Notice shall be equal to 95% of the lowest closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 2 contracts

Samples: Investment Agreement (Human Biosystems Inc), Investment Agreement (Human Biosystems Inc)

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DELIVERY OF PUT NOTICES. (iI) Subject to the terms and conditions of the 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 Put Amount (designated in shares of Common Stock) which the Company intends to sell to the Investor on a Closing Date. The Put Notice shall be in the form attached hereto as Exhibit B and incorporated herein by reference. The amount that the Company shall be entitled to Put to the Investor in any single Put Notice (the "Put Amount") shall be equal to, at the Company's election, either: (aA) two hundred percent (200%) % of the average daily volume (U.S. market only) of the Common Stock for the ten (10) 10 Trading Days prior to the applicable Put Notice Date, multiplied by the average of the three (3) daily closing Best Bid prices immediately preceding the Put Date, or (bB) ten thousand $10,000; provided that in no event will the Put Amount be more than $1,000,000 with respect to any single Put. During the Open Period, the Company shall not be entitled to submit a Put Notice until after the previous Closing has been completed. The Purchase Price for the Common Stock identified in the Put Notice shall be equal to 9593% of the lowest closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (Force Protection Inc)

DELIVERY OF PUT NOTICES. (i) Subject to the terms and conditions of the 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) (the "Put Amount Amount"), which the Company intends to sell to the Investor on a Closing DateDate (the "Put"). The Put Notice shall be in the form attached hereto as Exhibit B A and incorporated herein by reference. The amount that the Company shall be entitled to Put to the Investor in any single Put Notice (the "Put Amount") shall be equal to, at the Company's ’s election, either: (aA) two hundred One Hundred percent (200100%) of the average daily volume (U.S. market only) of the Common Stock for the ten Ten (10) Trading Days prior to the applicable Put Notice Date, multiplied by the average of the three (3) daily closing Best Bid prices bid price immediately preceding the Put Notice Date; provided, however, that the Put Amount shall not be less than $200,000, or (bB) ten thousand up to two million dollars ($10,0002,000,000). During the Open Period, the Company shall not be entitled to submit a Put Notice until after not less than ten (10) Trading Days from the end of previous Closing has been completedClosing. The Purchase Price for the Common Stock identified in the Put Notice shall be equal to 95% eighty five percent (85%) of the lowest closing Best Bid price of the Common Stock during the Pricing Period. In the event that the Purchase Price for the Common Stock identified in the Put Notice does not equal or exceed $0.80, as calculated with respect to any Closing, then such Closing will not occur.

Appears in 1 contract

Samples: Investment Agreement (China Sun Group High-Tech Co)

DELIVERY OF PUT NOTICES. (iI) Subject to the terms and conditions of the 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 Put Amount which the Company intends to sell to the Investor on a Closing Date. The Put Notice shall be in the form attached hereto as Exhibit B and incorporated herein by reference. The amount that the Company shall be entitled to Put to the Investor in any single Put Notice (the "Put Amount") shall be equal to, at the Company's election, either: (aA) two four hundred percent (200400%) of the average daily volume (U.S. market only) of the Common Stock for the ten (10) Trading Days prior to the applicable Put Notice Date, multiplied by the average of the three (3) daily closing Best Bid prices immediately preceding the Put Date, or (bB) ten twenty five thousand $10,00025,000; provided that in no event will the Put Amount be more than One Million Dollars ($1,000,000) with respect to any single Put. During the Open Period, the Company shall not be entitled to submit a Put Notice until after the previous Closing has been completed. The Purchase Price for the Common Stock identified in the Put Notice shall be equal to 95% of the lowest closing Best Bid bid price of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (Payment Data Systems Inc)

DELIVERY OF PUT NOTICES. (iI) Subject to the terms and conditions of the 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 Put Amount (designated in shares of Common Stock) which the Company intends to sell to the Investor on a Closing Date. The Put Notice shall be in the form attached hereto as Exhibit B and incorporated herein by reference. The amount that the Company shall be entitled to Put to the Investor in any single Put Notice (the "Put Amount") shall be equal to, at the Company's election, either: (aA) two hundred percent (200%) % of the average daily volume (U.S. market only) of the Common Stock for the ten (10) 20 Trading Days prior to the applicable Put Notice Date, multiplied by the average of the three (3) daily closing Best Bid bid prices immediately preceding the Put Date, or (bB) ten thousand $10,00050,000; provided that in no event will the Put Amount be more than $1,000,000 with respect to any single Put. During the Open Period, the Company shall not be entitled to submit a Put Notice until after the previous Closing has been completed. The Purchase Price for the Common Stock identified in the Put Notice shall be equal to 95% of the lowest closing Best Bid bid price of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (Locateplus Holdings Corp)

