Minimum Offering Amount. Subject to the provisions of Section 10 hereof, Escrow Agent shall pay to Company the liquidated value of the Cash Investments (excluding, however, any interest or other earnings on Cash Investments), by certified or bank check or by wire transfer, no later than three (3) days following receipt of the following documents:
(1) A Minimum Offering Notice;
(2) A Subscription Accounting, substantiating the sale of the Minimum Offering;
(3) The documents described on Exhibit B attached hereto and incorporated herein by reference; and
(4) Such other certificates, notices or other documents as Escrow Agent shall reasonably require. Notwithstanding the foregoing, Escrow Agent shall not be obligated to disburse the Escrow Funds to Company if Escrow Agent has grounds to believe that (a) Cash Investment Instruments in full payment for that number of Units equal to or greater than the Minimum Offering have not been received, deposited with and collected by the Escrow Agent, or (b) any of the certifications and opinions set forth in the documents described in Exhibit B attached hereto are incorrect or incomplete. After the initial disbursement of Escrow Funds to Company pursuant to this Section 4(a), Escrow Agent shall pay to Company any additional funds received with respect to the Units, by certified or bank check or wire transfer, no later than fifteen (15) business days after receipt.
Minimum Offering Amount. The Company shall not be required to comply with this Section 3.3 unless the aggregate Current Market Price of all Demand Offering Securities covered by the Demand Offering Request and the Demand Offering Securities described in Section 3.3(a)(ii) shall be $75 million or more (unless and to the extent the Demand Initiating Holder shall hold less than $75 million of Demand Offering Securities, in which case such minimum offering amount shall be equal to the amount of Demand Offering Securities so held).
Minimum Offering Amount. The aggregate purchase price paid to the Company for all of the Units in the Offering by the Investor pursuant to this Agreement and the Other Investors pursuant to the Other Agreements at or prior to the Closing hereunder shall not be less than $14.8 million; and
Minimum Offering Amount. There shall be subscriptions by Approved Subscribers (as defined below) for a sufficient number of Notes and Warrants having an aggregate Purchase Price of not less than $500,000 for the Initial Closing no minimum for each Subsequent Closing.
Minimum Offering Amount. The Company shall have received duly executed subscriptions and corresponding readily available funds in the Escrow Account from Subscribers equal to or in excess of the Minimum Offering Amount.
Minimum Offering Amount. The Company shall have received and entered into binding subscription agreements, including this Agreement, obligating the investors party thereto to purchase, and the Company to issue and sell, at least $250,000 of Common Stock in the Offering.
Minimum Offering Amount. At the Closing, the number of shares of the Common Stock and Series C Preferred Stock to be sold under this Agreement shall result in gross proceeds to the Company of $52 million. Purchasers shall have submitted subscriptions for such amount and the proceeds due to the Company under such subscriptions shall have been previously received by the Company.
Minimum Offering Amount. The number of shares of the Company’s common stock to be sold under this Agreement and the Subscription Agreements shall be at least 375,000,000 shares, resulting in gross proceeds to the Company of $37.5 million. The Company shall have received and accepted the Subscription Agreements and the proceeds due to the Company under the Subscription Agreements shall be in escrow for the benefit of the Company or shall have been previously received by the Company.
Minimum Offering Amount. The Company shall not be required to register Registrable Securities pursuant to this Section 2.3.3 unless the aggregate current market price of all Registrable Securities covered by the Demand Registration Request shall be $500,000 or more (unless and to the extent the Non-OCP Investors or OCP, as the case may be, shall hold in the aggregate less than $500,000 of Registrable Securities, in which case such minimum offering amount shall be equal to the amount of Registrable Securities so held).
Minimum Offering Amount. The Company receives and accepts a minimum offering amount of $2,000,000 (including Shares purchased by the Company’s sponsor, its affiliates and the Company’s officers and directors) in Gross Proceeds pursuant to the Initial Public Offering.
