Common use of Minimum Acceptable Price Clause in Contracts

Minimum Acceptable Price. (i) With respect to each Advance Notice, the Company shall notify the Investor of the MAP with respect to such Advance by indicating an MAP on each Advance Notice. If no MAP is specified in an Advance Notice, then no MAP shall be in effect in connection with such Advance. 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 the Pricing Period for which the VWAP of the Common Stock is below the MAP in effect with respect to such Advance Notice (if applicable), or for which there is no VWAP (each such day, an “Excluded Day”), and (B) for the avoidance of doubt, each Excluded Day shall be excluded from the Pricing Period for purposes of determining the Market Price.

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