Common use of Monthly Amount Conversion Guidelines Clause in Contracts

Monthly Amount Conversion Guidelines. Subject to Sections 2.1(a), 2.2, and 3.2 hereof, the Holder shall convert all or a portion of the Monthly Amount due on each Repayment Date into Ordinary Shares if the average closing price of the Ordinary Shares as reported by Bloomberg, L.P. on the Principal Market for any five (5) consecutive trading days during the fifteen (15) days immediately preceding such Repayment Date was greater than or equal to one hundred and ten percent (110%) of the Fixed Conversion Price, provided, however, that such conversions shall be up to but not exceed twenty five percent (25%) of the aggregate dollar trading volume of the Ordinary Shares for the thirty (30) day trading period immediately preceding the Repayment Date. Any part of the Monthly Amount due on a Repayment Date that the Holder has not converted into Ordinary Shares, shall be paid by the Borrower in cash on such Repayment Date. Any part of the Monthly Amount due on such Repayment Date which must be paid in cash (as a result of the closing price of the Ordinary Shares on one or more of the five (5) consecutive trading days during the fifteen (15) days immediately preceding the applicable Repayment Date being less than 110% of the Fixed Conversion Price) shall be paid in cash at the rate of 100% of the Monthly Amount otherwise due on such Repayment Date, within three (3) business days of the applicable Repayment Date.

Appears in 3 contracts

Samples: Secured Convertible Term Note (Bos Better Online Solutions LTD), Securities Purchase Agreement (Bos Better Online Solutions LTD), Secured Convertible Term Note (Bos Better Online Solutions LTD)

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Monthly Amount Conversion Guidelines. Subject to Sections 2.1(a), 2.2, and 3.2 hereof, the Holder shall elect to convert all or a portion of the Monthly Amount due on each Repayment Date into Ordinary Shares in shares of Common Stock if the average closing price of the Ordinary Shares Common Stock as reported by Bloomberg, L.P. on the Principal Market (as defined in Section 4.7 hereof) for any five the three (53) consecutive trading days during the fifteen (15) days immediately preceding such Repayment Date was greater than or equal to one hundred and ten percent (110%) 115% of the Fixed Conversion Price, provided, however, ; provided that the amount of any such conversions conversion shall be up to but not exceed twenty five percent (25%) of the aggregate dollar trading volume of the Ordinary Shares Common Stock for the thirty ten (3010) day trading period immediately preceding delivery of a Repayment Election Notice to the Repayment DateBorrower. Any part of the Monthly Amount due on a Repayment Date that the Holder has not converted elected to convert into Ordinary Shares, shares of Common Stock shall be paid by the Borrower in cash on such Repayment Date. Any part of the Monthly Amount due on such Repayment Date which the Holder has elected to convert into shares of Common Stock but which must be paid in cash (as a result of because the closing price of the Ordinary Shares Common Stock on one or more of the five three (53) consecutive trading days during the fifteen (15) days immediately preceding the applicable Repayment Date being was less than 110115% of the Fixed Conversion Price) shall be paid in cash at the rate of 100101% of the Monthly Amount otherwise due on such the Repayment Date, Date within three (3) business days of the applicable Repayment Date.

Appears in 1 contract

Samples: Secured Convertible Term Note (Micro Component Technology Inc)

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