Investor Notice definition
Examples of Investor Notice in a sentence
Following the issuance of a Regular Purchase Notice, except in connection with an Investor Notice, the Company may only issue a subsequent Purchase Notice upon the later of (i) the Trading Day following the conclusion of the Regular Pricing Period, and (ii) the aggregate daily trading volume, during the regular market hours of the Trading Market (the “Daily Traded Amount”), of the Common Stock exceeding five (5) times the Regular Purchase Quantity (the “Regular Purchase Standstill Period”).
Following the issuance of an Intraday Purchase Notice, except in connection with an Investor Notice, the Company may only issue a subsequent Purchase Notice upon the conclusion of each Intraday Pricing Period (the “Intraday Purchase Standstill Period”).
Upon the terms and subject to the conditions of this Agreement, during the Commitment Period, the Company, at its sole discretion, shall have the right, but not the obligation (except pursuant to an Investor Notice), to issue and sell to the Investor, and the Investor shall purchase from the Company, Advance Shares (as defined herein) by the delivery to the Investor of Purchase Notices.
Except pursuant to an Investor Notice, there shall not be any balance remaining outstanding under the Promissory Note.
The Company acknowledges that, other than in connection with an Investor Notice, the Purchase Price is not known at the time a Purchase Notice is delivered (at which time the Investor is irrevocably bound) but shall be determined on each Closing based on the daily prices of the Common Stock that are the inputs to the determination of the Purchase Price.