Exchange Cap definition

Exchange Cap shall have the meaning set forth in Section 7.1(c).

Exchange Cap shall have the meaning set forth in Section 2.01(c)(iii).

Exchange Cap shall have the meaning assigned to such term in Section 3.4(a).

Examples of Exchange Cap in a sentence

• In connection with each Advance Notice, any portion of an Advance that would exceed the Exchange Cap shall automatically be withdrawn with no further action required by the Company or the Investor, and such Advance Notice shall be deemed automatically modified to reduce the aggregate amount of the requested Advance by an amount equal to such withdrawn portion in respect of each Advance Notice.

• In no event shall an Advance exceed the amount registered under the Registration Statement then in effect (the “Registration Limitation”) or the Exchange Cap to the extent applicable.

• For the avoidance of doubt, the Company may, but shall be under no obligation to, request its stockholders approve the issuance of Common Stock pursuant to this Agreement; provided, however, that if such stockholder approval is not obtained, the Exchange Cap shall be applicable for all purposes of this Agreement and the transactions contemplated hereby at all times during the term of this Agreement (except as set forth in Section 3.3(b)).

• The Exchange Cap has not been reached (to the extent the Exchange Cap is applicable pursuant to Section 7.1(d) hereof).

• The Exchange Cap shall be appropriately adjusted for any reorganization, recapitalization, non-cash dividend, stock split, reverse stock split or other similar transaction.

More Definitions of Exchange Cap

Exchange Cap shall have the meaning set forth in Section 4(e).

Exchange Cap shall have the meaning set forth in Section 5.10;

Exchange Cap means that number of shares of Common Stock or Common Stock Equivalents pursuant to this Agreement and the other Transaction Documents to the extent that after giving effect thereto, the aggregate number of shares of Common Stock that would be issued as well as permitted to vote pursuant to this Agreement and such Transaction Documents would not exceed 19.99% of the Company’s outstanding shares of Common Stock as of the date hereof.

Exchange Cap has the meaning set forth in Section 5(b).

Exchange Cap has the meaning set forth in Section 2.06.

Exchange Cap shall have the meaning assigned to such term in Section 3.3(i) of this Agreement.

Exchange Cap shall have the meaning set forth in Section 8.2(g).