Common use of Minimum Acceptable Price Clause in Contracts

Minimum Acceptable Price. (i) With respect to each Advance Notice selecting an Option 2 Pricing Period, the Company may notify the Investor of the MAP with respect to such Advance by indicating a MAP on such Advance Notice. If no MAP is specified in an Advance Notice, then no MAP shall be in effect in connection with such Advance. Each Trading Day during an Option 2 Pricing Period for which (A) with respect to each Advance Notice with a MAP, the VWAP of the Common Shares is below the MAP in effect with respect to such Advance Notice or (B) there is no VWAP (each such day, an “Excluded Day”), shall result in an automatic reduction to the number of Advance Shares set forth in such Advance Notice by one third (1/3) (the resulting amount of each Advance being the “Adjusted Advance Amount”), and each Excluded Day shall be excluded from the Option 2 Pricing Period for purposes of determining the Market Price.

Appears in 3 contracts

Samples: Standby Equity Purchase Agreement (Envirotech Vehicles, Inc.), Equity Purchase Agreement (Applied Digital Corp.), Equity Purchase Agreement (Brand Engagement Network Inc.)

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Minimum Acceptable Price. (i) With respect to each Advance Notice selecting an Option 2 Pricing Period, the Company may notify the Investor of the MAP with respect to such Advance by indicating a MAP on such Advance Notice. If no MAP is specified in an Advance Notice, then no MAP shall be in effect in connection with such Advance. Each Trading Day during an Option 2 Pricing Period for which (A) with respect to each Advance Notice with a MAP, the VWAP of the Common Shares is below the MAP in effect with respect to such Advance Notice Notice, or (B) there is no VWAP (each such day, an “Excluded Day”), shall result in an automatic reduction to the number of Advance Shares set forth in such Advance Notice by one one-third (1/3) (the resulting amount of each Advance being the “Adjusted Advance Amount”), and each Excluded Day shall be excluded from the Option 2 Pricing Period for purposes of determining the Market Price.

Appears in 3 contracts

Samples: Standby Equity Purchase Agreement (TriSalus Life Sciences, Inc.), Equity Purchase Agreement (Pono Capital Corp), Equity Purchase Agreement (10X Capital Venture Acquisition Corp. III)

Minimum Acceptable Price. (i) With respect to each Advance Notice selecting an Option 2 Pricing PeriodNotice, the Company may shall notify the Investor of the MAP with respect to such Advance by indicating a an MAP on such each Advance Notice. If no MAP is specified in an Advance Notice, then no MAP shall be in effect in connection with such Advance. Each For each Advance: (A) the amount of the Advance set forth in such Advance Notice shall automatically be reduced by 20% for each Trading Day during an Option 2 the Pricing Period for which (A) with respect to each Advance Notice with a MAP, the VWAP of the Common Shares Stock is below the MAP in effect with respect to such Advance Notice (if applicable), or (B) for which there is no VWAP (each such day, an “Excluded Day”), shall result in an automatic reduction to and (B) for the number avoidance of Advance Shares set forth in such Advance Notice by one third (1/3) (the resulting amount of each Advance being the “Adjusted Advance Amount”)doubt, and each Excluded Day shall be excluded from the Option 2 Pricing Period for purposes of determining the Market Price.

Appears in 3 contracts

Samples: Equity Distribution Agreement, Equity Distribution Agreement (Cannabics Pharmaceuticals Inc.), Equity Distribution Agreement (Micronet Enertec Technologies, Inc.)

Minimum Acceptable Price. (i) With respect to each Advance Notice selecting an Option 2 Pricing Period, the Company may notify the Investor of the MAP with respect to such Advance by indicating a MAP on such Advance Notice. If no MAP is specified in an Advance Notice, then no MAP shall be in effect in connection with such Advance. Each Trading Day during an Option 2 Pricing Period for which (A) with respect to each Advance Notice with a MAP, the VWAP of the Common Ordinary Shares is below the MAP in effect with respect to such Advance Notice Notice, or (B) there is no VWAP (each such day, an “Excluded Day”), shall result in an automatic reduction to the number of Advance Shares set forth in such Advance Notice by one one-third (1/3) (the resulting amount of each Advance being the “Adjusted Advance Amount”), and each Excluded Day shall be excluded from the Option 2 Pricing Period for purposes of determining the Market Price.

