DTC Chill. If the Common stock is chilled for deposit at DTC, becomes chilled, or receives a Stop Sign or other trading restrictions at any point while this Agreement remains outstanding, an additional 10% discount will be attributed to the price per Share at which each Fixed Purchase, VWAP Purchase and Additional VWAP Purchase is made and the Investor shall be entitled to deduct from such payment for the Shares an amount equal to $1,500 for each Fixed Purchase, VWAP Purchase and Additional VWAP Purchase to cover costs associated with the deposit of chilled or otherwise trade restricted stocks for each issuance.
DTC Chill. The DTC places a “chill” (i.e. a restriction placed by DTC on one or more of DTC’s services, such as limiting a DTC participant’s ability to make a deposit or withdrawal of the security at DTC) on any of the Borrower’s securities.
DTC Chill. Purchaser understands and acknowledges that (i) the Company’s Common Stock is currently subject to a “DTC Chill” imposed by the Depository Trust Company (the “DTC”), thereby preventing any additional deposits of the Company’s shares of Common Stock for depository and book-entry transfer services until such restriction has been lifted by DTC, (ii) while the Company is making all efforts to ensure that the “DTC Chill” is lifted, including having provided evidence to the DTC in support of the Company’s assertion that all of the deposits of the Company’s securities that are the subject of DTC’s request for support were eligible for depository and book entry transfer services as of the dates of such deposits, there is no assurance that the DTC will lift the restriction, and (iii) unless and until the restriction is lifted by the DTC, the shares of Common Stock underlying the Units and issuable upon the exercise of the Warrants will not be eligible for depository and book entry transfer services provided by DTC.
DTC Chill. The Company acknowledges that its shares of common stock are currently subject to a DTC chill. In the event that the shares of common stock remain subject to such OTC chill at any time on or after March 15, 2018, or ordinary trading in the Company’s common stock is subject to any other disruption at any time on or after March 15, 2018, Holder shall be entitled to withdraw all funds from the segregated account to be applied to the prepayment of the Debenture and/or Note. Such prepayment shall be subject to a prepayment premium of 15% of the principal amount being prepaid.
