Common use of Open Market Sale Clause in Contracts

Open Market Sale. Notwithstanding anything to the contrary herein, the Parties agree that the Investor shall, commencing on the day after the date by which shares of common stock of GigCapital4 must be tendered for redemption in conjunction with GigCapital4’s stockholders’ approval of the Business Combination (the “Redemption Date”), have the right, but not the obligation, to sell any or all of the Shares (including any Additional Shares) in the open market if the sale price exceeds $10.00 per Share prior to payment of any commissions due by the Investor for such sale. The Investor shall give written notice to the Company and the Escrow Agent of any sale of the Shares (including any Additional Shares) pursuant to Section 4(d) within three (3) Business Days following the date of such sale (the “Open Market Sale Notice”), and the Open Market Sale Notice shall include the date of the sale, the number of Shares sold, and confirmation that the sale price per Share was greater than $10.00 per Share prior to the payment of any commissions due by the Investor for the sale. If the Investor sells any Shares (including any Additional Shares) in the open market after the Redemption Date and prior to the one (1) month anniversary of the Business Combination Closing Date at a sales price per Share that is greater than $10.05 (such sale, the “Early Sale” and such shares, the “Early Sale Shares”), then, within five (5) Business Days of the Company’s and the Escrow Agent’s receipt of the Open Market Sale Notice, the Escrow Agent shall release from the Escrow Account (x) to the Investor an amount equal to $0.05 per Early Sale Share sold by the Investor (the “Early Sale Premium”) and (y) to the Company an amount equal to $10.10 per Early Sale Share sold in such Early Sale.

Open Market Sale. Notwithstanding anything to the contrary herein, the Parties agree that the Investor Investors shall, commencing on the day after the date by which shares of common stock of GigCapital4 must be tendered for redemption in conjunction with GigCapital4’s stockholders’ approval of the Business Combination (the “Redemption Date”), have the right, but not the obligation, to sell any or all of the Shares (including any Additional Shares) in the open market if the sale price exceeds $10.00 per Share prior to payment of any commissions due by the Investor Investors for such sale. The Principal Investors shall, and Meteora shall cause all selling Non-Principal Investor shall to, give written notice to the Company and the Escrow Agent of any sale of the Shares (including any Additional Shares) pursuant to Section 4(d) within three (3) Business Days following the date of such sale (the each, an “Open Market Sale Notice”), and the each Open Market Sale Notice shall include the date of the sale, the number of Shares sold, and confirmation that the sale price per Share was greater than $10.00 per Share prior to the payment of any commissions due by the Investor for the sale. If the Investor sells Investors sell any Shares (including any Additional Shares) in the open market after the Redemption Date and prior to the one (1) month anniversary of the Business Combination Closing Date at a sales price per Share that is greater than $10.05 (such sale, the “Early Sale” and such shares, the “Early Sale Shares”), then, within five (5) Business Days of the Company’s and the Escrow Agent’s receipt of the such Open Market Sale Notice, the Escrow Agent shall release from the Escrow Account (x) to the each selling Investor an amount equal to $0.05 per Early Sale Share sold by the such Investor (the “Early Sale Premium”) and (y) to the Company an amount equal to $10.10 per Early Sale Share sold in such Early Sale.

Open Market Sale. Notwithstanding anything to the contrary herein, the Parties agree that the each Investor shall, commencing on the day after the date by which shares of common stock of GigCapital4 Merida must be tendered for redemption in conjunction with GigCapital4Merida’s stockholders’ approval of the Business Combination (the “Redemption Date”), have the right, but not the obligation, to sell any or all of the Shares held by such Investor (including any Additional Shares) in the open market if the sale price exceeds $10.00 10.01 per Share prior to payment of any commissions due by the Investor for such sale. The Each Investor shall give written notice to the Company and the Escrow Agent of any sale of the Shares (including any Additional Shares) pursuant to Section 4(d4(c) within three (3) Business Days following the date of such sale (the each, an “Open Market Sale Notice”), and the each Open Market Sale Notice shall include the date of the sale, the number of Shares sold, and confirmation that the sale price per Share was greater than $10.00 10.01 per Share prior to the payment of any commissions due by the Investor for the sale. If the an Investor sells any Shares (including any Additional Shares) in the open market after the Redemption Date and prior to the one (1) month anniversary of the Business Combination Closing Date at a sales price per Share that is greater than $10.05 10.06 (such sale, the “Early Sale” and such sharesShares, the “Early Sale Shares”), then, within five (5) Business Days of the Company’s and the Escrow Agent’s receipt of the such Open Market Sale Notice, the Escrow Agent shall release from the Escrow Account (x) to the selling Investor an amount equal to $0.05 per Early Sale Share sold by the such Investor (the “Early Sale Premium”) ), which shall be paid by wire transfer of immediately available funds from the Escrow Account to the Investor, and (y) to the Company an amount equal to $10.10 10.11 per Early Sale Share sold in such Early Sale.

