Trading Market Limit definition

Trading Market Limit means that number of shares which is one less than 20.0% of the issued and outstanding shares of the Company’s Common Stock as of the Effective Date.

Trading Market Limit means 8,423,431 shares of duly authorized, validly issued, fully paid and non-assessable shares of Common Stock (as adjusted for any stock splits, stock combinations, stock dividends, recapitalizations and other similar transactions that occur on or after the date of this Agreement); provided, however, that the Trading Market Limit shall not exceed under any circumstances that number of shares of Common Stock that the Company may issue pursuant to this Agreement and the transactions contemplated hereby without (a) breaching the Company’s obligations under the rules and regulations of the Trading Market or (b) obtaining stockholder approval under the applicable rules and regulations of the Trading Market.

Trading Market Limit means, at any time, 29,204,965 shares of duly authorized, validly issued, fully paid and non-assessable shares of Common Stock (as such number may be adjusted for any stock splits, stock combinations, stock dividends, recapitalizations and other similar transactions that occur on or after the date of this Agreement); provided, however, that the Trading Market Limit shall not exceed under any circumstances that number of shares of Common Stock that the Company may issue pursuant to this Agreement and the transactions contemplated hereby without (a) breaching the Company’s obligations under the rules and regulations of the Trading Market or (b) obtaining stockholder approval under the applicable rules and regulations of the Trading Market.

Examples of Trading Market Limit in a sentence

• Unless earlier terminated as provided hereunder, this Agreement shall terminate automatically on the earliest of (i) the first day of the month next following the 18-month anniversary of the Effective Date (the “Investment Period”), (ii) the date that the entire dollar amount of Shares registered under the Registration Statement have been issued and sold and (iii) the date the Investor shall have purchased the Total Commitment of shares of Common Stock (subject in all cases to the Trading Market Limit).

• Unless earlier terminated as provided hereunder, this Agreement shall terminate automatically on the earliest of (i) the first day of the month next following the 24-month anniversary of the Effective Date (the “Investment Period”), (ii) the date that the entire dollar amount of Shares registered under the Registration Statement have been issued and sold and (iii) the date the Investor shall have purchased the Total Commitment of shares of Common Stock (subject in all cases to the Trading Market Limit).

• Unless earlier terminated as provided hereunder, this Agreement shall terminate automatically on the earliest of (i) the first day of the month next following the 24-month anniversary of the Effective Date (the “Investment Period”), (ii) the date that the aggregate dollar amount of Shares registered under the Registration Statement have been issued and sold and (iii) the date the Investor shall have purchased the Total Commitment of shares of Common Stock (subject in all cases to the Trading Market Limit).

• The Company and the Investor have entered into that certain Common Stock Purchase Agreement, dated as of the date hereof (the “Purchase Agreement”), pursuant to which the Company may issue, from time to time, to the Investor up to the lesser of (i) $15,000,000 of newly issued shares of the Company’s common stock, $0.01 par value (“Common Stock”), and (ii) the Trading Market Limit (as defined in the Purchase Agreement), as provided for therein.

• Unless earlier terminated as provided hereunder, this Agreement shall terminate automatically on the earliest of (i) the first day of the month next following the 18-month anniversary of the Effective Date (the “Investment Period”), (ii) the date that the aggregate dollar amount of Shares registered under the Registration Statement have been issued and sold and (iii) the date the Investor shall have purchased the Total Commitment of shares of Common Stock (subject in all cases to the Trading Market Limit).

• The Company and the Investor have entered into that certain Common Stock Purchase Agreement, dated as of the date hereof (the “Purchase Agreement”), pursuant to which the Company may issue, from time to time, to the Investor up to the lesser of (i) $35,000,000 of newly issued shares of the Company’s common stock, $0.001 par value (“Common Stock”), and (ii) the Trading Market Limit (as defined in the Purchase Agreement), as provided for therein.

• No Material Adverse Effect No Undisclosed Liabilities Trading Market Limit Assets and Real Property Actions Pending Compliance With Law Certain Fees Operation of Business.

