Examples of Purchase Notice Shares in a sentence
The Investor is solely relying on the Registration Statement, the Prospectus, and the SEC Documents, in determining whether to acquire the Purchase Notice Shares.
The number of Purchase Notice Shares then to be purchased by the Investor shall not exceed the number of such shares that, when aggregated with all other shares of Common Stock then owned by the Investor beneficially or deemed beneficially owned by the Investor, would result in the Investor owning more than the Beneficial Ownership Limitation (as defined below), as determined in accordance with Section 13 of the Exchange Act.
The Company may terminate this Agreement at any time by written notice to the Investor, except during at any time that the Investor holds any of the Purchase Notice Shares.
In the event of a suspension, delisting, or halting for any reason, of the trading of the Common Stock, as contemplated by this Section 7.2(g), the Investor shall have the right to return to the Company any amount of Purchase Notice Shares associated with such Purchase Notice, and the Investment Amount with respect to such Purchase Notice shall be refunded accordingly.
The Company further acknowledges that the Investor is not acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to this Agreement and the transactions contemplated hereby and thereby, and any advice given by the Investor or any of its representatives or agents in connection with the Agreement and the transactions contemplated hereby and thereby is merely incidental to the Investor’s purchase of the Purchase Notice Shares.
Each Trading Day beginning on the Purchase Notice Date for which the VWAP of the Common Stock is below the MAP in effect with respect to such Purchase Notice, shall result in an automatic reduction to the amount of the Purchase Notice Shares set forth in such Purchase Notice by 33.3% (“Excluded Day” and the resulting amount of each Purchase Notice being the “Adjusted Purchase Amount”) and the VWAP of the Common Stock for that Trading Day will be excluded from the calculation of the Purchase Price.
The issuance of the Purchase Notice Shares shall not violate the shareholder approval requirements of the Principal Market.
No later than 3:00 p.m. New York time on the Closing Date, the Company shall deliver the Purchase Notice Shares as DWAC Shares to the Investor.
The Company shall file with the SEC, within forty five (45) Business Days from the Execution Date, a registration statement on Form S-1 covering the offering and sale of the Purchase Notice Shares and the Commitment Shares (the “Registration Statement”).
No restrictive stock legend shall be placed on the share certificates representing the Purchase Notice Shares.