PUTS. Upon the terms and conditions set forth herein (including, without limitation, the provisions of Article VII), on any Put Date the Company may exercise a Put by the delivery of a Put Notice. The number of Put Shares that Investor shall purchase pursuant to such Put shall be determined by dividing the Investment Amount specified in the Put Notice by the Purchase Price with respect to such Put Notice.
PUTS. Upon the terms and conditions set forth herein (including, without limitation, the provisions of Article VII), the Company shall have the right, but not the obligation, to direct the Investor, by its delivery to the Investor of a Put Notice from time to time, to purchase Put Shares (i) in a minimum amount not less than $10,000.00 and (ii) in a maximum amount up to the lesser of (a) $250,000.00 or (b) 200% of the Average Daily Trading Value.
PUTS. Upon the terms and conditions set forth herein (including, without limitation, the provisions of Article VII), on any Put Date the Company may exercise a Put by the delivery of a Put Notice.
PUTS. Upon the terms and conditions set forth herein (including, without limitation, the provisions of Article III hereof), on any Optional Purchase Date the Company may exercise a Put by the delivery of an Optional Purchase Notice. The number of Put Shares that the Investor shall receive pursuant to such Put shall be determined by dividing the relevant portions of the Investment Amount specified in the Optional Purchase Notice by the corresponding Purchase Prices for each Trading Day during the Valuation Period.
PUTS. Upon the terms and conditions set forth herein (including, without limitation, the provisions of Article VII), the Company shall have the right, but not the obligation, to direct the Investor, by its delivery to the Investor of a Put Notice from time to time during the Commitment Period, to purchase Put Shares, provided that notwithstanding any other terms of this Agreement, in each instance, (i) the Investment Amount is not more than the Maximum Put Amount and (ii) the aggregate Investment Amount of all Puts shall not exceed the Maximum Commitment Amount.
PUTS. Upon the terms and conditions set forth herein ---- (including, without limitation, the provisions of Article VII hereof), on any Put Date the Company may make a Put by the delivery of a Put Notice. The number of Put Shares that the Investor shall receive pursuant to such Put shall be determined by dividing the Investment Amount specified in the Put Notice by the Purchase Price for such Valuation Period. In connection with each Valuation Period, the Company may set the Threshold Price, if any, in the Put Notice. If the Market Price is less than the Threshold Price, the Company shall not sell and the Purchaser shall not be obligated to purchase the Shares otherwise to be purchased for such Put, except that, the Investor, in its sole discretion, may purchase such shares at the Threshold Price.
PUTS. Upon the terms and conditions set forth herein ---- (including, without limitation, the provisions of Article VII hereof), on any Put Date the Company may make a Put by the delivery of a Put Notice. The number of Put Shares that the Investor shall receive pursuant to such Put shall be determined by dividing the Investment Amount specified in the Put Notice by the Purchase Price for such Valuation Period. The Investment Amount shall not exceed the Maximum Put Amount on the date of the Put Notice.
PUTS. Upon the terms and conditions set forth herein (including, without limitation, the provisions of Article VII), the Company shall have the right, but not the obligation, to direct the Investor, to process an:
(a) Option 1 Put by its delivery to the Investor of a Put Notice from time to time during the Commitment Period, to purchase Put Shares, provided that notwithstanding any other terms of this Agreement, in each instance, (i) the Investment Amount is not more than the Option 1 Maximum Put Amount for any Option 1 Put, (ii) the aggregate Investment Amount of all Option 1 Puts and Option 2 Puts shall not exceed the Maximum Commitment Amount; (iii) the Trading Day prior to the subject Clearing Date did not have the lowest VWAP of the Common Stock out of the prior ten (10) consecutive Trading Days, (iv) at least two (2) Trading Days have lapsed since the most recent Clearing Date of an Option 1 Put, (v) the aggregate Investment Amount of the Option 1 Put and related Option 2 Put on any particular Put Date or Clearing Date does not exceed $500,000.00, and (vi) the lowest traded price of the Common Stock in the five (5) Trading Days immediately preceding the respective Put Date must exceed the Floor Price; and
(b) Option 2 Put by its delivery to the Investor of a Put Notice from time to time during the Commitment Period, to purchase Put Shares, provided that notwithstanding any other terms of this Agreement, in each instance, (i) an Option 1 Put has been previously and effectively processed and its Clearing Date is the same day as the Put Notice for the subject Option 2 Put, (ii) the Investment Amount is not more than the Option 2 Maximum Put Amount for any Option 2 Put, (iii) the aggregate Investment Amount of all Option 1 Puts and Option 2 Puts shall not exceed the Maximum Commitment Amount, (iv) the aggregate Investment Amount of the Option 1 Put and Option 2 Put on any particular Put Date or Clearing Date does not exceed $500,000.00, (v) if all shares of Common Stock resulting from prior submitted Put Notices for Option 1 Puts have been delivered, and (vi) the lowest traded price of the Common Stock in the five (5) Trading Days immediately preceding the respective Put Date must exceed the Floor Price.
PUTS. (a) Each Initial Limited Partner (a "Selling Partner") may, subject to the terms and conditions set forth in this Section 3.9, cause the General Partner to purchase portions of the vested Partnership Interests held by such Limited Partner (each, a "Put").
(b) On any five (5) separate annual occasions starting with the Exercise Period for the fiscal year ending December 31, 2000 and continuing in each subsequent annual Exercise Period, through and including the Exercise Period for the fiscal year ending December 31, 2009, each Selling Partner may cause the General Partner to purchase, and the General Partner agrees to buy, all or any portion of the Partnership Interests then held by such Selling Partner that are Vested Partnership Points as of December 31 of the fiscal year preceding the applicable Exercise Period; provided, however, that the amount subject to repurchase upon the first such occasion shall not exceed the sum of (A) one-fith (1/5) of the aggregate Vested Partnership Points held by such Selling Partner (and a proportionate share of such Partner's Capital Account) on the Effective Date plus the aggregate Vested Partnership Points (and a proportionate share of such Partner's Capital Account) issued to such Limited Partner after the Effective Date pursuant to Section 6.5(e) (the "Annual Put Limit") plus (B) three-twentieths (3/20) of the aggregate Vested Partnership Points held by such Selling Partner (and a proportionate share of such Partner's Capital Account) on the Effective Date plus the aggregate Vested Partnership Points (and a proportionate share of such Partner's Capital Account) issued to such Limited Partner after the Effective Date pursuant to Section 6.5(e) (the "Carry-Over Put Limit"). If the Selling Partner makes a Put of less than the total Carry-Over Put Limit that he is permitted to Put on any occasion, then the remainder of that Carry-Over Put Limit may be carried forward and Put at any subsequent occasion under this Section 3.9(b) or under Section 3.9(c), provided that the amount subject to repurchase on any Put after the first Put shall not exceed the sum of (X) the Annual Put
PUTS. Section 2.1. “Puts” Subject to the terms and conditions of this Agreement (including, without limitation, the provisions of Article VII hereof), the Company, at its sole and exclusive option, may issue and sell to the Investor, and the Investor shall purchase from the Company, Put Shares, by the delivery, in the Company’s sole discretion, of Put Notices. The aggregate maximum amount of all Puts that the Investor shall be obligated to make under this Agreement shall not exceed the Commitment Amount. Once a Put Notice is received by the Investor, it shall not be terminated, withdrawn or otherwise revoked by the Company except as set forth in this Agreement. Notwithstanding anything to the contrary herein, in no event shall the Company submit a Put Notice, and the Investor may not accept, a Put until the three (3) month anniversary of the registration statement being deemed effective by the SEC.
