Common use of Excess Estimated Advance Shares Clause in Contracts

Excess Estimated Advance Shares. If the number of Estimated Advance Shares initially delivered to the Investor for an applicable Advance Notice pursuant to Section 2.1(c) is greater than the aggregate number of Shares sold by the Investor for such applicable Advance Notice, then the Investor shall deliver to the Company any excess Estimated Advance Shares associated with such requested Advance, unless the parties mutually agree for the Investor to retain such excess Estimated Advance Shares to apply to the next requested Advance. Any excess Estimated Advance Shares retained by the Investor pursuant to the immediately preceding sentence shall only be applied by Investor to the next requested Advance, if any, and shall not be sold by the Investor for any other purpose.

Appears in 6 contracts

Samples: Committed Equity Facility Agreement (Artec Global Media, Inc.), Committed Equity Facility Agreement (Growlife, Inc.), Loan Agreement (Puramed Bioscience Inc.)

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