Examples of Commitment Evaluation Period in a sentence
In the event that the Company delivers a Termination Notice to the Investor or an Automatic Termination occurs, the Company shall pay to the Investor (the "Termination Fee") the greater of (i) the Semi-Annual Non-Usage Fee for the applicable Commitment Evaluation Period, or (ii) the difference of (x) $200,000, minus (y) 10% of the aggregate Put Dollar Amount of the Put Shares put to Investor during all Puts to date, and the Company shall not be required to pay the Semi-Annual Non-Usage Fee thereafter.
Venue for any action arising under this Agreement shall be in the appropriate court for Boulder County, Colorado.
In the event that the Company delivers a Termination Notice to the Investor or an Automatic Termination occurs, the Company shall pay to the Investor (the "Termination Fee") the greater of (i) the Non-Usage Fee for the applicable Commitment Evaluation Period, or (ii) the difference of (x) $200,000, minus (y) 10% of the aggregate Put Dollar Amount of the Put Shares put to Investor during all Puts to date, and the Company shall not be required to pay the Non-Usage Fee thereafter.
In the event that the Company delivers a Termination Notice to the Investor or an Automatic Termination occurs, the Company shall pay to the Investor (the “Termination Fee”) the greater of (i) the Semi-Annual Non-Usage Fee for the applicable Commitment Evaluation Period, or (ii) the difference of (x) $30,000, minus (y) 5% of the aggregate Put Dollar Amount of the Put Shares put to Investor during all Puts to date, and the Company shall not be required to pay the Semi-Annual Non-Usage Fee thereafter.
In the event that the Company delivers a Termination Notice to the Investor or an Automatic Termination occurs, the Company shall pay to the Investor (the "Termination Fee") the greater of (i) the Annual Non-Usage Fee for the applicable Commitment Evaluation Period, or (ii) the difference of (x) $200,000, minus (y) 10% of the aggregate Put Dollar Amount of the Put Shares put to Investor during all Puts to date, and the Company shall not be required to pay the Annual Non-Usage Fee thereafter.
Notwithstanding the above, no Semi-Annual Non-Usage Fee shall accrue during any Commitment Evaluation Period where the Company completed six (6) Puts, each of which was for the full amount of the Individual Put Limit.
Notwithstanding the above, the Company shall not be required to pay a Non Usage Fee for any Commitment Evaluation Period during which the Company has delivered at least five Put Notices to the Investor and each such Put Notice is for an Intended Put Share Amount equal to at least the amount of the Lookback Volume Limitation.
If the Company Puts in excess of $1,000,000 in aggregate Put Dollar Amount during a Commitment Evaluation Period (the amount in excess of $1,000,000 being referred to as the "Carryover Amount"), then the Annual Non-Usage Fee, if any, for the immediately following Commitment Evaluation Period shall be reduced by an amount equal to the Carryover Amount divided by ten (10).
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In the event that the Company delivers a Termination Notice to the Investor or an Automatic Termination occurs, the Company shall pay to the Investor (the "Termination Fee") the greater of (i) the Annual Non-Usage Fee for the applicable Commitment Evaluation Period, or (ii) the difference of (x) $100,000, minus (y) 10% of the aggregate Put Dollar Amount of the Put Shares put to Investor during all Puts to date, and the Company shall not be required to pay the Annual Non-Usage Fee thereafter.