Advance Requests. Subject to the terms, conditions and limitations of this Agreement (including, without limitation, the provisions of Article VII hereof), the Company may, at its sole and exclusive option, issue and sell to the Investor from time to time during the Commitment Period, and, except for conditions outside of the Investor’s control, the Investor shall purchase from the Company, shares of the Company’s Common Stock by the delivery, in the Company’s sole discretion, of Drawdown Notices in accordance with Section 2.2. Subject to the terms, conditions and limitations of this Agreement (including, without limitation, the provisions of Article VII hereof), the number of Advance Shares that the Investor shall purchase pursuant to a Drawdown Notice shall be determined by dividing the applicable Advance Request, as such Advance Request may be reduced pursuant to Section 2.2(c), by the Purchase Price with respect to such Drawdown Notice, together with such additional shares of Common Stock that may be purchased pursuant to Section 2.2(c).
Appears in 3 contracts
Samples: Drawdown Equity Financing Agreement (StrikeForce Technologies Inc.), Drawdown Equity Financing Agreement (Aqualiv Technologies, Inc.), Drawdown Equity Financing Agreement (Aqualiv Technologies, Inc.)
Advance Requests. Subject to the terms, conditions and limitations of this Agreement (including, without limitation, the provisions of Article VII hereof), the Company may, at its sole and exclusive option, issue and sell to the Investor from time to time during the Commitment Period, and, except for conditions outside of the Investor’s control, the Investor shall purchase from the Company, shares of the Company’s Common Stock by the delivery, in the Company’s sole discretion, of Drawdown Notices in accordance with Section 2.2. Subject to the terms, conditions and limitations of this Agreement (including, without limitation, the provisions of Article VII hereof), the number of Advance Shares that the Investor shall purchase pursuant to a Drawdown Notice shall be determined by dividing the applicable Advance Request, as such Advance Request may be reduced pursuant to Section 2.2(c), by the Purchase Price with respect to such Drawdown Notice, together with such additional shares of Common Stock that may be purchased pursuant to Section 2.2(c).. Exergetic Energy, Inc. XNGR.OB DEFA 5 2/10/2012
Appears in 1 contract
Samples: Drawdown Equity Financing Agreement (Exergetic Energy, Inc.)