DELIVERY OF PUT NOTICES. (i) Subject to the terms and conditions of the 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 Put Amount which the Company intends to sell to the Investor on a Closing Date. The Put Notice shall be in the form attached hereto as Exhibit B and incorporated herein by reference. The amount that the Company shall be entitled to Put to the Investor in any single Put Notice (the "Put Amount") shall be equal to, at the Company's election, either: (a) two four hundred percent (200400%) of the average daily volume (U.S. market only) of the Common Stock for the ten (10) Trading Days prior to the applicable Put Notice Date, multiplied by the average of the three (3) daily closing Best Bid prices immediately preceding the Put Date, or (b) ten twenty five thousand $10,00025,000; provided that in no event will the Put Amount be more than One Million Dollars ($1,000,000) with respect to any single Put. During the Open Period, the Company shall not be entitled to submit a Put Notice until after the previous Closing has been completed. The Purchase Price for the Common Stock identified in the Put Notice shall be equal to 95% of the lowest closing Best Bid bid price of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (Payment Data Systems Inc)

DELIVERY OF PUT NOTICES. (i) Subject to the terms and conditions of the 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 Put Amount (designated in shares of Common Stock) which the Company intends to sell to the Investor on a Closing Date. The Put Notice shall be in the form attached hereto as Exhibit B and incorporated herein by reference. The amount that the Company shall be entitled to Put to the Investor in any single Put Notice (the "Put Amount") shall be equal to, at the Company's election, either: (aA) two hundred percent (200%) of the average daily volume (U.S. market only) of the Common Stock for the ten (10) Trading Days prior to the applicable Put Notice Date, multiplied by the average of the three (3) daily closing Best Bid prices immediately preceding the Put Date, or (bB) ten thousand dollars ($10,000); provided that in no event will the Put Amount be more than three hundred thousand dollars ($300,000) with respect to any single Put, and the aggregate dollar amount of all Puts in any thirty (30) day period shall not exceed three hundred thousand dollars ($300,000). During the Open Period, the Company shall not be entitled to submit a Put Notice until after the previous Closing has been completed. The Purchase Price for the Common Stock identified in the Put Notice shall be equal to 95% eighty-eight percent (88%) of the lowest closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (Gameznflix Inc)

DELIVERY OF PUT NOTICES. (i) Subject to the terms and conditions of the 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 Put Amount which the Company intends to sell to the Investor on a Closing Date. The Put Notice shall be in the form attached hereto as Exhibit B and incorporated herein by reference. The amount that the Company shall be entitled to Put to the Investor in any single Put Notice (the "Put Amount") shall be equal to, at the Company's election, either: (a) two hundred percent (200%) of the average daily volume (U.S. market only) of the Common Stock for the ten (10) Trading Days prior to the applicable Put Notice Date, multiplied by the average of the three (3) daily closing Best Bid prices immediately preceding the Put Date, or (b) ten one hundred thousand $10,000100,000; provided that in no event will the Put Amount be more than One Million Dollars ($1,000,000) with respect to any single Put. During the Open Period, the Company shall not be entitled to submit a Put Notice until after the previous Closing has been completed. The Purchase Price for the Common Stock identified in the Put Notice shall be equal to 95% of the lowest closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (Nova Communications LTD)

DELIVERY OF PUT NOTICES. (i) Subject to the terms and conditions of the 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 Put Amount (designated in shares of Common Stock) which the Company intends to sell to the Investor on a Closing Date. The Put Notice shall be in the form attached hereto as Exhibit B and incorporated herein by reference. The amount that the Company shall be entitled to Put to the Investor in any single Put Notice (the "Put Amount") shall be equal to, at the Company's election, either: (a) two hundred percent (200%) % of the average daily volume (U.S. market only) of the Common Stock for the ten (10) 10 Trading Days prior to the applicable Put Notice Date, multiplied by the average of the three (3) daily closing Best Bid prices immediately preceding the Put Date, or (b) ten thousand $10,000; provided that in no event will the Put Amount be more than $1,000,000 with respect to any single Put. During the Open Period, the Company shall not be entitled to submit a Put Notice until after the previous Closing has been completed. The Purchase Price for the Common Stock identified in the Put Notice shall be equal to 9593% of the lowest closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (Force Protection Inc)

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DELIVERY OF PUT NOTICES. (iI) Subject to the terms and conditions of the 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 Put Amount which the Company intends to sell to the Investor on a Closing Date. The Put Notice shall be in the form attached hereto as Exhibit B and incorporated herein by reference. The amount that the Company shall be entitled to Put to the Investor in any single Put Notice (the "Put Amount") shall be equal to, at the Company's election, either: (aA) two hundred percent (200%) of the average daily volume (U.S. market only) of the Common Stock for the ten (10) Trading Days prior to the applicable Put Notice Date, multiplied by the average of the three (3) daily closing Best Bid prices immediately preceding the Put Date, or (bB) ten twenty-five thousand $10,00025,000; provided that in no event will the Put Amount be more than One Million Dollars ($1,000,000) with respect to any single Put. During the Open Period, the Company shall not be entitled to submit a Put Notice until after the previous Closing has been completed. The Purchase Price for the Common Stock identified in the Put Notice shall be equal to 95% of the three lowest closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (Compumed Inc)