Appears in 3 contracts

Samples: Equity Purchase Agreement (Energem Corp), Equity Purchase Agreement (Energem Corp), Equity Purchase Agreement (IG Acquisition Corp.)

Minimum Acceptable Price. (i) With respect to each Advance Notice selecting an Option 2 Pricing Period, the Company may notify the Investor of the MAP with respect to such Advance by indicating a MAP on such Advance Notice. If no MAP is specified in an Advance Notice, then no MAP shall be in effect in connection with such Advance. Each Trading Day during an Option 2 Pricing Period for which (A) with respect to each Advance Notice with a MAP, the VWAP of the Common Shares is below the MAP in effect with respect to such Advance Notice Notice, or (B) there is no VWAP (each such day, an “Excluded Day”), ) shall result in an automatic reduction to the number of Advance Shares set forth in such Advance Notice by one one-third (1/3) (the resulting amount of each Advance being the “Adjusted Advance Amount”), and each Excluded Day shall be excluded from the Option 2 Pricing Period for purposes of determining the Market Price.

Appears in 2 contracts

Samples: Pledge Agreement (AGBA Group Holding Ltd.), Equity Purchase Agreement (AGBA Group Holding Ltd.)

Minimum Acceptable Price. (ia) With respect to each Advance Notice selecting an Option 2 Pricing Period, the Company may notify the Investor of the MAP Minimum Acceptable Price with respect to such Advance by indicating a MAP Minimum Acceptable Price on such Advance Notice. If no MAP Minimum Acceptable Price is specified in an Advance Notice, then no MAP Minimum Acceptable Price shall be in effect in connection with such Advance. Each Trading Day during an Option 2 a Pricing Period for which (A) with respect to each Advance Notice with a MAPMinimum Acceptable Price, the VWAP of the Common Shares is below the MAP Minimum Acceptable Price in effect with respect to such Advance Notice Notice, or (B) there is no VWAP (each such day, an “Excluded Day”), shall result in an automatic reduction to the number of Advance Shares set forth in such Advance Notice by one third (1/3) 33% (the resulting amount of each Advance being the “Adjusted Advance Amount”), and each Excluded Day shall be excluded from the Option 2 Pricing Period for purposes of determining the Market Price.

Appears in 1 contract

Samples: Equity Purchase Agreement (Celularity Inc)

Minimum Acceptable Price. (i) With respect to each Advance Notice selecting an Option 2 Pricing PeriodNotice, the Company may notify the Investor of the MAP with respect to such Advance by indicating a MAP on such Advance Notice. If no MAP is specified in an Advance Notice, then no MAP shall be in effect in connection with such Advance. Each With respect to each Advance Notice each Trading Day during an Option 2 a Pricing Period for which (A) with respect to each Advance Notice with a MAP, the VWAP of the Common Ordinary Shares (represented by ADSs) is below the MAP Minimum Acceptable Price in effect with respect to such Advance Notice Notice, or (B) there is no VWAP (each such day, an “Excluded Day”), shall result in an automatic reduction to the number amount of the Advance Shares set forth in such Advance Notice by one third (1/3) 20% (the resulting amount of each Advance being the “Adjusted Advance Amount”), and each Excluded Day shall be excluded from the Option 2 Pricing Period for purposes of determining the Market Price.

Appears in 1 contract

Samples: Equity Distribution Agreement (CooTek(Cayman)Inc.)

