Examples of VWAP Purchase Notice in a sentence
The issuance and sale of the VWAP ADSs issuable pursuant to the applicable VWAP Purchase Notice shall not (a) exceed the applicable VWAP Purchase Maximum Amount, or (b) cause the Beneficial Ownership Limitation to be exceeded.
The Investor is obligated to accept each VWAP Purchase Notice properly delivered by the Company in accordance with the terms of and subject to the satisfaction of the conditions contained in this Agreement.
The right of the Company to deliver a VWAP Purchase Notice under this Agreement after the Commencement Date, and the obligation of the Investor to accept a VWAP Purchase Notice delivered to the Investor by the Company under this Agreement after the Commencement Date, are subject to the satisfaction of each of the conditions set forth in this Section 7.3 at the applicable VWAP Purchase Condition Satisfaction Time for the VWAP Purchase to be effected by such VWAP Purchase Notice.
Notwithstanding the foregoing and for the avoidance of doubt, all ADSs to be issued in respect of any VWAP Purchase Notice delivered to the Investor pursuant to this Agreement shall be issued to the Investor in accordance with Section 3.2 by crediting the Investor’s or its designees’ account at DTC as DWAC ADSs, and, subject to applicable law, the Company shall not take any action or give instructions to any transfer agent, share registrar or depositary of the Company otherwise.
The Commitment Ordinary Shares to be issued and delivered to the Investor pursuant to Section 10.1(ii) hereof will be, and the Ordinary Shares to be represented by the VWAP ADSs to be purchased by the Investor pursuant to a particular VWAP Purchase Notice will be, prior to the delivery to the Investor hereunder of such VWAP Purchase Notice, duly authorized by all necessary corporate action on the part of the Company.