Open Market Sale. Notwithstanding anything to the contrary herein, the Parties agree that the Investor Investors shall, commencing on the day after the date by which shares of common stock of GigCapital4 Merida must be tendered for redemption in conjunction with GigCapital4Merida’s stockholders’ approval of the Business Combination (the “Redemption Date”), have the right, but not the obligation, to sell any or all of the Shares (including any Additional Shares) in the open market if the sale price exceeds $10.00 10.01 per Share prior to payment of any commissions due by the Investor Investors for such sale. The Each Investor shall give written notice to the Company and the Escrow Agent of any sale of the Shares (including any Additional Shares) pursuant to this Section 4(d4(c) within three five (35) Business Days following the date of such sale (the each, an “Open Market Sale Notice”), and the each Open Market Sale Notice shall include the date of the sale, the number of Shares sold, and confirmation that the sale price per Share was greater than $10.00 10.01 per Share prior to the payment of any commissions due by the Investor for the sale. If the Investor sells Investors sell any Shares (including any Additional Shares) in the open market after the Redemption Date and prior to the one (1) month anniversary of the Business Combination Closing Date at a sales price per Share that is greater than $10.05 10.06 (such sale, the “Early Sale” and such shares, the “Early Sale Shares”), then, within five (5) Business Days of the Company’s and the Escrow Agent’s receipt of the such Open Market Sale Notice, the Escrow Agent shall release from the Escrow Account (xi) to the each selling Investor an amount equal to $0.05 per Early Sale Share sold by the such Investor (the “Early Sale Premium”) and (yii) to the Company an amount equal to $10.10 10.11 per Early Sale Share sold in such Early Sale.

Open Market Sale. Notwithstanding anything to the contrary herein, the Parties agree that the Investor Investors shall, commencing on the day after the date by which shares of common stock of GigCapital4 must be tendered for redemption in conjunction with GigCapital4’s stockholders’ approval of the Business Combination (the “Redemption Closing Date”), have the right, but not the obligation, to sell any or all of the Shares (including any Additional Shares) in the open market if the sale price exceeds $10.00 10.27 per Share prior to payment of any commissions due by the Investor for such sale. The Investor shall give written notice to the Company and the Escrow Agent of any sale of the Shares (including any Additional Shares) pursuant to this Section 4(d) within three (3) Business Days following the date of such sale (the “Open Market Sale Notice”) if, as a result of such sales, the Investors hold less than an aggregate of the [__] Shares subject to Sections 1, 4(a) and 4(b), and the Open Market Sale Notice shall include the date of the sale, the number of Shares sold, and confirmation that the sale price per Share was greater than $10.00 10.27 per Share prior to the payment of any commissions due by the Investor for the sale. If the Investor sells any of the [__] Shares (including any Additional Shares) in subject to Sections 1, 4(a)(i), 4(a)(iii) and 4(b)in the open market after the Redemption Business Combination Closing Date and prior to the one (1) month anniversary of the Business Combination Closing Date at a sales price per Share that is greater than $10.05 10.27 (such sale, the “Early Sale” and such shares, the “Early Sale Shares”), then, within five (5) Business Days of the Company’s and the Escrow Agent’s receipt of the such Open Market Sale Notice, the Escrow Agent shall release from the Escrow Account (x) to the each selling Investor an amount equal to $0.05 per Early Sale Share sold by the Investor (the “Early Sale Premium”) and (y) to the Company an amount equal to $10.10 10.37 per Early Sale Share sold in such Early Sale.

