Volume Restrictions. The maximum number of shares that may be put during any Put Period shall not exceed 15% of the aggregate trading volume of the Common Stock as traded on the Principal Market during the 20 consecutive Trading Days immediately preceding the date of the Put Notice.
Volume Restrictions. With respect to any warehousing and distribution Logistics Services, Purchaser shall be subject to such volume restrictions as may be provided under the applicable Third Party Logistics Contracts and in accordance with the volume levels consistent with the twelve (12) month period immediately prior to the Effective Date.
Volume Restrictions. 2.1 With respect to the Daily ISWA Load Forecast there is:
2.1.1 a minimum energy requirement of 0MWh per Trading Interval; and
2.1.2 no maximum energy restriction per Trading Interval, in relation to the arrangements as between the Business Units under this ISWA in connection with the supply of electrical energy under Applicable Contracts.
2.2 With respect to the Daily Negative ISWA Load Forecast there is:
2.2.1 a maximum energy requirement of 0MWh per Trading Interval; and
2.2.2 no minimum energy restriction per Trading Interval, in relation to the arrangements as between the Business Units under this ISWA in connection with the receipt of electrical energy under Applicable Contracts.
Volume Restrictions. For a period of four (4) years from the Closing Date, the Holders jointly and severally agree not to sell publicly (i.e., whether pursuant to a registration statement or Rule 144) a number of shares of common stock of the Company (through short positions or otherwise) in excess of the greater of (i) 15% of the weekly volume (calculated based upon the five (5) trading day period immediately prior to the date of the sale) in any given five (5) trading day period and (ii) on any given day, 15% of the volume on such day. Violations of the limitation set forth in the preceding sentence due to the inability to obtain up to the minute updated information prior to making the trade shall not be a breach of this Agreement to the extent that such violations occur infrequently and are not substantially in excess of such limitation. In order for the Company to track the Holders' compliance with this section, each Holder initially with 200,000 or more shares of Company Common Stock shall provide the Company with notice of its daily sales of common stock within ten (10) business days of the end of each month in which any such sales occur.
Volume Restrictions. A. Aside from the restrictions otherwise provided in this AGREEMENT, GINGLE and HAUSDORFF agree that their rights to sell, transfer, assign, hypothecate or in any way alienate any of their shares shall be subject to the volume restrictions hereinafter provided. GINGLE and HAUSDORFF further agree that the volume restrictions imposed are to be determined on a pro rata basis, on the basis of the daily average of the number of shares of PRINCETON common stock sold over the period of twenty-five (25) days of trading for PRINCETON stock immediately prior to the date of the FIRST REFUSAL NOTICE (the "DAILY VOLUME AVERAGE"), which date shall be the same date upon which such FIRST REFUSAL NOTICE is sent by GINGLE or HAUSDORFF.
B. The aggregate amount of stock permitted to be sold shall be considered the "allowable volume". The pro rata allocation of the allowable volume shall be 83.5% for GINGLE and 16.5
Volume Restrictions. You will be permitted to sell no more than one and three quarters percent (1.75%) of your total Plan Shares (exercisable and non-exercisable) which were not previously available for sale under the Registration Statement in any calendar quarter, as more fully set forth on Exhibit A attached hereto and made a part hereof. The foregoing limitation on sales of your Plan Shares shall terminate when you have sold all the Shares allocated to you on Exhibit A. In the event you sell less than all of your permitted 1.75% allotment in any quarter, you do not lose the right to sell those Shares. Rather, the unsold Shares will continue to be available for sale and will be added to the Shares becoming available for sale in the next quarter on a cumulative, rolling basis. Notwithstanding anything herein to the contrary, the limitations of this paragraph shall not apply to sales of Company common stock which may be made by you pursuant to (i) Rule 144 under the Securities Act of 1933, as amended, (ii) a secondary offering registered by the Company in which your participation is approved by the Company's Board of Directors, or (iii) any other transaction in which your participation is approved by the Company's Board of Directors.
Volume Restrictions. (1) During the period beginning on the Issuance Date and ending on the date that TopoTarget is no longer the record or beneficial owner of any of the Shares, including during the Effectiveness Period (as defined below), TopoTarget shall not make a Disposition of the Shares owned by TopoTarget in amounts that exceed, after giving effect to the proposed Disposition, either of (i) 100,000 shares in any single trading day (the “Maximum Daily Sale Amount”), or (ii) 300,000 shares during any calendar week period (the “Maximum Weekly Sale Amount”), in either case without the prior written consent of the Company, which may be given or withheld in the Company’s sole discretion. For purposes hereof, a “Disposition” shall mean any transfer, sale or other disposition, or any offer to transfer, sell or dispose, of any Share or Shares over the facilities of, or otherwise through, the Nasdaq Global Market or, if different, the Company’s primary listing market.
Volume Restrictions. For so long as a Holder, together with its Affiliates, beneficially owns at least nine and nine-tenths percent (9.9%) of the outstanding shares of Common Stock (including shares of Common Stock issuable upon conversion of shares of Series D Preferred Stock, regardless of whether such shares of Series D Preferred Stock are then convertible), neither such Holder nor its Affiliates shall sell or otherwise transfer or dispose of, directly or indirectly, shares of Common Stock or Series D Preferred Stock, or any beneficial interest in any such shares, to the extent that such transfer or disposition by such Holder and its Affiliates would collectively exceed:
(a) the Rule 144 Volume Limitation in any consecutive three (3) month period; or
(b) two percent (2%) of the outstanding shares of Common Stock in any calendar quarter in a single transaction or series of related transactions to a single transferee or its affiliates.
Volume Restrictions. In addition to any other restrictions and limitations on the transfer of the Securities under applicable federal and state securities laws and the other agreements to which Dx. Xxxxxxxx and Creative Microspheres, Inc. are bound (including Sections 7 and 8 below), for a period of twelve (12) months after the Effective Date, Dx. Xxxxxxxx and Creative Microspheres each agree that each sale of the Securities (which shall include any offer, pledge, contract to sell, any option, right or warrant to sell, lend, or otherwise transfer or dispose of, directly or indirectly, any of the economic consequences of ownership of the Securities) shall be made in compliance with the volume restrictions applicable to an “affiliate” of the Company under Rule 144 of the Securities Exchange Act of 1933, as amended.
Volume Restrictions. Notwithstanding anything to the contrary ------------------- herein, during the Restricted Period immediately following an Exchange, the Company shall not at any time sell RMI Exchange Shares, and RMI shall not sell Company Exchange Shares, on any single trading day in amounts in excess of five percent 5% of the average daily trading volume of RMI Common Stock on the Nasdaq National Market, or Company Common Stock on the Nasdaq SmallCap Market, as applicable, for the five (5) consecutive trading days prior to the date of any such sale.
