LIMITATION ON PURCHASES. The following limitations shall apply to all purchases of shares of Common Stock in the Minority Stock Offering:
LIMITATION ON PURCHASES. The Seller may in its sole and absolute discretion place a limitation on the value of any purchase/s made / to be made by the Purchaser from time to time, and shall be entitled to withdraw, amend or vary such limitation at any time without prior notice.
LIMITATION ON PURCHASES. In the event the Company delivers a Purchase Notice or Additional Purchase Notice to Buyer for more than thirty percent (30%) of the average of the five (5) previous Business Days dollar volume of the Common Stock on the Trading Market on which the Common Stock is then listed or quoted as reported by Bloomberg L.P. based on a Trading Day from 9:30 AM (NYC time) to 4:02 PM (NYC time) for the nearest preceding Business Day (“Volume Limitation”), the Buyer, in its sole discretion, may either accept or reject the Purchase Notice or Additional Purchase Notice, in whole or in part. Furthermore, provided the Company can deliver the Purchase Shares or Additional Purchase Shares via DWAC, the Company shall be obligated to require Regular Purchases and/or Additional Purchases for an aggregate number of Purchase Shares and/or Additional Purchase Shares representing a dollar value of an aggregate amount of not less than $1,000,000 per month, subject to the Volume Limitation. Upon failure of the Company to comply with its obligation to sell to Buyer a number of Purchase Shares with an aggregate value of at least $1,000,000, the Company will pay to the Buyer as liquidated damages the sum of $50,000 for each thirty (30) day period such failure continues. If for any reason the Transfer Agent does not timely deliver the Shares via DWAC, Buyer, in its sole discretion, may then cancel the Purchase and the Company will be required to pay Buyer as liquidated damages, and not as a penalty the sum of $5,000. If the Buyer elects not to cancel the Purchase Notice and/or an Additional Purchase Notice, the Company will pay to the Buyer as liquidated damages the sum of $5,000 per day until the Transfer Agent delivers the Purchase Shares to Buyer. In the event the Principal Market is closed or there is no trading in the Common Stock or trading has been halted for any reason whatsoever, Buyer, in its sole discretion, may reject a part of or all of the Purchase Notice or Additional Purchase Notice.
LIMITATION ON PURCHASES. The parties acknowledge that purchases of Subscriber Devices by Gateway Operators will be made pursuant to written purchase agreements between Motorola and such Gateway Operators (such agreements, the "Purchase Agreements"). Motorola has the right, without receiving the consent of Iridium, to modify, amend, waive, extend or otherwise change the Purchase Agreements, and the Gateway Operators' obligations thereunder, except that Motorola agrees that it will not consent to modifications, deletions or additions to paragraph 5.2 of the Purchase Agreements. To the extent that Motorola has not filled firm orders placed by Gateway Operators for reasons under Motorola's control and the Gateway Operators and Motorola have been unable to work out a reasonable extension of time for delivery dates after good faith attempts to do so, (as described in Paragraph 5.3 of the Purchase Agreements with Gateway Operators), Iridium shall be entitled to reduce the number of Subscriber Devices specified in clauses (I)(x) and (II)(x) of Section 1 of this Agreement by the amount of any such production.
LIMITATION ON PURCHASES. The following limitations shall apply to all purchases and issuances of shares of Conversion Stock:
LIMITATION ON PURCHASES. (a) The Company shall not be obligated to purchase any Shares or any Rights at any time pursuant to Section 2.1(d), 4 or 5 hereof, regardless of whether it has delivered a notice of its election to purchase any such Shares or Rights, to the extent that the purchase of such Shares or Rights (together with any other purchases of Common Stock, Other Rights or other securities of the Company pursuant to Section 2.1(d), 4 or 5 hereof, or pursuant to the Other Purchasers’ Agreements, of which the Company has at such time been given or has given notice) would (i) conflict with or result in a violation of, any law, rule, regulation, policy, guideline, order, writ, injunction, decree or judgment promulgated or entered by any federal, state, local or foreign court or governmental authority applicable to the Company or any of its subsidiaries or any of its or their properties or assets or (ii) result in a default (or require the consent of any Third Party in order to avoid a default) under any material contract, deed, mortgage, trust, financing or credit agreement, arrangement or agreement of the Company or any of its subsidiaries (any of such results described in (i) or (ii) being sometimes hereinafter referred to as a “Violation”). The Company shall purchase such Shares or Rights as promptly as practicable upon determining that such purchase would not be a Violation.
LIMITATION ON PURCHASES. The parties acknowledge that purchases of Products by Gateway Operators and Service Providers will be made pursuant to written purchase agreements between Kyocera and such Gateway Operators and Service Providers (such agreements, the "Purchase Agreements"). To the extent that any Gateway Operator or Service Provider is entitled pursuant to any Purchase Agreement to reduce the number of Products it is obligated to take delivery of on or prior to December 31, 1998 thereunder for any reason, including but not limited to poor manufacture and delivery delay, and such Gateway Operator or Service Provider makes such reduction (a "Reduction"), Iridium shall be entitled to reduce the number of Products specified in clauses (I)(x) and (II)(x) of Section 1 of this Agreement by the amount of any such Reduction.
LIMITATION ON PURCHASES. 8 12. Payment for Common Stock.................................................................. 10
LIMITATION ON PURCHASES. The Buyer agrees that beginning on the date of this Agreement and ending on the time of filing of a Current Report on Form 8-K disclosing the terms of the Transaction Documents and the terms of the Initial Purchase (the “Form 8-K”), the Buyer and its agents, representatives and affiliates shall not in any manner whatsoever enter into or effect, directly or indirectly, any purchase or sale of any Common Stock or derivative securities of the Common Stock or take any action designed to cause or to result in the stabilization or manipulation of the price of any security of the Company. The Company covenants and agrees that it shall file the Form 8-K no later than prior to the commencement of trading on the Principal Market on January 11, 2018. The Company confirms that, following the filing of the Form 8-K, it shall have disclosed in the SEC Filings all information that it believes constitutes or might constitute material, non-public information that the Company or any other Person acting on its behalf has provided to any of the Buyers or its agents or counsel.
LIMITATION ON PURCHASES. (a) The Company shall not be obligated to purchase any Shares at any time pursuant to Section 2.1(b), 4 or 5 hereof, regardless of whether it has delivered a notice of its election to purchase any such Shares, to the extent that the purchase of such Shares (together with any other purchases of Common Stock, rights or other securities of the Company pursuant to Section 2.1(b), 4 or 5 hereof, or pursuant to the Other Purchasers’ Agreements, of which the Company has at such time been given or has given notice) would conflict with or result in a violation of, any law, rule, regulation, policy, guideline, order, writ, injunction, decree or judgment promulgated or entered by any federal, state, local or foreign court or governmental authority applicable to the Company or any of its subsidiaries or any of its or their properties or assets or result in a default (or require the consent of any Third Party in order to avoid a default) under any material contract, deed, mortgage, trust, financing or credit agreement, arrangement or agreement of the Company or any of its subsidiaries (any of such results described in (i) or (ii) being sometimes hereinafter referred to as a “Violation”). The Company shall purchase such Shares as promptly as practicable upon determining that such purchase would not be a Violation.
