Common use of Limitation of Fixed Requests Clause in Contracts

Limitation of Fixed Requests. The Company shall not make more than one Fixed Request in each Pricing Period. Not less than five Trading Days shall elapse between the end of one Pricing Period and the commencement of any other Pricing Period during the Investment Period. There shall be permitted a maximum of 24 Fixed Requests during the Investment Period. Each Fixed Request automatically shall expire immediately following the last Trading Day of each Pricing Period.

Appears in 40 contracts

Samples: Common Stock Purchase Agreement (Amyris, Inc.), Common Stock Purchase Agreement (Delcath Systems Inc), Common Stock Purchase Agreement (EnteroMedics Inc)

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Limitation of Fixed Requests. The Company shall not make more than one Fixed Request in each Pricing Period. Not less than five three (3) Trading Days shall elapse between the end of one Pricing Period and the commencement of any other Pricing Period during the Investment Period. There shall be permitted a maximum of 24 Fixed Requests during the Investment Period. Each Fixed Request automatically shall expire immediately following the last Trading Day of each Pricing Period.

Appears in 3 contracts

Samples: Common Stock Purchase Agreement (Solexa, Inc.), Common Stock Purchase Agreement (Onyx Pharmaceuticals Inc), Common Stock Purchase Agreement (Depomed Inc)

Limitation of Fixed Requests. The Company shall not make more than one Fixed Request in each Pricing Period. Not less than five Trading Days shall elapse between the end of one Pricing Period and the commencement of any other Pricing Period during the Investment Period. There shall be permitted a maximum of 24 Fixed Requests during the Investment Period. Each Fixed Request automatically shall expire immediately following the last Trading Day of each Pricing Period.

Appears in 3 contracts

Samples: Common Stock Purchase Agreement (DryShips Inc.), Common Stock Purchase Agreement (DryShips Inc.), Common Stock Purchase Agreement (DryShips Inc.)

Limitation of Fixed Requests. The Company shall not make more than one Fixed Request in each Pricing Period. Not less than five Trading Days shall elapse between the end of one Pricing Period and the commencement of any other Pricing Period during the Investment Period. There shall be permitted a maximum of 24 36 Fixed Requests during the Investment Period. Each Fixed Request automatically shall expire immediately following the last Trading Day of each Pricing Period.

Appears in 2 contracts

Samples: Common Stock Purchase Agreement (MAP Pharmaceuticals, Inc.), Common Stock Purchase Agreement (Affymax Inc)

Limitation of Fixed Requests. The Company shall not make more than one Fixed Request in each Pricing Period. Not less than five Trading Days shall elapse between the end of one Pricing Period and the commencement of any other Pricing Period during the Investment PeriodPeriod unless otherwise mutually agreed upon between the Investor and the Company. There shall be permitted a maximum of 24 Fixed Requests during the Investment Period. Each Fixed Request automatically shall expire immediately following the last Trading Day of each Pricing Period.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Nanogen Inc)

Limitation of Fixed Requests. The Company shall not make more than one Fixed Request in each Pricing Period. Not less than five (5) Trading Days shall elapse between the end of one Pricing Period and the commencement of any other Pricing Period during the Investment Period. There shall be permitted a maximum of 24 twenty-four (24) Fixed Requests during the Investment Period. Each Fixed Request automatically shall expire immediately following the last Trading Day of each Pricing Period.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Sulphco Inc)

Limitation of Fixed Requests. The Company shall not make more than one Fixed Request in each Pricing Period. Not less than five Trading Days shall elapse between the end of one Pricing Period and the commencement of any other Pricing Period during the Investment Period. There shall be permitted a maximum of 24 16 Fixed Requests during the Investment Period. Each Fixed Request automatically shall expire immediately following the last Trading Day of each Pricing Period.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Isis Pharmaceuticals Inc)

Limitation of Fixed Requests. The Company shall not make more than one Fixed Request in each Pricing Period. Not Unless otherwise mutually agreed upon by the Company and the Investor, not less than five Trading Days shall elapse between the end of one Pricing Period and the commencement of any other Pricing Period during the Investment Period. There shall be permitted a maximum of 24 Fixed Requests during the Investment Period. Each Fixed Request automatically shall expire immediately following the last Trading Day of each Pricing Period.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Encysive Pharmaceuticals Inc)

Limitation of Fixed Requests. The Company shall not make more than one Fixed Request in each Pricing Period. Not less than five Trading Days shall elapse between the end of one Pricing Period and the commencement of any other Pricing Period during the Investment Period. There Subject to Section 1.1, there shall be permitted a maximum of 24 Fixed Requests during the Investment Period. Each Fixed Request automatically shall expire immediately following the last Trading Day of each Pricing Period.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Globalstar, Inc.)