Open Market Sale. Notwithstanding anything to the contrary herein, the Parties agree that the each Investor shall, commencing on the day after the date by which shares of common stock of GigCapital4 must be tendered for redemption in conjunction with GigCapital4’s stockholders’ approval of the Business Combination (the “Redemption Date”), have the right, but not the obligation, to sell any or all of the Shares (including any Additional Shares) in the open market if the sale price exceeds $10.00 per Share prior to payment of any commissions due by the Investor Investors for such sale. The Each Investor shall give written notice to the Company and the Escrow Agent of any sale of the Shares (including any Additional Shares) pursuant to Section 4(d) within three (3) Business Days following the date of such sale (the each, an “Open Market Sale Notice”), and the each Open Market Sale Notice shall include the date of the sale, the number of Shares sold, and confirmation that the sale price per Share was greater than $10.00 per Share prior to the payment of any commissions due by the Investor for the sale. If the Investor sells Investors sell any Shares (including any Additional Shares) in the open market after the Redemption Date and prior to the one (1) month anniversary of the Business Combination Closing Date at a sales price per Share that is greater than $10.05 (such sale, the “Early Sale” and such shares, the “Early Sale Shares”), then, within five (5) Business Days of the Company’s and the Escrow Agent’s receipt of the such Open Market Sale Notice, the Escrow Agent shall release from the Escrow Account (x) to the each selling Investor an amount equal to $0.05 per Early Sale Share sold by the such Investor (the “Early Sale Premium”) and (y) to the Company an amount equal to $10.10 per Early Sale Share sold in such Early Sale.

Open Market Sale. Notwithstanding anything to the contrary herein, the Parties agree that the Investor shall, commencing on the day after the date by which shares of common stock of GigCapital4 Merida must be tendered for redemption in conjunction with GigCapital4Merida’s stockholders’ approval of the Business Combination (the “Redemption Date”), have the right, but not the obligation, to sell any or all of the Shares (including any Additional Shares) in the open market if the sale price exceeds $10.00 10.01 per Share prior to payment of any commissions due by the Investor for such sale. The Investor shall give written notice to the Company and the Escrow Agent of any sale of the Shares (including any Additional Shares) pursuant to Section 4(d4(c) within three (3) Business Days following the date of such sale (the each, an “Open Market Sale Notice”), and the each Open Market Sale Notice shall include the date of the sale, the number of Shares sold, and confirmation that the sale price per Share was greater than $10.00 10.01 per Share prior to the payment of any commissions due by the Investor for the sale. If the Investor sells any Shares (including any Additional Shares) in the open market after the Redemption Date and prior to the one (1) month anniversary of the Business Combination Closing Date at a sales price per Share that is greater than $10.05 10.06 (such sale, the “Early Sale” and such shares, the “Early Sale Shares”), then, within five (5) Business Days of the Company’s and the Escrow Agent’s receipt of the such Open Market Sale Notice, the Escrow Agent shall release from the Escrow Account (x) to the each selling Investor an amount equal to $0.05 per Early Sale Share sold by the such Investor (the “Early Sale Premium”) and (y) to the Company an amount equal to $10.10 10.11 per Early Sale Share sold in such Early Sale.

Open Market Sale. Notwithstanding anything to the contrary herein, the Parties agree that the Investor shall, commencing on the day after the date by which shares of common stock of GigCapital4 must be tendered for redemption in conjunction with GigCapital4’s stockholders’ approval of the Business Combination (the “Redemption Closing Date”), have the right, but not the obligation, to sell any or all of the Shares (including any Additional Shares) in the open market if the sale price exceeds $10.00 per Share prior to payment of any commissions due by the Investor for such salemarket. The Investor shall give written notice to the Company SPAC and the Escrow Agent of any sale of the Shares (including any Additional Shares) pursuant to this Section 4(d4(c) within three (3) Business Days following the date of such sale (the “Open Market Sale Notice”), and the Open Market Sale Notice shall include the date of the sale, the number of Shares sold, and confirmation that the sale price per Share was greater than $10.00 10.80 per Share prior to the payment of any commissions due by the Investor for the sale, accompanied by the broker’s confirmation of the transaction. If the Investor sells any Shares (including any Additional Shares) in the open market after the Redemption Business Combination Closing Date and prior to the one three (13) month anniversary of the Business Combination Closing Date at a sales price per Share that is greater than $10.05 10.80 (such sale, the “Early Sale” and such shares, the “Early Sale Shares”), then, within five (5) Business Days of the Companyafter SPAC’s and the Escrow Agent’s receipt of the such Open Market Sale NoticeNotice and broker’s confirmation, the Escrow Agent shall release from the Escrow Account (x) to the Investor SPAC an amount equal to $0.05 per Early Sale Share sold by the Investor (the “Early Sale Premium”) and (y) to the Company an amount equal to $10.10 10.80 per Early Sale Share sold in such Early Sale. For the avoidance of doubt, unless otherwise provided herein, any Shares not sold in the open market pursuant to this Section 4(c) may be sold to SPAC pursuant to the terms of Section 1 hereof.