• Unless earlier terminated as provided hereunder, this Agreement shall terminate automatically on the earliest of (i) the first day of the month next following the 24-month anniversary of the Effective Date (the “Investment Period”), (ii) the date that the entire dollar amount of Shares registered under the Registration Statement have been issued and sold and (iii) the date the Investor shall have purchased the Total Commitment of Common Shares (subject in all cases to the Trading Market Limit).

• The Company and the Investor have entered into that certain Common Stock Purchase Agreement, dated as of the date hereof (the “Purchase Agreement”), pursuant to which the Company may issue, from time to time, to the Investor up to the lesser of (i) $40,000,000 of newly issued shares of the Company’s common stock, $0.01 par value (“Common Stock”), and (ii) the Trading Market Limit (as defined in the Purchase Agreement), as provided for therein.

• Unless earlier terminated as provided hereunder, this Agreement shall terminateautomatically on the earliest of (i) the first day of the month next following the 18-month anniversary of the Effective Date (the “Investment Period”), (ii) the date that the entire dollar amount of Shares registered under the Registration Statement have been issued and sold and (iii) the date the Investor shall have purchased the Total Commitment of shares of Common Stock (subject in all cases to the Trading Market Limit).

More Definitions of Trading Market Limit

Trading Market Limit means 2,404,434 shares of duly authorized, validly issued, fully paid and nonassessable shares of Common Stock (as adjusted for any stock splits, stock combinations, stock dividends, recapitalizations and other similar transactions that occur on or after the date of this Agreement); provided, however, that the Trading Market Limit shall not exceed under any circumstances that number of shares of Common Stock that the Company may issue pursuant to this Agreement and the transactions contemplated hereby without (a) breaching the Company’s obligations under the rules and regulations of the Trading Market or (b) obtaining stockholder approval under the applicable rules and regulations of the Trading Market.

Trading Market Limit means that number of shares which is one less than 20.0% of the issued and outstanding shares of the Common Stock as of the Effective Date.

Trading Market Limit means that number of shares which, together with the number of shares that are issued or are potentially issuable upon conversion of the Promissory Note in accordance with its terms (as such number of shares potentially issuable thereunder may be reduced upon prepayment by the Company of all or any portion of the outstanding principal amount thereunder from time-to-time), is one less than 20.0% of the issued and outstanding shares of the Company’s Common Stock as of the date of the Italian Asset Purchase Agreement, subject to proportional adjustment for stock splits, stock dividends, recapitalizations, reverse stock splits, combinations and the like.

Trading Market Limit means 4,906,904 shares of duly authorized, validly issued, fully paid and non-assessable Common Shares (as adjusted for any share splits, share combinations, share dividends, recapitalizations and other similar transactions that occur on or after the date of this Agreement); provided, however, that the Trading Market Limit shall not exceed under any circumstances that number of Common Shares that the Company may issue pursuant to this Agreement and the transactions contemplated hereby without (a) breaching the Company’s obligations under the rules and regulations of the Trading Market or (b) obtaining shareholder approval under the applicable rules and regulations of the Trading Market.

Trading Market Limit means, at any time, 8,106,329 shares of duly authorized, validly issued, fully paid and non-assessable shares of Common Stock (as adjusted for any stock splits, stock combinations, stock dividends, recapitalizations and other similar transactions that occur on or after the date of this Agreement); provided, however, that the Trading Market Limit shall not exceed under any circumstances that number of shares of Common Stock that the Company

Trading Market Limit means that number of shares which is one less than 20.0% of the issued and outstanding shares of the Company’s Common Stock as of the Effective Date; provided, however, that in the event the Company shall commence a transaction involving the offer or sale of Common Stock or securities convertible into or exchangeable for Common Stock (other than a “public offering” (within the meaning and for purposes of IM-4350-3 of the NASDAQ Marketplace Rules) of Common Stock or securities convertible into or exchangeable for Common Stock) that may be aggregated with the transactions contemplated by this Agreement for purposes of determining whether approval of the Company’s stockholders is required under any bylaw, listed securities maintenance standards or other rules of the Trading Market, the “Trading Market Limit” shall mean that number of shares which, when added to the total number of shares of the Company’s Common Stock that may be issued pursuant to such transaction, is one less than 20% of the issued and outstanding shares of the Company’s Common Stock as of the Effective Date.