Limitation of Fixed Requests. The Company shall not make more than one Fixed Request in each Pricing Period. Not less than five (5) Trading Days shall elapse between the end of one Pricing Period and the commencement of any other Pricing Period during the Investment Period. There shall be permitted a maximum of 24 Fixed Requests during the Investment Period. Each Fixed Request automatically shall expire immediately following the last Trading Day of each Pricing Period.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Bio Key International Inc)

Limitation of Fixed Requests. The Notwithstanding anything in this Agreement to the contrary, (i) the Company shall not make more than one Fixed Request in each Pricing Period. Not Period and (ii) not less than five Trading Days shall elapse between the end of one Pricing Period and the commencement of any other Pricing Period during the Investment Period. There shall be permitted a maximum of 24 36 Fixed Requests during the Investment Period. Each Fixed Request automatically shall expire immediately following the last Trading Day of each Pricing Period.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Globalstar, Inc.)

Limitation of Fixed Requests. The Company shall not make more than one Fixed Request in each Pricing Period. Not Unless otherwise mutually agreed by the Company and the Investor, not less than five Trading Days shall elapse between the end of one Pricing Period and the commencement of any other Pricing Period during the Investment Period. There shall be permitted a maximum of 24 Fixed Requests during the Investment Period. Each Fixed Request automatically shall expire immediately following the last Trading Day of each Pricing Period.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Synta Pharmaceuticals Corp)

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Limitation of Fixed Requests. The Company shall not make more than one Fixed Request in each Pricing Period. Not less than five two (2) Trading Days shall elapse between the end of one Pricing Period and the commencement of any other Pricing Period during the Investment Period. There shall be permitted a maximum of 24 Fixed Requests during the Investment Period. Each Fixed Request automatically shall expire immediately following the last Trading Day of each Pricing Period.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Humanigen, Inc)

Limitation of Fixed Requests. The Company shall not make more than one Fixed Request in each Pricing Period. Not less than five Trading Days shall elapse between the end of one Pricing Period and the commencement of any other Pricing Period during the Investment Period. There shall be permitted a maximum of 24 18 Fixed Requests during the Investment Period. Each Fixed Request automatically shall expire immediately following the last Trading Day of each Pricing Period.

Appears in 1 contract

Samples: Common Share Purchase Agreement (Xoma LTD /De/)

Limitation of Fixed Requests. The Company shall not make more than one Fixed Request in each Pricing Period. Not less than five three Trading Days shall elapse between the end of one Pricing Period and the commencement of any other Pricing Period during the Investment Period. There shall be permitted a maximum of 24 Fixed Requests during the Investment Period. Each Fixed Request automatically shall expire immediately following the last Trading Day of each Pricing Period.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Dynavax Technologies Corp)

Limitation of Fixed Requests. The Company shall not make more than one Fixed Request in each Pricing Period. Not Unless otherwise mutually agreed upon by the Company and the Investor, not less than five three Trading Days shall elapse between the end of one Pricing Period and the commencement of any other Pricing Period during the Investment Period. There shall be permitted a maximum of 24 Fixed Requests during the Investment Period. Each Fixed Request automatically shall expire immediately following the last Trading Day of each Pricing Period.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Ariad Pharmaceuticals Inc)

Limitation of Fixed Requests. The Company shall not make more than one Fixed Request in each Pricing Period. Not Unless otherwise mutually agreed upon by the Investor and the Company, not less than five Trading Days shall elapse between the end of one Pricing Period and the commencement of any other Pricing Period during the Investment Period. There shall be permitted a maximum of 24 Fixed Requests during the Investment Period. Each Fixed Request automatically shall expire immediately following the last Trading Day of each Pricing Period.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Microvision Inc)

Limitation of Fixed Requests. The Company shall not make more than one Fixed Request in each Pricing Period. Not less than five Trading Days shall elapse between the end of one Pricing Period and the commencement of any other Pricing Period during the Investment Period. There shall be permitted a maximum of 24 40 Fixed Requests during the Investment Period. Each Fixed Request automatically shall expire immediately following the last Trading Day of each Pricing Period.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Cv Therapeutics Inc)

Limitation of Fixed Requests. The Company shall not make more than one Fixed Request in each Pricing Period. Not less than five Trading Days shall elapse between the end of one Pricing Period and the commencement of any other Pricing Period during the Investment Period. There shall be permitted a maximum of 24 30 Fixed Requests during the Investment Period. Each Fixed Request automatically shall expire immediately following the last Trading Day of each Pricing Period.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Titan Pharmaceuticals Inc)

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