Trading Limitation. Except as otherwise permitted herein, the Registered Holder Group shall not, individually or in the aggregate, dispose of more than fifty thousand (50,000) share of Common Stock during any one trading day. In addition, so long as the Registered Holder Group continues to hold at least twenty percent (20%) of the shares of Common Stock issued upon exercise of this Warrant, the Registered Holder Group shall provide the Company with reasonable advance notice of any such sale of the shares of Common Stock. The Registered Holder Group shall not be obligated to complete any sale of shares of Common Stock even if it has provided the Company with advance written notice of such sale, but the Registered Holder Group shall notify Company of its withdrawal of any shares of Common Stock from the market with respect to which the Registered Holder Group has provided prior notice of sale. Company shall notify the Registered Holder Group of the pendency of a sale under any underwritten public offering by Company of Common Stock or any other Company equity security, in which event the Registered Holder Group shall not effect any sales of any shares of Common Stock within five (5) days prior to the commencement of or during such underwritten public offering. The Registered Holder Group shall have the right to sell any amount of shares of Common Stock in a private transaction, provided that (i) any such sale shall not be reported or reportable on any exchange or other public market where shares of Common Stock are or may in future be traded, and (ii) the purchaser in such private transaction agrees in writing that, for a period of six (6) months from and after the date of such purchase and sale of shares of Common Stock, such purchaser shall not sell any such shares of Common Stock. In addition, the Registered Holder Group shall be permitted to pledge any number of shares of Common Stock to an arm's-length lender to secure payment of a bona fide loan or other indebtedness, subject to the terms hereof.
Trading Limitation. Notwithstanding anything herein to the contrary, the Holder shall not, on any trading day, trade shares of the Common Stock issued to the Holder pursuant to this Note on the Principal Market in which such Common Stock is listed in excess of ten percent (10%) of the average daily trading volume of the Common Stock for the period of ten (10) trading days immediately preceding such trading date.
Trading Limitation. The Stockholder agrees not to exceed 20% of the monthly trading volume in the Company’s stock.
Trading Limitation. The Buyer agrees that after any Commitment Shares or Conversion Shares are available for trading it will limit its sales to 10% of the trading volume on any day, will not make any sales within 30 minutes of the opening or closing of the market and will make all sales through one broker who will acknowledge these limitations in writing.
Trading Limitation. Unless an Event of Default occurs under the Note and is continuing, the Holder shall only be permitted to sell, per Trading Day, an amount of Common Stock up to the greater of (i) $5,000 or (ii) 25% multiplied by the Aggregate Amount (as defined below). The Aggregate Amount shall mean the average number of shares of Common Stock sold per day for the five (5) Trading Days preceding the day of sale (total shares sold during the trading period divided by 5) multiplied by the average daily VWAP during the immediately preceding five (5) Trading Day period.”
17. Holder hereby confirms that (i) no event of default has occurred under the Notes as of the Effective Date, and (ii) all amortization payments due under the Notes prior to the Effective Date have been deferred until the respective maturity date of the Notes.
18. This Amendment shall be deemed part of, but shall take precedence over and supersede any provisions to the contrary contained in the Notes, as modified by the First Amendment. Except as specifically modified hereby and by the First Amendment, all of the provisions of the Notes, which are not in conflict with the terms of this Amendment, shall remain in full force and effect. Notwithstanding the foregoing and for purposes of clarity, the interest rate on the 15% Notes shall be 10%, as increased to 15% effective August 1, 2016, and for purposes of computing interest on the 15% Notes, the principal balances of the 15% Notes shall be the original amounts, as set forth in the Notes (without consideration of this Amendment), until the Effective Date, 2016, at which point the principal balances of the 15% Notes shall be increased to the amounts set forth in this Amendment.
Trading Limitation. Solely with respect to Underlying Shares (and not in connection with Common Stock the Holder may obtain through any other source, including through conversion of any Other Debentures), the Holder agrees that it shall not sell more than the Monthly Trading Limitation during any Calendar month. The term "Monthly Trading Limitation" shall mean the greater of (i) the number of shares equal to $275,000 divided by the average VWAP during the prior Calendar month or (ii) 25% of the total volume of the Common Stock traded during the previous Calendar month (as determined by Bloomberg, LP). Notwithstanding the forgoing, the trading limitation set forth in this Section 3(c)(ii) shall not apply after the occurrence of any Event of Default or if waived in writing by the Company.
Trading Limitation. The Sellers and EMEA Sellers agree that for any given day, the aggregate amount of Shares sold for the account of the Sellers and the EMEA Sellers collectively, whether pursuant to the Shelf Registration Statement or otherwise, shall not exceed the Daily Trading Limit.
Trading Limitation. Orion agrees that it shall not, in any week, sell through the facilities of the New York Stock Exchange, a number of Acquired Coeur Shares that exceeds a number equal to 10% of the average weekly reported trading volume of Coeur Common Stock as determined pursuant to Rule 144 (e)(1)(ii) (calculated using the trading days in the four calendar weeks preceding the week of sale). For greater certainty, the foregoing restriction shall not apply to any private sale of the Acquired Coeur Shares. Orion and Coeur shall reasonably cooperate in the event of any potential private sale of the Acquired Coeur Shares by Orion; provided, that Coeur shall not be required to provide any comfort letters or opinions of counsel (including any disclosure or 10b-5 letter), other than legal opinions in connection with the removal of the legend set forth in Section 6 above.
Trading Limitation. Holder shall limit Conversions of the principal amount of this Note on any given Trading Day to ten (10%) of the average daily dollar trading volume for the Common Stock on the Principal Market (or other applicable Trading Market) for the twenty (20) consecutive Trading Days preceding such Trading Day. For the purposes of this definition the term “dollar trading volume” for any Trading Day shall be determined by multiplying the VWAP by the volume as reported on Bloomberg for such Trading Day.
Trading Limitation. For the purposes of this section, a “trading limitation” on a security is a restriction under any federal or state securities law, any regulation thereunder, or an agreement effecting the security which would make the security not as freely tradable as one not subject to such restrictions.
