First Put Limit definition

First Put Limit shall have the meaning set forth in Section 2.3.1(b).
First Put Limit means a number of Put Shares equal to the lesser of (i) 17.5% of the sum of the aggregate daily reported trading volumes in the outstanding Common Stock on the Company's Principal Market, excluding any block trades which exceed "X" shares of Common Stock made by persons other than the Investor or any affiliates of the Investor, for all Evaluation Days (as defined in Section 2.3.7(b) below) in the First Pricing Period (this limitation is referred to herein as the "First Volume Limitation"), where "X" shall equal the lesser of (x) 100,001 shares or (y) 25% of that day's trading volume, (ii) the Intended Put Share Amount, and (iii) the number of Put Shares which, when multiplied by their respective Put Share Prices, equals the Maximum Put Dollar Amount. The "Second Put Limit" shall mean a number of Put Shares equal to the lesser of (i) 17.5% of the sum of the aggregate daily reported trading volumes in the outstanding Common Stock on the Company's Principal Market, excluding any block trades which exceed "X" (as defined above) shares of Common Stock made by persons other than the Investor or any affiliates of the Investor, for all Evaluation Days (as defined in Section 2.3.7(b) below) in the Second Pricing Period (this limitation is referred to herein as the "Second Volume Limitation," which, together with the First Volume Limitation is referred to as the Volume Limitations), (ii) the difference of the Intended Put Share Amount minus the First Put Limit, and (iii) the number of Put Shares which, when multiplied by their respective Put Share Prices, and added to the First Put Limit, equals the Maximum Put Dollar Amount. Company agrees not to trade Common Stock or arrange for Common Stock to be traded for the purpose of artificially increasing the Volume Limitations. Notwithstanding the above, in no event shall the sum of the First Put Limit and the Second Put Limit exceed 17.5% of the sum of the aggregate daily reported trading volumes in the outstanding Common Stock on the Company's Principal Market, excluding any block trades which exceed "X" (as defined above) shares of Common Stock made by persons other than the Investor or any affiliates of the Investor, for the twenty (20) Trading Days immediately preceding the Put Date (this limitation, together with the limitation in (i) immediately above, are collectively referred to herein as the "Volume Limitations"). In the event of any future change in the Nasdaq's "double counting" rules, the 17.5% percentage of ...
First Put Limit means the sum of the Daily Accrued Amounts from each Evaluation Day in the First Pricing Period. In the event that the First Put Limit exceeds the number of Remaining Registered Put Shares (as defined below) under the effective Equity Line Registration Statement (as defined below), then the difference between the First Put Limit and the number of Remaining Registered Put Shares shall be issued to Swaxxx xx restricted shares (the "Restricted Shares"). Any such Restricted Shares issued to Swaxxx xxall have "piggyback" registration rights with regard to the next registration statement filed by the Company.

Examples of First Put Limit in a sentence

  • With respect to each Put, the Put Share Price for a number of Put Shares equal to the First Put Limit for that Put shall be determined on the First Pricing Date, and the Put Share Price for a number of Put Shares equal to the Second Put Limit for that Put shall be determined on the Second Pricing Date.

  • The "Individual Put Limit" is the number of shares of Common Stock that the Investor shall be obligated to purchase in a given Put, and shall equal the sum of the First Put Limit and the Second Put Limit for that Put, but shall not exceed 9.9% of the total amount of the Company's Common Stock that would be outstanding upon completion of the Put.

  • The "Individual Put Limit" is the number of shares of Common Stock that the Investor shall be obligated to purchase in a given Put, and shall equal the sum of the First Put Limit and the Second Put Limit for that Put, subject to the further limitations set forth in this subsection (b).


More Definitions of First Put Limit

First Put Limit means a number of Put Shares equal to the lesser of (i) 20% of the sum of the aggregate daily reported Trading Volumes in the outstanding Common Stock on the Company's Principal Market, excluding any block trades which exceed "X" shares of Common Stock made by persons other than
First Put Limit means a number of Put Shares equal to the lesser of (i) 20% of the sum of the aggregate daily reported Trading Volumes in the outstanding Common Stock on the Company's Principal Market, excluding any block trades which exceed "X" shares of Common Stock made by persons other than the Investor or any affiliates of the Investor, for all Evaluation Days (as defined in Section 2.3.1(b) below) in the First Pricing Period (this limitation is referred to herein as the "First Volume Limitation"), where "X" shall equal the lesser of (x) 100,001 shares or (y) 25% of that day's Trading Volume, (ii) the Intended Put Share Amount, and (iii) the number of Put Shares which, when multiplied by their respective Put Share Prices, equals the Maximum Put Dollar Amount.

