INVESTMENT PERIOD LIMITS Sample Clauses

INVESTMENT PERIOD LIMITS. Notwithstanding the obligations and rights of the Investor to purchase shares of Common Stock pursuant to Section 2.1 (b), (c) and (d), the aggregate Investment Amount for any Investment Period (whether pursuant to a Minimum Obligation, an Additional Purchase Notice or an Investor Call Purchase Notice or any combination thereof) shall not at the option of the Investor exceed the lesser of (x) the Minimum Obligation plus the amount set forth in any Additional Purchase Notice and Investor Call Purchase Notice with respect to such Investment Period, if any, or (y) an amount equal to the product of (I) 8% of the average daily Value of Open Market Trading of the Common Stock on the Principal Market for each Trading Day during the Investment Period immediately preceding such Investment Period times (II) the number of Trading Days in such immediately preceding Investment Period (rounded up to the next increment of $10,000), or (z) an amount equal to the product of (I) 8% of the average daily Value of Open Market Trading of the Common Stock on the Principal Market for each Trading Day during such Investment Period times (II) the number of Trading Days in which the Stock Price is above the Floor Price in such Investment Period (rounded up to the next increment of $10,000) (the lower of the amounts referred to in clause (y) and (z), the "8% Limit"); provided, however, that the Investor may waive, in whole or in part, the 8% Limit in any Investment Period.
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INVESTMENT PERIOD LIMITS. Notwithstanding the obligation of the Investor to purchase shares of Common Stock pursuant to Section 2.1(a), the sum of the Investment Amounts for any Investment Period (whether pursuant to a Company Put Amount or Investor Call Amount(s) or both) shall not exceed the lesser of (x) the Company Put Amount plus the sum of all Investor Call Amounts, if any, (y) an amount equal to the product of (I) 8% of the average daily Value of Open Market Trading of the Common Stock on the Principal Market for each Trading Day during the Investment Period immediately preceding such Investment Period times (II) the sum of (A) the number of Trading Days in which the Stock Price is above the Floor Price, and (B) the number of Trading Days that are designated by the Investor as Included Days pursuant to Section 2.4(b), in each of cases (A) and (B), in such immediately preceding Investment Period, (III) rounded up to the next increment of $10,000, and (z) an amount equal to the product of (I) 8% of the average daily Value of Open Market Trading of the Common Stock on the Principal Market for each Trading Day during such Investment Period times (II) the sum of (A) the number of Trading Days in which the Stock Price is above the Floor Price, and (B) the number of Trading Days that are designated by the Investor as Included Days pursuant to Section 2.4(b), in each of cases (A) and (B), in such Investment Period, (III) rounded up to the next increment of $10,000 (the lower of the amounts referred to in clauses (y) and (z), the "Volume Limit"); provided, however, that the Investor may waive, in whole or in part, the Volume Limit in any Investment Period.
Sample 1Sample 2
INVESTMENT PERIOD LIMITS. Notwithstanding the obligation of the Investor to purchase shares of Common Stock pursuant to Section 2.1(a) and (b), the aggregate Investment Amount for any Investment Period (whether pursuant to a Minimum Obligation or an Additional Purchase Notice or any combination thereof) shall not exceed the lesser of (x) the Minimum Obligation plus the amount set forth in the Additional Purchase Notice, if any, or (y) an amount equal to the product of (I) the Applicable Percentage of the average daily Value of Open Market Trading of the Common Stock on the Principal Market for each Trading Day during the Investment Period immediately preceding such Investment Period times (II) the number of Trading Days in which the Stock Price is above the Floor Price in such immediately preceding Investment Period (rounded up to the next increment of $10,000), or (z) an amount equal to the product of (I) the Applicable Percentage of the average daily Value of Open Market Trading of the Common Stock on the Principal Market for each Trading Day during such Investment Period times (II) the number of Trading Days in which the Stock Price is above the Floor Price in such Investment Period (rounded up to the next increment of $10,000) (the lower of the amounts referred to in clause (y) and (z), the "Volume Limit"); provided, however, that the Investor may waive, in whole or in part, the Volume Limit in any Investment Period.
Sample 1

Related to INVESTMENT PERIOD LIMITS

  • Lockup Period Limitation Participant agrees that in the event the Company advises Participant that it plans an underwritten public offering of its Common Stock in compliance with the Securities Act of 1933, as amended, and that the underwriter(s) seek to impose restrictions under which certain shareholders may not sell or contract to sell or grant any option to buy or otherwise dispose of part or all of their stock purchase rights of the underlying Common Stock, Participant hereby agrees that for a period not to exceed 180 days from the prospectus, Participant will not sell or contract to sell or grant an option to buy or otherwise dispose of this option or any of the underlying shares of Common Stock without the prior written consent of the underwriter(s) or its representative(s).

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  • Minimum Amount of Each Borrowing; Maximum Number of Borrowings The aggregate principal amount of each Borrowing of Loans shall be in a multiple of $100,000 and shall not be less than the Minimum Borrowing Amount. More than one Borrowing may occur on any date; provided that at no time shall there be outstanding more than four (4) Borrowings of LIBOR Loans under this Agreement.

  • Negotiated Funding Amount, Board Contributions 4.1.1 Each Board shall pay an amount equal to 1/12th of the annual negotiated funding amount as described in 4.1.3 to the Trustees of the OECTA ELHT by the last day of each month from and after the Board’s Participation Date.

  • Dollar Limits Per Service Agreement Cost to diagnose, repair and/or replace - Per covered appliance $3,000

  • Minimum Amounts; Limitation on Number of Borrowings At the commencement of each Interest Period for any Eurodollar Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $1,000,000. At the time that each ABR Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $1,000,000; provided that an ABR Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.08(e). Borrowings of more than one Type may be outstanding at the same time, provided that there shall not at any time be more than a total of 8 Eurodollar Borrowings outstanding. Notwithstanding any other provision of this Agreement, the Borrower shall not be entitled to request, or to elect to convert or continue, any Borrowing if the Interest Period requested with respect thereto would end after the Maturity Date.

  • Minimum Current Ratio The Borrower will not, as of the last day of any Fiscal Quarter (commencing with the Fiscal Quarter ending June 30, 2018), permit the Current Ratio to be less than 1.00 to 1.00.

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