Minimum Acceptable Price. (i) With respect to each Advance Notice selecting an Option 2 Pricing PeriodNotice, the Company may notify the Investor of the MAP Minimum Acceptable Price with respect to such Advance by indicating a MAP Minimum Acceptable Price on such Advance Notice. If no MAP Minimum Acceptable Price is specified in an Advance Notice, then no MAP Minimum Acceptable Price shall be in effect in connection with such Advance. Each Trading Day during an Option 2 a Pricing Period for which (A) with respect to each Advance Notice with a MAPMinimum Acceptable Price, the VWAP of the Common Shares is below the MAP Minimum Acceptable Price in effect with respect to such Advance Notice Notice, or (B) there is no VWAP (each such day, an “Excluded Day”), shall result in an automatic reduction to the number amount of the Advance Shares set forth in such Advance Notice by one third (1/3) 35% (the resulting amount of each Advance being the “Adjusted Advance Amount”), and each Excluded Day shall be excluded from the Option 2 Pricing Period for purposes of determining the Market PriceMarket.

Appears in 1 contract

Samples: Structured Equity Financing Agreement (Society Pass Incorporated.)

Minimum Acceptable Price. (i) With respect to each Advance Notice selecting an Option 2 Pricing PeriodNotice, the Company may notify the Investor of the MAP Minimum Acceptable Price with respect to such Advance by indicating a MAP Minimum Acceptable Price on such Advance Notice. If no MAP Minimum Acceptable Price is specified in an Advance Notice, then no MAP Minimum Acceptable Price shall be in effect in connection with such Advance. Each Trading Day during an Option 2 a Pricing Period for which (A) with respect to each Advance Notice with a MAPMinimum Acceptable Price, the VWAP of the Common Shares is below the MAP Minimum Acceptable Price in effect with respect to such Advance Notice Notice, or (B) there is no VWAP (each such day, an “Excluded Day”), shall result in an automatic reduction to the number amount of the Advance Shares set forth in such Advance Notice by one third (1/3) 33.33% (the resulting amount of each Advance being the “Adjusted Advance Amount”), and each Excluded Day shall be excluded from the Option 2 Pricing Period for purposes of determining the Market PriceMarket.

Appears in 1 contract

Samples: Equity Purchase Agreement (Powerbridge Technologies Co., Ltd.)

Minimum Acceptable Price. (i) With respect to each Advance Notice selecting an Option 2 Pricing PeriodNotice, the Company may notify the Investor of the MAP Minimum Acceptable Price (“MAP”) with respect to such Advance by indicating a MAP on such Advance Notice. If no MAP is specified in an Advance Notice, then no MAP shall be in effect in connection with such Advance. Each Trading Day during an Option 2 a Pricing Period for which (A) with respect to each Advance Notice with a MAP, the VWAP of the Common Shares is below the MAP in effect with respect to such Advance Notice Notice, or (B) there is no VWAP (each such day, an “Excluded Day”), shall result in an automatic reduction to the number of Advance Shares set forth in such Advance Notice by one third (1/3) (the resulting amount of each Advance being the “Adjusted Advance Amount”), and each Excluded Day shall be excluded from the Option 2 Pricing Period for purposes of determining the Market Price.

Appears in 1 contract

Samples: Equity Purchase Agreement (Calidi Biotherapeutics, Inc.)

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Minimum Acceptable Price. (i) With respect to each Advance Notice selecting an Option 2 Pricing Period, the Company may notify the Investor of the MAP with respect to such Advance by indicating a MAP on such Advance Notice. If no MAP is specified in an Advance Notice, then no MAP shall be in effect in connection with such Advance. Each Trading Day during an Option 2 a Pricing Period for which (A) with respect to each Advance Notice with a MAP, the VWAP of the Common Shares is below the MAP in effect with respect to such Advance Notice Notice, or (B) there is no VWAP (each such day, an “Excluded Day”), shall result in an automatic reduction to the number amount of the Advance Shares set forth in such Advance Notice by one third (1/3) (the resulting amount of each Advance being the “Adjusted Advance Amount”), and each Excluded Day shall be excluded from the Option 2 Pricing Period for purposes of determining the Market Price.

Appears in 1 contract

Samples: Equity Purchase Agreement (Lakeshore Acquisition II Corp.)