Related to First Put Limit

  • Interim Financing means any new financial assistance, provided by an existing or a new creditor, that includes, as a minimum, financial assistance during the stay of individual enforcement actions, and that is reasonable and immediately necessary for the debtor's business to continue operating, or to preserve or enhance the value of that business;

  • Life-of-the-unit, firm power contractual arrangement means a unit participation power sales agreement under which a utility or industrial customer reserves, or is entitled to receive, a specified amount or percentage of nameplate capacity and associated energy from any specified unit and pays its proportional amount of such unit's total costs, pursuant to a contract:

  • Final Closing Working Capital has the meaning set forth in Section 2.5(d).

  • Amount Financed means, with respect to a Receivable, the aggregate amount advanced under such Receivable toward the purchase price of the Financed Vehicle and any related costs, including amounts advanced in respect of accessories, insurance premiums, service contracts, car club and warranty contracts, other items customarily financed as part of motor vehicle retail installment sale contracts or promissory notes, and related costs.

  • Performing Cash Pay Mezzanine Investments means Mezzanine Investments (a) as to which, at the time of determination, not less than 2/3rds of the interest (including accretions and “pay-in-kind” interest) for the current monthly, quarterly, semi-annual or annual period (as applicable) is payable in cash and (b) which are Performing.

  • Acceptable earned value management system means an earned value management system that generally complies with system criteria in paragraph (b) of this clause.

  • Expiry Date (Data di Scadenza) means the Expiry Date as specified in § 1 of the Product and Underlying Data.

  • Initial Financing Spread means 0.50% per annum.

  • Closing Date Indebtedness means the aggregate amount of Indebtedness of the Company as of immediately prior to the Closing.

  • Performing Cash Pay High Yield Securities means High Yield Securities (a) as to which, at the time of determination, not less than 2/3rds of the interest (including accretions and “pay-in-kind” interest) for the current monthly, quarterly, semiannual or annual period (as applicable) is payable in cash and (b) which are Performing.

  • Advance Reimbursement Amount has the meaning stated in Section 4.4(b) of the Servicing Supplement.

  • Working Capital Advance has the meaning specified in Section 2.01(a).

  • Advance Amount means with respect to Class A Advances, the Class A Advance Amount and, with respect to Class B Advances, the Class B Advance Amount.

  • Gross advance amount means the sum payable to the payee or for the payee's account as consideration for a transfer of structured settlement payment rights before any reductions for transfer expenses or other deductions to be made from such consideration.

  • Professional Fee Amount means the aggregate amount of Professional Fee Claims and other unpaid fees and expenses that Professionals estimate they have incurred or will incur in rendering services to the Debtors prior to and as of the Confirmation Date, which estimates Professionals shall deliver to the Debtors as set forth in Article II.B of the Plan.

  • Post-Stabilization Care means Medically Neces- sary services received after the treating physician determines the emergency medical condition is stabilized.

  • Closing Cash Payment has the meaning set forth in Section 2.06(a).

  • Financial Closure or Project Financing Arrangements means the agreements pursuant to which the SPG has sought financing for the Power Project including the loan agreements, security documents, notes, indentures, security agreements, letters of credit and other documents, as may be amended, modified, or replaced from time to time, but without in anyway increasing the liabilities of JDVVNL.

  • Closing Date Working Capital has the meaning specified in Section 2.3(b).

  • MONTHLY KILOMETREAGE STATEMENT CUM BILL means the format specified by the Company.

  • Final Closing Cash shall have the meaning set forth in Section 2.11(g).

  • Additional Financing has the meaning set forth in Section 16.3(a).

  • AHYDO Catch-Up Payment means any payment with respect to any obligations of the Borrower or any Restricted Subsidiary, in each case to avoid the application of Section 163(e)(5) of the Code thereto.

  • Professional Fee Reserve Amount means the total amount of Professional Fee Claims estimated in accordance with Article II.A.2(c) of the Plan.

  • Final Closing Indebtedness means the aggregate amount of Closing Indebtedness set forth in the Final Closing Statement.

  • Estimated Closing Working Capital has the meaning set forth in Section 2.04(a)(ii).