DELIVERY OF PUT NOTICES. (iI) Subject to the terms and conditions of the 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 Put Amount (designated in shares of Common Stock) which the Company intends to sell to the Investor on a Closing Date. The Put Notice shall be in the form attached hereto as Exhibit B and incorporated herein by reference. The amount that the Company shall be entitled to Put to the Investor in any single Put Notice (the "Put Amount") shall be equal to, at the Company's election, either: (aA) two hundred percent (200%) % of the average daily volume (U.S. market only) of the Common Stock for the ten (10) 20 Trading Days prior to the applicable Put Notice Date, multiplied by the average of the three (3) daily closing Best Bid bid prices immediately preceding the Put Date, or (bB) ten thousand $10,000; provided that in no event will the Put Amount be more than $1,000,000 with respect to any single Put. During the Open Period, the Company shall not be entitled to submit a Put Notice until after the previous Closing has been completed. The Purchase Price for the Common Stock identified in the Put Notice shall be equal to 9594% of the lowest closing Best Bid bid price of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (Telecommunication Products Inc)

DELIVERY OF PUT NOTICES. (i) Subject to the terms and conditions of the 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 Put Amount (designated in shares of Common Stock) which the Company intends to sell to the Investor on a Closing Date. The Put Notice shall be in the form attached hereto as Exhibit B and incorporated herein by reference. The amount that the Company shall be entitled to Put to the Investor in any single Put Notice (the "Put Amount") shall be equal to, at the Company's election, either: (a) two hundred percent (200%) % of the average daily volume (U.S. market only) of the Common Stock for the ten (10) 10 Trading Days prior to the applicable Put Notice Date, multiplied by the average of the three (3) daily closing Best Bid bid prices immediately preceding the Put Notice Date, or (b) ten thousand $10,000; provided that in no event will the Put Amount be more than $1,000,000 with respect to any single Put. During the Open Period, the Company shall not be entitled to submit a Put Notice until after the previous Closing has been completed. The Purchase Price for the Common Stock identified in the Put Notice shall be equal to 95% of the average of the three lowest closing Best Bid price bid prices of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (Symbollon Corp)

DELIVERY OF PUT NOTICES. (iI) Subject to the terms and conditions of the 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 Put Amount (designated in US dollars) which the Company intends to sell to the Investor on a Closing Date. The Put Notice shall be in the form attached hereto as Exhibit B F and incorporated herein by reference. The amount that the Company shall be entitled to Put to the Investor in any single Put Notice (the "Put Amount") shall be equal to, at the Company's election, either: (aA) two hundred percent (up to 200%) % of the average daily volume (U.S. market only) of the Common Stock for the ten (10) Trading Days prior to the applicable Put Notice Date, multiplied by the average of the three (3) daily closing Best Bid bid prices immediately preceding the Put Date, or (bB) ten thousand $10,00050,000; provided that in no event will the Put Amount be more than $1,000,000 with respect to any single Put. During the Open Period, the Company shall not be entitled to submit a Put Notice until after the previous Closing has been completed. The Purchase Price for the Common Stock identified in the Put Notice shall be equal to ninety-five percent (95% %) of the lowest closing Best Bid bid price of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (Energas Resources Inc)

DELIVERY OF PUT NOTICES. (iI) Subject to the terms and conditions of the 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 Put Amount which the Company intends to sell to the Investor on a Closing Date. The Put Notice shall be in the form attached hereto as Exhibit B and incorporated herein by reference. The amount that the Company shall be entitled to Put to the Investor in any single Put Notice (the "Put Amount") ---------- shall be equal to, at the Company's election, either: (aA) two hundred percent (200%) of the average daily volume (U.S. market only) of the Common Stock for the ten twenty (1020) Trading Days prior to the applicable Put Notice Date, multiplied by the average of the three (3) daily closing Best Bid prices immediately preceding the Put Date, or (bB) ten twenty five thousand ($10,00025,000); provided that in no event will the Put Amount be more than One Million Dollars ($1,000,000) with respect to any single Put. During the Open Period, the Company shall not be entitled to submit a Put Notice until after the previous Closing has been completed. The Purchase Price for the Common Stock identified in the Put Notice shall be equal to 9594% (ninety-four percent) of the lowest closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (Fonefriend Inc)

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