DELIVERY OF PUT NOTICES. (I) Subject to the terms and conditions of the Equity Line Transaction Documents, and from time to time during the Open Period, the Company may, in its sole discretion, deliver a Put Notice to the Investor which states the dollar amount (designated in U.S. Dollars) (the "Put Amount"), which the Company intends to sell to the Investor on a Closing Date (the "Put"). The Put Notice shall be in the form attached hereto as Exhibit C and incorporated herein by reference. The amount that the Company shall be entitled to Put to the Investor (the "Put Amount") shall be equal to, at the Company's election, either: (A) Two Hundred percent (200%) of the average daily volume (U.S. market only) of the Common Stock for the Ten (10) Trading Days prior to the applicable Put Notice Date, multiplied by the average of the three (3) daily closing bid prices immediately preceding the Put Date, or (B) two hundred fifty thousand dollars ($250,000). During the Open Period, the Company shall not be entitled to submit a Put Notice until after the previous Closing has been completed. The Purchase Price for the Common Stock identified in the Put Notice shall be equal to ninety-three percent (93%) of the lowest Volume Weighted Average Price (VWAP) of the Common Stock during the Pricing Period.
DELIVERY OF PUT NOTICES. Subject to the terms and conditions of the Registered Offering Transaction Documents, and from time to time during the Open Period, the Company may, in its sole discretion, deliver a Put Notice to the Investor which states the dollar amount (designated in U.S. Dollars) (the “Put Amount”), which the Company intends to sell to the Investor on a Closing Date (the “Put”). The Put Notice shall be in the form attached hereto as Exhibit C and incorporated herein by reference. During the Open Period, the Company shall not be entitled to submit a Put Notice until after the previous Closing has been completed.
DELIVERY OF PUT NOTICES. Subject to the terms and conditions herein, and from time to time during the Open Period, the Company may, in its sole discretion, deliver a Put Notice to the Investor which states the dollar amount (designated in U.S. Dollars), which the Company intends to sell to the Investor on a Closing Date (the “Put”). The Put Notice shall be in the form attached hereto as Exhibit C and incorporated herein by reference. The Purchase Price of the Put shall be eighty percent (80%) percent of the Market Price. Following an up-list to the NASDAQ or equivalent national exchange, the Purchase Price shall be ninety percent (90%) of the Market Price, subject to a floor price of $0.0001 per share, below which the Company shall not deliver a Put. During the Open Period, the Company shall not be entitled to submit a Put Notice until after the previous Closing has been completed. There will be a minimum of ten (10) trading days between Closings. No Put will be made in an amount equaling less than ten thousand dollars ($10,000) or greater than five hundred thousand dollars ($500,000).
DELIVERY OF PUT NOTICES. Subject to the terms and conditions of the Registered Offering Transaction Documents, and from time to time during the Open Period, the Company may, in its sole discretion, deliver a Put Notice to the Investor which states the share amount (designated in whole shares of the Company’s Common Stock), which the Company intends to sell to the Investor on a Closing Date (the “Put”). The Put Notice shall be in the form attached hereto as Exhibit B and incorporated herein by reference. Upon receipt of the Put Notice, the Investor shall deliver to the Company a Put Settlement Sheet on the Put Notice Date. The Put Settlement Sheet shall be in the form attached hereto as Exhibit C and incorporated herein by reference.
DELIVERY OF PUT NOTICES. Subject to the terms and conditions of the Transaction Documents, and from time to time during the Open Period the Company may, in its sole discretion, deliver a Put Notice to the Investor which states the Put Amount of Shares which the Company intends to sell to the Investor during the Pricing Period.The average dollar trading volume for the Company's Common Stock during the five (5) Trading Days prior to delivery of a Draw Down Notice must exceed $10,000. Also, all conditions set forth in the closing documents shall have been met and the registration statement covering the resale of the Common Stock must remain effective with no material changes affecting the Company which would require public disclosure or an update supplement of the pxxxxxxxxx.Xx addition, the Put Amount designated by the Company in a Put Notice shall not be less than $15,000 nor more than $150,000. Once the Put Notice is received by the Investor the Put Notice shall not be terminated, withdrawn or otherwise revoked by the Company except as set forth in this Agreement. During the Open Period, the Company shall not be entitled to submit a Put Notice until after the previous Closing has been completed. The Purchase Price shallbe equal to 85% of the average of the four (4) lowest closing bid prices of the Company's Common Stock during the ten (10) Trading Day Pricing Period.