Minimum Acceptable Price. (i) With respect to each Advance Notice selecting an Option 2 Pricing Period, the Company may notify the Investor of the MAP with respect to such Advance by indicating a MAP on such Advance Notice. If no MAP is specified in an Advance Notice, then no MAP shall be in effect in connection with such Advance. Each Trading Day during an Option 2 Pricing Period for which (A) with respect to each Advance Notice with a MAP, the VWAP of the Common Shares is below the MAP in effect with respect to such Advance Notice Notice, or (B) there is no VWAP (each such day, an “Excluded Day”), shall result in an automatic reduction to the number of Advance Shares set forth in such Advance Notice by one one-third (1/3) (the resulting amount number of each Advance Shares being the “Adjusted Advance Amount”), and each Excluded Day shall be excluded from the Option 2 Pricing Period for purposes of determining the Market Price.

Appears in 1 contract

Samples: Equity Purchase Agreement (Niocorp Developments LTD)

Minimum Acceptable Price. (i) With respect to each Advance Notice selecting an Option 2 Pricing Period, the Company may notify the Investor of the MAP with respect to such Advance by indicating a MAP on such Advance Notice. If no MAP is specified in an Advance Notice, then no MAP shall be in effect in connection with such Advance. Each Trading Day during an Option 2 a Pricing Period for which (A) with respect to each Advance Notice with a MAP, the VWAP of the Common Shares is below the MAP in effect with respect to such Advance Notice Notice, or (B) there is no VWAP (each such day, an “Excluded Day”), shall result in an automatic reduction to the number of Advance Shares set forth in such Advance Notice by one third (1/3) (the resulting amount of each Advance being the “Adjusted Advance Amount”), and each Excluded Day shall be excluded from the Option 2 Pricing Period for purposes of determining the Market Price.

Appears in 1 contract

Samples: Equity Purchase Agreement (Beneficient)

Minimum Acceptable Price. (i) With respect to each Advance Notice selecting an Option 2 Pricing PeriodPeriod only, the Company may notify the Investor of the MAP with respect to such Advance by indicating a MAP on such Advance Notice. If no MAP is specified in an Advance Notice, then no MAP shall be in effect in connection with such Advance. Each Trading Day during an Option 2 Pricing Period for which (A) with respect to each Advance Notice with a MAP, the VWAP of the Common Shares is below the MAP in effect with respect to such Advance Notice Notice, or (B) there is no VWAP (each such day, an “Excluded Day”), shall result in an automatic reduction to the number of Advance Shares set forth in such Advance Notice by one one-third (1/3) (the resulting amount of each Advance being the “Adjusted Advance Amount”), and each Excluded Day shall be excluded from the Option 2 Pricing Period for purposes of determining the Market Price.

Appears in 1 contract

Samples: Equity Purchase Agreement (Reborn Coffee, Inc.)

Minimum Acceptable Price. (i) With respect to each Advance Notice selecting an Option 2 Pricing PeriodNotice, the Company may notify the Investor of the MAP with respect to such Advance Advance, other than with respect to the Initial Advance, by indicating a MAP on such Advance Notice. If no MAP is specified in an Advance Notice, then no MAP shall be in effect in connection with such Advance. Each Trading Day during an Option 2 Pricing Period for which (A) with With respect to each Advance Notice with a MAP, each Trading Day during a Pricing Period for which (A) the VWAP of the Common Shares is below the MAP Minimum Acceptable Price in effect with respect to such Advance Notice Notice, or (B) there is no VWAP (each such day, an “Excluded Day”), shall result in an automatic reduction to the number amount of the Advance Shares set forth in such Advance Notice by one third (1/3) 20% (the resulting amount of each Advance being the “Adjusted Advance AmountShares”), and each Excluded Day shall be excluded from the Option 2 Pricing Period for purposes of determining the Market PriceMarket.

Appears in 1 contract

Samples: Equity Distribution Agreement (Braemar Hotels & Resorts Inc.)

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