DATE OF DELIVERY OF PUT NOTICE. A Put Notice shall be deemed delivered on (i) the Trading Day it is received by facsimile or otherwise by Investor if such notice is received on or prior to 12:00 noon New York time, or (ii) the immediately succeeding Trading Day if it is received by facsimile or otherwise after 12:00 noon New York time on a Trading Day or at anytime on a day which is not a Trading Day.
DATE OF DELIVERY OF PUT NOTICE. A Put Notice shall be deemed delivered on (i) the Trading Day it is received by email by the Investor if such notice is received on or prior to 9:00 a.m. EST or (ii) the immediately succeeding Trading Day if it is received by email after 9:00 a.m. EST on a Trading Day or at any time on a day which is not a Trading Day. The Company shall not deliver a Put Notice to the Investor during the period beginning on the Put Date of the immediately prior Put Notice and ending on the date that is ten (10) Trading Days after the Clearing Date associated with the Common Stock of the immediately prior Put Notice.
DATE OF DELIVERY OF PUT NOTICE. A Put Notice shall be deemed delivered on (i) the Trading Day it is received by email by the Investor if such notice is received on or prior to 9:00 a.m. New York time or (ii) the immediately succeeding Trading Day if it is received by email after 9:00 a.m. New York time on a Trading Day or at any time on a day which is not a Trading Day. The Valuation Period shall begin on the first Trading Day following the Clearing Date. The Company shall not deliver another Put Notice to the Investor during the Valuation Period with respect to any Put, or at any time that Investor is holding any of the Put Shares.
DATE OF DELIVERY OF PUT NOTICE. A Put Notice shall be deemed delivered on (i) the Trading Day it is received by email (to the address set forth in Section 11.1 herein) by the Investor if such notice is received prior to 1:00 pm Eastern Time, or (ii) the immediately succeeding Trading Day if it is received by email after 1:00 pm Eastern Time on a Trading Day or at any time on a day which is not a Trading Day. No Put Notice may be deemed delivered on a day that is not a Trading Day. The Company acknowledges and agrees that the Investor shall be entitled to treat any email it receives from officers whose email addresses are identified by the Company purporting to be a Put Notice as a duly executed and authorized Put Notice from the Company.
DATE OF DELIVERY OF PUT NOTICE. A Put Notice shall be deemed delivered on (i) the Trading Day it is received by physical or facsimile delivery or otherwise by the Investors if such notice is received prior to 12:00 noon Pacific Time or (ii) the immediately succeeding Trading Day if it is received by physical or facsimile delivery or otherwise after 12:00 noon Pacific Time on a Trading Day or at any time on a day that is not a Trading Day. The Trading Day on which a Put Notice is deemed delivered pursuant to this Section is the "Put Date."
DATE OF DELIVERY OF PUT NOTICE. A Put Notice shall be deemed delivered on (i) the Trading Day it is received by e-mail by the applicable Investor if such notice is received on or prior to 8:30 a.m. EST or (ii) the immediately succeeding Trading Day if it is received by e-mail after 8:30 a.m. EST on a Trading Day or at any time on a day which is not a Trading Day. The Company shall not deliver another Put Notice to an Investor within ten (10) Trading Days of a prior Put Notice, and a successive Put Notice shall not be delivered to the same Investor as set forth in Section 2.1 above.
DATE OF DELIVERY OF PUT NOTICE. A Put Notice shall be deemed delivered on a Trading Day if it is received by e-mail by the Investor if such notice is received on or after 4:00 p.m. EST and prior to 6:30 p.m. EST on such Trading Day (“Put Notice Delivery Window”). If a Put Notice is not received by the Investor during a Put Notice Delivery Window, the Investor in its sole discretion may choose to deem such Put Notice to have been delivered on the Trading Day in which it was received by notice to the Company no later than 8:00 p.m. EST on the Trading Day it was received. If (i) the Investor does not provide notice of such acceptance, or (ii) if the closing price of the Ordinary Shares on the Principal Market (or on such Eligible Market, as applicable) on the Trading Day the Put Notice is received is less than $0.25 per share, the Put Notice will be deemed withdrawn.