DELIVERY OF PUT NOTICES. Subject to the terms and conditions of the Transaction Documents, and from time to time during the Open Period, the Company may, in its sole discretion, deliver a Put Notice to the Investor which states the number of Shares that the Company intends to sell to the Investor on a Closing Date (the "Put"). The Put Notice shall be in the form attached hereto as Exhibit B and incorporated herein by reference. The maximum number of Shares that the Company shall be entitled to Put to the Investor per any applicable Put Notice (the "Put Amount") shall not exceed the lesser of (i) 180% of the average daily trading volume of Company's common stock on the five Trading Days prior to the date the Put Notice is received by Investor and (ii) 110% of any previous Put Amount during the Open Period (or for the first Put Notice, 1,000,000 shares). Notwithstanding the preceding sentence, the Put Amount cannot exceed 4.99% of the outstanding shares of the Company. During the Open Period, the Company shall not be entitled to submit a Put Notice until after the previous Closing has been completed.
DELIVERY OF PUT NOTICES. (a) At any time prior to the earlier of (i) the date which is two years from the date hereof (the "Notice Termination Date") or (ii) termination of this Agreement in accordance with Article V herein, the Company may deliver written notices to the Investors (each such notice hereinafter referred to as a "Put Notice") stating a dollar amount (the "Dollar Amount") of Common Stock which the Company intends to sell to the Investors five business days following the date (the "Put Notice Date") on which the Put Notice is given to the Investors by the Company in accordance with Section 6.4 herein. "
DELIVERY OF PUT NOTICES. (a) At any time and from time to time during the period beginning on the Business Day following the initial effective date of the Registration Statement and ending on the earlier of (i) the date twenty-seven (27) months after the date hereof and (ii) termination of this Agreement in accordance with Article VIII (the "Open Period"), the Company may, in its sole discretion, deliver written notices to the Investor (each such notice hereinafter referred to as a "Put Notice") stating a dollar amount (the "Dollar Amount") of Common Stock which the Company intends to sell to the Investor within the thirty-five (35) Business Days (the "Purchase Period") following the date (the
DELIVERY OF PUT NOTICES. Subject to the satisfaction of the conditions set forth in this Section 1, at any time and from time to time during the period beginning on and including the Trading Day (as defined below) immediately following the date on which the initial Registration Statement (as defined in the Registration Rights Agreement) filed pursuant to the Registration Rights Agreement is declared effective (the "EFFECTIVE DATE") by the Securities and Exchange Commission (the "SEC") and ending on the earlier of (i) the date which is eighteen (18) months from the Effective Date, and (ii) termination of this Agreement in accordance with Section 8 (the time period between the Effective Date and the earlier of (i) and (ii) being known as the "OPEN PERIOD"), the Company may, in its sole discretion, deliver a written notice to the Investor (the "PUT NOTICE"). The Put Notice shall state the dollar amount (the "DOLLAR AMOUNT") of Shares that the Company intends to sell to the Investor during the period beginning on the trading day immediately following the date which the Investor receives the Put Notice (the "PUT NOTICE DATE") and ending on and including the date which is ten (10) Trading Days after such Put Notice Date (the "PURCHASE PERIOD"). A Put Notice shall be deemed delivered on (x) the Trading Day it is received by facsimile or otherwise by the Investor if such notice is received prior to 12:00 noon Eastern Time (receipt being deemed to occur if the Company possess a facsimile confirmation showing completed transmission by such time), or (y) the immediately succeeding Trading Day if it is received by facsimile or otherwise after 12:00 noon Eastern Time on a Trading Day (receipt being documented as described in (x) above). No Put Notice may be deemed delivered, on a day that is not a Trading Day. For purposes of this Agreement, "TRADING DAY" shall mean any day on which the Principal Market (as defined in Section 1(f)) for the Common Stock is open for trading. In addition, the Dollar Amount designated by the Company in a Put Notice shall be in increments of not less than $20,000 and not more $500,000 subject to the requirements set forth in this Agreement. Once the Put Notice is received by the Investor the Put Notice shall not be terminated, withdrawn or otherwise revoked by the Company. During the Open Period, Put Notices may be delivered no more frequently than once in each period of eleven (11) consecutive Trading Days, such that a Put Notice may not be given during a Purchase...
DELIVERY OF PUT NOTICES. Subject to the terms and conditions of this Agreement, and from time to time during the Open Period, the Company may, in its sole discretion, deliver a Put Notice to the Investor which states the Put Amount (the “Put”). The Put Notice shall be in the form attached hereto as Exhibit A.