Put Limitations. The Company's right to exercise a Put shall be limited as follows:
(a) notwithstanding the amount of any Put, the Investor shall not be obligated to purchase any additional Put Shares once the aggregate Put Dollar Amount paid by Investor equals the Maximum Offering Amount;
(b) the Investor shall not be obligated to acquire and pay for the Put Shares with respect to any Put for which the Company has announced a subdivision or combination, including a reverse split, of its Common Stock or has subdivided or combined its Common Stock during the Extended Put Period;
(c) the Investor shall not be obligated to acquire and pay for the Put Shares with respect to any Put for which the Company has paid a dividend of its Common Stock or has made any other distribution of its Common Stock during the Extended Put Period;
(d) the Investor shall not be obligated to acquire and pay for the Put Shares with respect to any Put for which the Company has made, during the Extended Put Period, a distribution of all or any portion of its assets or evidences of indebtedness to the holders of its Common Stock;
(e) the Investor shall not be obligated to acquire and pay for the Put Shares with respect to any Put for which a Major Transaction has occurred during the Extended Put Period.
Put Limitations. Unless the parties agree by mutually signing the Put Notice, the Company may not deliver a Put Notice for a number of shares in excess of fifteen percent (15%) of the aggregate trading volume for the three (3) consecutive trading days prior to the Put Date.
Put Limitations. The rights of redemption available to the holders of Incentive Stock pursuant to this Article 5 shall at all times be subject to limitations under the Delaware General Corporation Law and any requirement under any outstanding Debt Instrument of the Corporation or any Subsidiary (without regard to whether the holder of or lender under such Debt Instrument is a Stockholder or an Affiliate thereof) limiting the Corporation’s right to make payment under this Article 5 during a default or an event of default thereunder (or its Subsidiaries’ ability to make distributions to the Corporation for such purpose). Nothing herein shall require the Corporation to honor a Put Notice if such would result in a violation of law or any such Debt Instrument, as determined in the good faith judgment of the Board of Directors. At such time as redemption is permitted (a) under the Debt Instruments described in this Section 5.3, and (b) without violation of law, the Corporation shall make payment of any suspended payment obligation in Section 5.1 (whether in cash or by issuance of Promissory Notes, as required by Section 5.1).
Put Limitations. The Company's right to exercise a Put shall be limited as follows:
(a) [Intentionally Left Blank].
(b) notwithstanding the amount of any Put, the Investor shall not be obligated to purchase any additional Put Shares once the aggregate Put Dollar Amount paid by Investor equals the Maximum Offering Amount;
(c) the Investor shall not be obligated to acquire and pay for the Put Shares with respect to any Put for which the Company has announced a subdivision or combination, including a reverse split, of its Common Stock or has subdivided or combined its Common Stock during the Extended Put Period for that Put;
(d) the Investor shall not be obligated to acquire and pay for the Put Shares with respect to any Put for which the Company has paid a dividend of its Common Stock or has made any other distribution of its Common Stock during the Extended Put Period for that Put;
(e) the Investor shall not be obligated to acquire and pay for the Put Shares with respect to any Put for which the Company has made, during the Extended Put Period, a distribution of all or any portion of its assets or evidences of indebtedness to the holders of its Common Stock;
(f) the Investor shall not be obligated to acquire and pay for the Put Shares with respect to any Put for which a Major Transaction has occurred during the Extended Put Period;
Put Limitations. The Company's right to exercise a Put shall be limited as follows:
(a) notwithstanding the amount of any Put, the Investor shall not be obligated to purchase any additional Put Shares once the aggregate Put Dollar Amount paid by Investor equals the Maximum Offering Amount;
(b) the Investor shall not be obligated to acquire and pay for the Put Shares with respect to any Put for which the Company has announced a subdivision or combination, including a reverse split, of its Common Stock or has subdivided or combined its Common Stock during the Extended Put Period;
(c) the Investor shall not be obligated to acquire and pay for the Put Shares with respect to any Put for which the Company has paid a dividend of its Common Stock or has made any other distribution of its Common Stock during the Extended Put Period;
Put Limitations. The rights of redemption available to the holders of Incentive Stock pursuant to this Article 5 shall at all times be subject to limitations under the Delaware General Corporation Law and any outstanding Debt Instrument of the Corporation (without regard to whether the holder of or lender under such Debt Instrument is a Stockholder or an Affiliate thereof). Nothing herein shall require the Corporation to honor a Put Notice if such would result in a violation of law or any such Debt Instrument, as determined in the good faith judgment of the Board of Directors; provided, that, the Board of Directors shall use its commercially reasonable efforts to obtain the approval of the holder(s) of any such Debt Instrument to allow the Corporation to honor the Put Notice. At such time as redemption is permitted (a) under the Debt Instruments described in this Section 5.03, and (b) without violation of law, the Corporation shall make payment of any suspended payment obligation in Section 5.01 (whether in cash or by issuance of Promissory Notes, as required by Section 5.01).
Put Limitations. The Company's right to exercise a Put shall be limited as follows, unless waived in writing by the Investor:
(a) [Intentionally Left Blank].
(b) notwithstanding the amount of any Put, the Investor shall not be obligated to purchase any additional Put Shares once the aggregate Put Dollar Amount paid by Investor equals the Maximum Offering Amount;
Put Limitations. The Company's right to exercise a Put shall be limited as follows, unless waived in writing by the Subscriber:
(a) the Company shall not exercise any Put where the aggregate Put Share Amount with respect to all Subscribers would exceed the Individual Put Limit in effect on the Put Date. The "Individual Put Limit" shall equal one half of the aggregate daily reported trading volume in the outstanding Common Stock reported on the Company's Principal Market in a maximum Volume Evaluation Period of ten (10) Trading Days, ending on the Trading Day immediately preceding the Put Date;
Put Limitations. Unless the parties agree by mutually signing the Put Notice, the Company (i) may not deliver a Put Notice on any day in which the Company's Common Stock closes on the prior day, at a price below $1.40 per share, and (ii) may not deliver a Put Notice for a number of shares in excess of fifteen percent (15%) of the aggregate trading volume for the three (3) consecutive trading days prior to the Put Date.
Put Limitations. The Company's right to exercise a Put shall be limited as follows:
(a) notwithstanding the amount of any Put, the Investor shall not be obligated to purchase any additional Put Shares once the aggregate Put Dollar Amount paid by Investor equals the Maximum Offering Amount;
(b) the Company shall not announce a subdivision or combination, including a reverse split, of its Common Stock or subdivide or combined its Common Stock during any Extended Put Period;
(c) the Company will neither declare nor pay a dividend of its Common Stock nor establish a record date for payment of a dividend or distribution nor shall it make any other distribution of its Common Stock during any Extended Put Period;
(d) the Company shall not make, during any Extended Put Period, a distribution of all or any portion of its assets or evidences of indebtedness to the holders of its Common Stock;
(e) the Company shall neither announce nor consummate a Major Transaction during any Extended Put Period.
