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Equity Conditions Sample Clauses

Equity Conditions. During the Draw Down Pricing Period through the Settlement Date, all of the Equity Conditions shall have been met.
Equity ConditionsThe term
Equity Conditions. Notwithstanding anything contained herein to the contrary, the Equity Conditions must be satisfied on the Mandatory Conversion Notice Date and on each and every Trading Day during the period from (and including) the Mandatory Conversion Notice Date until (and including) the Mandatory Conversion Date. If the Equity Conditions cease to be satisfied at any time during such period, the Mandatory Conversion shall, at the option of the Holder, be deemed void ab initio, withdrawn and of no force and effect. If this Note is converted pursuant to Section 4(a)(ii), then, subject to and so long as the requirements under Section 4(b)(ii) have been complied with, all Conversion Shares shall be issued without the legend set forth under Section 4.2(b) of the Purchase Agreement.
Equity ConditionsBorrower and Lender agree that Borrower shall be permitted to make the first Amortization Payment on the May Note in shares of Common Stock whether or not Borrower satisfies the requirements of clause (c) of the definition of “Equity Conditions”.
Equity ConditionsThe Holder may elect at its option to receive the Amortization Payments in Common Stock as provided in the next sentence. Except as set forth herein the Holder may only elect to receive payments in the form of Common Stock if the following conditions (the “Equity Conditions”) are met, unless the Holder waives such Equity Conditions: (A) There shall be no Event of Default. (B) On each Payment Date, the average daily volume of the Common Stock for the previous twenty (20) trading days must be greater than $30,000 (calculated by multiplying the reported volume for each such day on the principal Trading Market times the closing price on each such day). (C) The Company’s Common Stock must be DWAC eligible and not subject to any “chill” or other restriction issued or imposed by the Depository Trust Company. (D) The Company must be current on all its SEC filings, including pursuant to any extension requests. (E) The shares will be delivered via an “automatic conversion” of principal and/or interest. (F) Shares of Common Stock delivered in payment of amortization will be valued at the lower of the conversion price or 60% of the lowest closing price of the Common Stock as reported on the Trading Market for the twenty prior trading days prior to the applicable amortization payment.
Equity Conditions. (a) Notwithstanding the foregoing, the Company may only exercise its redemption right pursuant to Section 16.01(a) if, as evidenced by an Officer’s Certificate and an Opinion of Counsel, all of the conditions listed below (the “Equity Conditions”) are satisfied on each day during the period (x) commencing on the date a Redemption Notice is mailed to Holders and (y) ending on the Redemption Date (the “Equity Conditions Measuring Period”). The Equity Conditions are as follows: (i) either (1) all shares of Common Stock issuable upon conversion of the Notes and held by a non-Affiliate of the Company shall be eligible for sale without the need for registration under any applicable federal or state securities laws or (2) a shelf registration statement registering the resale of the shares of Common Stock issuable upon exchange of the Notes has been filed by the Issuer and been declared effective by the SEC or is automatically effective and is available for use, and the Company expects such shelf registration statement to remain effective and available for use from the Redemption Date until thirty (30) days following the Redemption Date; (ii) the Common Stock (or other security into which the Notes are convertible pursuant to Section 14.07) to be delivered on such conversion is listed or traded on The New York Stock Exchange, The NASDAQ Global Select Market, The NASDAQ Global Market, The NASDAQ Capital Market, or any of their respective successors (each, an “Eligible Market”) and shall not then be suspended from trading on such Eligible Market; (iii) prior to the date of mailing of a Redemption Notice, to the extent any Notes have been delivered to the Company for exchange in accordance with the terms of the Notes, the Company shall have delivered and paid the number of shares of Common Stock and the amount of cash due upon conversion of the Notes to the Holders in accordance with Section 14.02; (iv) shares of Common Stock to be issued upon conversion may be issued in full without violating the rules or regulations of The New York Stock Exchange or any other applicable Eligible Market on which the Common Stock delivered upon conversion is then listed or trading; and (v) no Event of Default shall have occurred and be continuing. (b) In the event that the Equity Conditions are required to be, but are not, satisfied as of any date during the Equity Conditions Measuring Period (an “Equity Condition Failure”), the Company shall provide a notice to the Trustee and each ...
Equity Conditions. Notwithstanding the terms and conditions of the Note and Amendment #1, Lxxxxx agrees that from the date hereof until December 31, 2023, Borrower may pay any Redemption Amount via a Redemption Conversion, even if an Equity Conditions Failure exists.
Equity Conditions. During the time period from the date of delivery of the Draw Down Notice through the Settlement Date, all of the Equity Conditions shall have been met.
Equity Conditions. The Company may elect at its option to pay the Amortization Payments in cash if an Amoritization Payment would trigger any anti-dilution protection of the Company. Except as set forth herein the Holder may only elect to receive payments in the form of Common Stock if the following conditions (the “Equity Conditions”) are met, unless the Holder waives such Equity Conditions: (A) There shall have occurred no Event of Default, regardless of whether such Event of Default has been cured or remains ongoing. (B) On each Payment Date, the average daily volume of the Common Stock for the previous twenty (20) trading days must be greater than $50,000 (calculated by multiplying the reported volume for each such day on the principal Trading Market times the closing price on each such day). (C) The Company’s Common Stock must be DWAC eligible and not subject to any “chill” or other restriction issued or imposed by the Depository Trust Company. (D) The Company must be current on all its SEC filings, including pursuant to any extension requests.
Equity ConditionsThe Holder may elect at its option to receive the Amortization Payments in Common Stock as provided in the next sentence. Except as set forth herein the Holder may only elect to receive payments in the form of Common Stock if the following conditions (the “Equity Conditions”) are met, unless the Holder waives such Equity Conditions: (A) There shall be no Event of Default. (B) On each Payment Date, the average daily volume of the Common Stock for the previous twenty (20) trading days must be greater than $50,000 (calculated by multiplying the reported volume for each such day on the principal Trading Market times the closing price on each such day). (C) The Company’s Common Stock must be DWAC eligible and not subject to any “chill” or other restriction issued or imposed by the Depository Trust Company. (D) The Company must be current on all its SEC filings, including pursuant to any extension requests.