Common use of Volume Threshold Clause in Contracts

Volume Threshold. In connection with an Advance Notice, if the total number of Common Shares traded on the Principal Market during the applicable Pricing Period is less than the Volume Threshold, then the number of Advance Shares issued and sold pursuant to such Advance Notice shall be reduced to the greater of (a) 30% of the trading volume of the Common Shares on the Principal Market during such Pricing Period as reported by Bloomberg L.P., or (b) the number of Common Shares sold by the Investor during such Pricing Period, but in each case not to exceed the amount requested in the Advance Notice.

Appears in 4 contracts

Samples: Standby Equity Purchase Agreement (Envirotech Vehicles, Inc.), Equity Purchase Agreement (Applied Digital Corp.), Equity Purchase Agreement (Brand Engagement Network Inc.)

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Volume Threshold. In connection with an Advance NoticeNotice where the Company selects an Option 1 Pricing Period, if the total number of Common Ordinary Shares traded on the Principal Market during the applicable Pricing Period is less than the Volume Threshold, then the number of Advance Shares issued and sold pursuant to such Advance Notice shall be reduced to the greater of (a) 30% of the trading volume of the Common Ordinary Shares on the Principal Market during such Pricing Period as reported by Bloomberg L.P., or (b) the number of Common Ordinary Shares sold by the Investor during such Pricing Period, but in each case not to exceed the amount requested in the Advance Notice.

Appears in 3 contracts

Samples: Equity Purchase Agreement (Next.e.GO N.V.), Equity Purchase Agreement (Next.e.GO N.V.), Equity Purchase Agreement (Next.e.GO N.V.)

Volume Threshold. In connection with an each Advance Notice, if the total number of Common Shares traded on the Principal Market during the applicable Pricing Period is less than the Volume Threshold, then the number of Advance Shares issued and sold pursuant to such Advance Notice shall be reduced to the greater of (a) 30% of the trading volume of the Company’s Common Shares on the Principal Market during such the Pricing Period as reported by Bloomberg L.P., or (b) the number of Common Shares sold by the Investor during such Pricing Period, but in each case not to exceed the amount requested in the Advance Notice.

Appears in 3 contracts

Samples: Equity Purchase Agreement (Helbiz, Inc.), Equity Purchase Agreement (Helbiz, Inc.), Equity Purchase Agreement (Helbiz, Inc.)

Volume Threshold. In connection with an Advance NoticeNotice where the Company selects an Option 1 Pricing Period, if the total number of Common Shares traded on the Principal Market during the applicable Pricing Period is less than the Volume Threshold, then the number of Advance Shares issued and sold pursuant to such Advance Notice shall be reduced to the greater of (a) 30% of the trading volume of the Common Shares on the Principal Market during such Pricing Period as reported by Bloomberg L.P., or (b) the number of Common Shares sold by the Investor during such Pricing Period, but in each case not to exceed the amount requested in the Advance Notice.

Appears in 2 contracts

Samples: Equity Purchase Agreement (Envirotech Vehicles, Inc.), Equity Purchase Agreement (Soluna Holdings, Inc)

Volume Threshold. In connection with an Advance Notice, if the total number of Common Ordinary Shares traded on the Principal Market during the applicable Pricing Period is less than the Volume Threshold, then the number of Advance Shares issued and sold pursuant to such Advance Notice shall be reduced to the greater of (a) 3020% of the trading volume of the Common Company’s Ordinary Shares on the Principal Market during such the Pricing Period as reported by Bloomberg L.P., or (b) the number of Common Ordinary Shares sold by the Investor during such Pricing Period, but in each case not to exceed the amount requested in the Advance Notice.

Appears in 2 contracts

Samples: Equity Purchase Agreement (Energem Corp), Equity Purchase Agreement (Energem Corp)

Volume Threshold. In connection with an Advance Notice, if the total number of Common Shares traded on the Principal Market during the applicable Pricing Period is less than the Volume Threshold, then the number of Advance Shares issued and sold pursuant to such Advance Notice shall be reduced to the greater of (a) 30% of the trading volume of the Common Shares on the Principal Market during such Pricing Period as reported by Bloomberg L.P., ; or (b) the number of Common Shares sold by the Investor during such Pricing Period, but in each case not to exceed the amount requested in the Advance Notice.

