Examples of Draw Down Notice Date in a sentence
Each Draw Down Notice shall include a representation of the Company as to the number of Shares of Common Stock outstanding on the related Draw Down Notice Date as determined in accordance with Section 13(d) of the 1934 Act.
At all times during the period beginning on the related Draw Down Notice Date and ending on and including the related Closing Date, the Common Stock shall have been listed on The American Stock Exchange, Inc.
The warranties shall be deemed to have been repeated as of each Draw Down Notice Date, as of each Closing Date and as of each date on which Shares or Warrants become issued pursuant to this Agreement with reference to the facts and circumstances existing on that date.
The maximum Draw Down Amount allowed under this Agreement shall be equal to the lesser of (i) $125,000.00 or (ii) 200% of the average daily trading volume for the ten (10) trading days immediately preceding the Draw Down Notice Date, multiplied by the lowest trading price for the Company’s common stock over the ten (10) trading days immediately preceding the Draw Down Notice Date.
The Purchaser shall be entitled to sell the Shares commencing on the Draw Down Notice Date and ending on the last day of the Pricing Period selected by the Company in the applicable Draw Down Notice and pay for that number of Shares sold no later than the Closing Date.
Each Draw Down Notice shall include a representation of the Company as to the number of Shares in issue on the related Draw Down Notice Date.
Notwithstanding anything to the contrary in this Agreement, in no event shall the Purchaser be required to subscribe for, and the Company shall in no event issue to the Purchaser, that number of Shares which when added to the sum of the number of Shares beneficially owned, by the Purchaser, would exceed 4.99% of the number of Shares in issue on the Draw Down Notice Date for such Pricing Period or such lesser or greater percentage as would require the Purchaser to make a notice filing..
The Shares are quoted and Traded on the Exchange without being suspended from Trading for more than a total of five (5) Trading Days during the period that is the shorter of the period during which the Shares were quoted, and the period of twelve (12) months before the relevant Draw Down Notice Date and the Closing Date, as the case may be.
On the Draw Down Notice Date, during the Draw Down Pricing Period through the Settlement Date, all of the Equity Conditions shall have been met.
The Investor hereby represents and warrants and undertakes to the Company that the statements provided in Clauses 5.1 to 5.3 are true and accurate in all respects and will be true and accurate on each Draw Down Notice Date, each Closing Date and each day on which Shares are to be issued pursuant to the Agreement.