Common use of Public Float Calculation Clause in Contracts

Public Float Calculation. As of the close of trading on the Exchange on January 8, 2019, the aggregate market value of the outstanding voting and non-voting common equity (as defined in Rule 405) of the Company held by persons other than affiliates of the Company (pursuant to Rule 144 of the Securities Act, those that directly, or indirectly through one or more intermediaries, control, or are controlled by, or are under common control with, the Company) (the “Non-Affiliate Shares”), was approximately $25,333,289 (calculated by multiplying (x) the price at which the common equity of the Company was last sold on the Exchange on November 9, 2018 by (y) the number of Non-Affiliate Shares outstanding on January 8, 2019). The Company is not a shell company (as defined in Rule 405) and has not been a shell company for at least 12 calendar months previously and if it has been a shell company at any time previously, has filed current Form 10 information (as defined in Instruction I.B.6. of Form S-3) with the Commission at least 12 calendar months previously reflecting its status as an entity that is not a shell company.

Appears in 1 contract

Samples: Sales Agreement (NXT-Id, Inc.)

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Public Float Calculation. As of the close of trading on the Exchange on January 8November 6, 2019, the aggregate market value of the outstanding voting and non-voting common equity (as defined in Rule 405) of the Company held by persons other than affiliates of the Company (pursuant to Rule 144 of the Securities Act, those that directly, or indirectly through one or more intermediaries, control, or are controlled by, or are under common control with, the Company) (the “Non-Affiliate Shares”), was approximately $25,333,289 11.0 million (calculated by multiplying (x) the price at which the common equity of the Company was last sold on the Exchange on November September 9, 2018 2019 by (y) the number of Non-Affiliate Shares outstanding on January 8November 6, 2019). The Company is not a shell company (as defined in Rule 405) and has not been a shell company for at least 12 calendar months previously and if it has been a shell company at any time previously, has filed current Form 10 information (as defined in Instruction I.B.6. of Form S-3) with the Commission at least 12 calendar months previously reflecting its status as an entity that is not a shell company.

Appears in 1 contract

Samples: Sales Agreement (Ritter Pharmaceuticals Inc)

Public Float Calculation. As of the close of trading on the Exchange on January 8April 15, 2019, the aggregate market value of the outstanding voting and non-voting common equity (as defined in Rule 405) of the Company held by persons other than affiliates of the Company (pursuant to Rule 144 of the Securities Act, those that directly, or indirectly through one or more intermediaries, control, or are controlled by, or are under common control with, the Company) (the “Non-Affiliate Shares”), was approximately $25,333,289 119,263,673.10 (calculated by multiplying (x) the price at which the common equity of the Company was last sold on the Exchange on November 9April 15, 2018 2019 by (y) the number of Non-Affiliate Shares outstanding on January 8April 15, 2019). The Company is not a shell company (as defined in Rule 405) and has not been a shell company for at least 12 calendar months previously and if it has been a shell company at any time previously, has filed current Form 10 information (as defined in Instruction I.B.6. of Form S-3) with the Commission at least 12 calendar months previously reflecting its status as an entity that is not a shell company.

Appears in 1 contract

Samples: Sales Agreement (Yangtze River Port & Logistics LTD)

Public Float Calculation. As of the close of trading on the Exchange on January 87, 2019, the aggregate market value of the outstanding voting and non-voting common equity (as defined in Rule 405) of the Company held by persons other than affiliates of the Company (pursuant to Rule 144 of the Securities Act, those that directly, or indirectly through one or more intermediaries, control, or are controlled by, or are under common control with, the Company) (the “Non-Affiliate Shares”), was approximately $25,333,289 10,947,052 (calculated by multiplying (x) the price at which the common equity of the Company was last sold on the Exchange on November 98, 2018 by (y) the number of Non-Affiliate Shares outstanding on January 87, 2019). The Company is not a shell company (as defined in Rule 405) and has not been a shell company for at least 12 calendar months previously and if it has been a shell company at any time previously, has filed current Form 10 information (as defined in Instruction I.B.6. of Form S-3) with the Commission at least 12 calendar months previously reflecting its status as an entity that is not a shell company.

Appears in 1 contract

Samples: Sales Agreement (Ocean Power Technologies, Inc.)

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Public Float Calculation. As of the close of trading on the Exchange on January 8April 24, 2019, the aggregate market value of the outstanding voting and non-voting common equity (as defined in Rule 405) of the Company held by persons other than affiliates of the Company (pursuant to Rule 144 of the Securities Act, those that directly, or indirectly through one or more intermediaries, control, or are controlled by, or are under common control with, the Company) (the “Non-Affiliate Shares”), was approximately $25,333,289 26 million (calculated by multiplying (x) the price at which the common equity of the Company was last sold on the Exchange on November 9March 20, 2018 2019 by (y) the number of Non-Affiliate Shares outstanding on January 8April 24, 2019). The Company is not a shell company (as defined in Rule 405) and has not been a shell company for at least 12 calendar months previously and if it has been a shell company at any time previously, has filed current Form 10 information (as defined in Instruction I.B.6. of Form S-3) with the Commission at least 12 calendar months previously reflecting its status as an entity that is not a shell company.

Appears in 1 contract

Samples: Sales Agreement (Titan Pharmaceuticals Inc)

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