DATE OF DELIVERY OF PUT NOTICE. A Put Notice shall be deemed delivered on (i) the Trading Day it is received by email by the Investor if such notice is received on or prior to 9:00 a.m. EST or (ii) the immediately succeeding Trading Day if it is received by email after 9:00 a.m. EST on a Trading Day or at any time on a day which is not a Trading Day. The Company shall not deliver a Put Notice to the Investor during the period beginning on the Put Date of the immediately prior Put Notice and ending on the date that is four (4) Trading Days after the Clearing Date associated with the Common Stock of the immediately prior Put Notice (the “Cooldown Period”). Notwithstanding the foregoing, if the Single Day Trading Value on any Trading Day during a Valuation Period for a Put exceeds 300% of the dollar amount of the respective Put (based upon the Initial Purchase Price) (each an “Acceleration Event”), then the Company may waive the Cooldown Period with respect to such respective Put by giving written notice to the Investor during the respective Valuation Period (the “Cooldown Waiver Notice”). If the Company provides a Cooldown Waiver Notice to the Investor, then (i) the Valuation Period for the respective Put shall end as of the date and time of the respective Cooldown Waiver Notice (the “Cooldown Waiver Notice Effective Time”), and (ii) if the Cooldown Waiver Notice Effective Time is during market hours on any Trading Day, then the volume weighted average price of the Company’s Common Stock for such Trading Day for purposes of the calculation of Market Price for the respective Put shall not include any trading activity of the Common Stock after the Cooldown Waiver Notice Effective Time.
DATE OF DELIVERY OF PUT NOTICE. A Put Notice shall be deemed delivered on (i) the Trading Day it is received by facsimile or otherwise by the Investor if such notice is received prior to 12:00 noon Eastern Time, or (ii) the immediately succeeding Trading Day if it is received by facsimile or otherwise after 12:00 noon Eastern Time on a Trading Day or at any time on a day which is not a Trading Day. No Put Notice may be deemed delivered on a day that is not a Trading Day. * Closings. On or before each Closing Date for a Put the Investor shall deliver the Investment Amount specified in the Put Notice by wire transfer of immediately available funds to the Escrow Agent. In addition, on or prior to the Closing Date, each of the Company and the Investor shall deliver to the Escrow Agent all documents, instruments and writings required to be delivered or reasonably requested by either of them pursuant to this Agreement in order to implement and effect the transactions contemplated herein. Upon receipt of notice from the Escrow Agent that the Escrow Agent has possession of the Investment Amount, the Company shall, if possible, deliver the Put Shares to the Investor's account through the Depository Trust Company DWAC system, per written account instructions delivered by the Investor to the Company, and if the Company is not eligible to participate in the DWAC system, to deliver to the Escrow Agent one or more certificates, as requested by the Investor, representing the Put Shares to be purchased by the Investor pursuant to Section 2.1 herein, registered in the name of the Investor or, at the Investor's option, registered in the name of such account or accounts as may be designated by the Investor. Payment of funds to the Company and delivery of the certificates to the Investor (unless delivered by DWAC) shall occur out of escrow in accordance with the Escrow Agreement, provided, however, that to the extent the Company has not paid the fees, expenses, and disbursements of the Investor's counsel in accordance with Section 13.7, the amount of such fees, expenses, and disbursements shall be paid in immediately available funds, at the direction of the Investor, to Investor's counsel with no reduction in the number of Put Shares issuable to the Investor on such Closing Date. * Termination of Investment Obligation.
(a) The obligation of the Investor to purchase shares of Common Stock shall terminate permanently (including with respect to a Closing Date that has not yet occurred) in the event that (i) th...
DATE OF DELIVERY OF PUT NOTICE. A Put Notice shall be deemed delivered on the later of: (i) the Trading Day it is received by facsimile or otherwise by the Investor if such notice is received on or prior to 2:00 PM New York time, or the immediately succeeding Trading Day if it is received by facsimile or otherwise after 2:00 PM New York time on a Trading Day or at anytime on a day which is not a Trading Day and (ii) the delivery to the Investor of the Interim Put Shares through the Depository Trust Company (“DTC”) Fast Automated Securities Transfer Program (“FAST”), as described in Section 2.3.