Appears in 2 contracts

Samples: Pledge Agreement (AGBA Group Holding Ltd.), Equity Purchase Agreement (AGBA Group Holding Ltd.)

Volume Threshold. In connection with With respect to each Advance Notice selecting an Advance NoticeOption 1 Pricing Period, if the total number of Common Ordinary Shares traded on the Principal Market during the applicable Pricing Period is less than the Volume Threshold, then the number of Advance Shares issued and sold pursuant to such Advance Notice shall be reduced to the greater of (a) 30% of the trading volume of the Common Ordinary Shares on the Principal Market during such Pricing Period as reported by Bloomberg L.P., or (b) the number of Common Ordinary Shares sold by the Investor during such Pricing Period, but in each case not to exceed the amount requested in the Advance Notice.

Appears in 2 contracts

Samples: Equity Purchase Agreement (Lilium N.V.), Equity Purchase Agreement (Lilium N.V.)

Volume Threshold. In connection with an Advance Notice, if the total number of Common Shares traded on the Principal Market during the applicable Pricing Period is less than the Volume Threshold, then the number of Advance Shares issued and sold pursuant to such Advance Notice shall be reduced to the greater of (a) 30% of the trading volume of the Common Shares on the Principal Market during such the Pricing Period as reported by Bloomberg L.P., or (b) the number of Common Shares sold by the Investor during such Pricing Period, but in each case not to exceed the amount requested in the Advance Notice.

Appears in 2 contracts

Samples: Equity Purchase Agreement (Beneficient), Equity Purchase Agreement (Lakeshore Acquisition II Corp.)

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Volume Threshold. In connection with an Advance Notice, if the total number of Common Shares traded on the Principal Market during the applicable Pricing Period is less than the Volume Threshold, then the number of Advance Shares issued and sold pursuant to such Advance Notice shall be reduced to the greater of (a) 30% of the trading volume of the Company’s Common Shares on the Principal Market during such the Pricing Period as reported by Bloomberg L.P., or (b) the number of Common Shares sold by the Investor during such Pricing Period, but in each case not to exceed the amount requested in the Advance Notice.

Appears in 1 contract

Samples: Equity Purchase Agreement (Pono Capital Corp)

Volume Threshold. In connection with an Advance Notice, if the total number of Common Shares traded on the Principal Market during the applicable Pricing Period is less than the Volume Threshold, then the number of Advance Shares issued and sold pursuant to such Advance Notice shall be reduced to the greater of (a) 3035% of the trading volume of the Common Shares on the Principal Market during such Pricing Period as reported by Bloomberg L.P., or (b) the number of Common Shares sold by the Investor during such Pricing Period, but in each case not to exceed the amount requested in the Advance Notice.

Appears in 1 contract

Samples: Equity Purchase Agreement (Learn CW Investment Corp)

Volume Threshold. In connection with an Advance Notice, if the total number of Common Shares traded on the Principal Market during the applicable Pricing Period is less than the Volume Threshold, then the number of Advance Shares issued and sold pursuant to such Advance Notice shall be reduced to the greater of (a) 3025% of the trading volume of the Common Shares on the Principal Market during such the Pricing Period as reported by Bloomberg L.P., or (b) the number of Common Shares sold by the Investor during such Pricing Period, but in each case not to exceed the amount requested in the Advance Notice.

Appears in 1 contract

Samples: Equity Purchase Agreement (Scilex Holding Co)

Volume Threshold. In connection with an Advance NoticeNotice with an Option 1 Pricing Period, if the total number of Common Shares traded on the Principal Market during the applicable Pricing Period is less than the Volume Threshold, then the number of Advance Shares issued and sold pursuant to such Advance Notice shall be reduced to the greater of (ai) 30% of the trading volume of the Common Shares on the Principal Market during such the Option 1 Pricing Period as reported by Bloomberg L.P., or (bii) the number of Common Shares sold by the Investor during such Option 1 Pricing Period, but in each case not to exceed the amount requested in the Advance Notice.

Appears in 1 contract

Samples: Equity Purchase Agreement (MSP Recovery, Inc.)

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