Common use of Volume Restriction Clause in Contracts

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 “Net Sales” means the gross proceeds from sales of Conversion Shares sold in a calendar week minus the purchase price paid for any shares of Debtor’s common stock purchased from persons other than Debtor in such week. Lender hereby authorizes Debtor to request a trading activity report from Lender’s broker with respect to Lender’s Net Sales during any calendar week.

Appears in 3 contracts

Samples: Secured Promissory Note Amendment (Guided Therapeutics Inc), Secured Promissory Note Amendment (Guided Therapeutics Inc), Secured Promissory Note Amendment (Guided Therapeutics Inc)

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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 '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.L.P .) for such calendar week), and (ii) $75,000 (the "Volume Restriction"). For purposes of this Amendment, the term "Net Sales" means the gross proceeds from sales of Conversion Shares sold in a calendar week minus the purchase price paid for any shares of Debtor’s 's common stock purchased from persons other than Debtor in such week. Lender hereby authorizes Debtor to request a trading activity report from Lender’s 's broker with respect to Lender’s 's Net Sales during any calendar week.

Appears in 1 contract

Samples: Secured Promissory Note Amendment (Guided Therapeutics Inc)

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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.L.P .) for such calendar week), and (ii) $75,000 (the “Volume Restriction”). For purposes of this Amendment, the term “Net Sales” means the gross proceeds from sales of Conversion Shares sold in a calendar week minus the purchase price paid for any shares of Debtor’s common stock purchased from persons other than Debtor in such week. Lender hereby authorizes Debtor to request a trading activity report from Lender’s broker with respect to Lender’s Net Sales during any calendar week.

Appears in 1 contract

Samples: Secured Promissory Note (Guided Therapeutics Inc)

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