Volume Restriction. From and after the expiration of the Lock-Up Period, the LP Unit Recipients may sell Stock only in compliance with the applicable resale limitations of Rule 144 under the Securities Act. The provisions of this Section 3.6 shall survive the Closing and shall not merge into any of the conveyancing documents delivered at Closing.
Volume Restriction. (a) Lender agrees that, with respect to the Conversion Shares, in any given calendar week its Net Sales (as defined below) of such Conversion Shares shall not exceed the greater of (i) fifteen percent (15%) of Debtor’s weekly dollar trading volume in such week (which, for purposes hereof, means the number of shares traded during such calendar week multiplied by the volume weighted average price per share (as reported by Bloomberg L.P.) for such calendar week), and (ii) $75,000 (the “Volume Restriction”). For purposes of this Amendment, the term “
Volume Restriction. The investor shall not on any Trading Day sell shares of the Common Stock in excess of 15% of the daily volume of the Common Stock on the prior Trading Day.
Volume Restriction. The Investor shall not sell Conversion Shares on any Trading Day in an amount, in the aggregate, exceeding (x) if no Market Liquidity Event has occurred on such Trading Day, 10% or (y) if a Market Liquidity Event has occurred on such Trading Day, 50%, in each case, of the composite aggregate dollar trading volume of the Common Stock as reported on Bloomberg, L.P. for such Trading Day.
Volume Restriction. From and after the expiration of the Lock-Up Period, the aggregate amount of Stock that the Contributor may sell (i) during any 10-trading day period shall not exceed 30% of the average of the daily trading volume of the Stock (as reported in The Wall Street Journal, Midwest Edition) for the 30 trading days immediately preceding the date on which the first sale of Stock during any such 10-day period occurs and (ii) during any calendar year shall not exceed one-third of the Conversion Shares issuable upon redemption of the aggregate amount of LP Units issued to Contributor at Closing.
Volume Restriction. From and after the expiration of the Lock-Up Period, the aggregate amount of common stock of the REIT that the LP Unit Recipient may sell (i) during any 10-trading day period shall not exceed 30 percent (30%) of the average of the daily trading volume of such stock (as reported in The Wall Street Journal) for the thirty (30) trading days immediately preceding the date on which the first sale of such stock during any such 10-day period occurs, and (ii) during any calendar year shall not exceed one-third of the Conversion Shares issuable upon redemption of the aggregate amount of Common Units issued (including those issued in connection with any conversion of Preferred Units) to such LP Unit Recipient at the Closing.
Volume Restriction. So long as the Investor or its affiliates hold any Securities, the Investor shall not sell Conversion Shares in an amount exceeding the greater of (i) $125,000 worth of Common Stock, in the aggregate, in any five (5) Trading Day period and (ii) on any single Trading Day, 15% of the composite aggregate dollar trading volume of the Common Stock as reported on Bloomberg, L.P. for such Trading Day; provided, however, that if on any single Trading Day, the composite aggregate dollar trading volume of the Common Stock as reported on Bloomberg, L.P. for such Trading Day is greater than $150,000, the Investor may sell Conversion Shares up to an amount not exceeding 50% of the composite aggregate dollar trading volume of the Common Stock as reported on Bloomberg, L.P. for such Trading Day. If the average Closing Sale Price (as defined in the Note) for any five (5) Trading Day period is below $0.20 (as adjusted for any stock splits, stock dividends, stock combinations, recapitalizations or other similar transactions after the date hereof) on any Trading Day, all of the volume restrictions set forth in this Section 4.13 shall cease to apply for so long as the Investor or its affiliates hold any Securities.
Volume Restriction. Section 6 of the 2011 Exchange Agreement is hereby deleted and of no further force and effect; for clarification, the Holder shall not be subject to any volume restrictions with respect to any sale of any Common Stock.
Volume Restriction. Unless otherwise mutually agreed by the Company and the Investor, the Investor shall not sell Conversion Shares, Warrant Shares or Commitment Shares in an amount, in the aggregate, exceeding the greater of (i) $125,000 worth of Common Stock during any five consecutive Trading Day period or (ii) 15% of the composite aggregate dollar trading volume of the Common Stock as reported on Bloomberg, L.P. on any Trading Day; provided, however, that if the composite aggregate dollar trading volume of the Common Stock as reported on Bloomberg, L.P. for any Trading Day exceeds $250,000, then the Investor may sell Conversion Shares, Warrant Shares or Commitment Shares on such Trading Day in an amount, in the aggregate, not exceeding 33% of the composite aggregate dollar trading volume of the Common Stock as reported on Bloomberg, L.P. for such Trading Day; provided, further, however, that the volume restrictions contained in this Section 4.6 shall not apply with respect to any Trading Day on which any sale price for a share of Common Stock is below $2.50. If the Investor sells any Conversion Shares, Warrant Shares or Commitment Shares on any Trading Day, the Investor shall provide a trading activity report to the Company with respect to sales of Conversion Shares, Warrant Shares and Commitment Shares on such Trading Day.
Volume Restriction. The Investor shall not sell Conversion Shares on any Trading Day in an amount, in the aggregate, exceeding the greater of (i) $15,000 or (ii) 15% of the composite aggregate dollar trading volume of the Common Stock as reported on Bloomberg, L.P. for such Trading Day.
