Common use of DELIVERY OF PUT NOTICES Clause in Contracts

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.

Appears in 8 contracts

Samples: Investment Agreement (Mezey Howarth Racing Stables, Inc.), Investment Agreement (Mezey Howarth Racing Stables, Inc.), Investment Agreement (Mezey Howarth Racing Stables, Inc.)

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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) closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 6 contracts

Samples: Investment Agreement (SportsQuest, Inc.), Investment Agreement (Buyer Group International, Inc.), Investment Agreement (Voiceserve Inc)

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"), ”) of Shares 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 Put Amount shall be entitled to Put to the Investor (the "Put Amount"not exceed either 1) shall be equal to, at the Company's election, either: (A) Two Hundred two hundred percent (200%) of the average daily volume (U.S. market only) of the Common Stock for the Ten three (103) 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, Date or (B2) two hundred fifty thousand dollars ($250,00050,000), or such lesser amount in either instance as shall be specified in the Put Notice by the Company. During the Open PeriodBeginning on any Put Notice Date, the Company shall not be entitled to submit a another Put Notice until after the previous Closing applicable Pricing Period has been completed. The Purchase Price for the Common Stock identified in the Put Notice shall be purchased for a price equal to ninety-three percent (93%) of the lowest Volume Weighted Average Price (VWAP) of the Common Stock during the Pricing PeriodPurchase Price.

Appears in 5 contracts

Samples: Investment Agreement (Turbosonic Technologies Inc), Investment Agreement (Turbosonic Technologies Inc), Registration Rights Agreement (Turbosonic Technologies Inc)

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 F 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 twenty (1020) 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 One Hundred Thousand dollars ($250,000100,000); provided that in no event will the Put Amount be more than One Million Dollars ($1,000,000) with respect to any single Put. 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 five percent (93%) 95)% of the lowest Volume Weighted Average Price (VWAP) closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 4 contracts

Samples: Investment Agreement (Nexia Holdings Inc), Investment Agreement (Nexia Holdings Inc), Investment Agreement (Nexia Holdings Inc)

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 four percent (9394%) of the lowest Volume Weighted Average Price (VWAP) closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 4 contracts

Samples: Investment Agreement (Alliance Recovery Corp), Investment Agreement (Somerset International Group,inc.), Investment Agreement (On the Go Healthcare Inc)

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 Put Amount (designated in U.S. Dollars) (the "Put Amount"), which the Company intends to sell to the Investor on a Closing Date (the "Put")Date. The Put Notice shall be in the form attached hereto as Exhibit C F 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 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 One-Hundred Thousand dollars ($250,000100,000); provided that in no event will the Put Amount be more than One Million Dollars ($1,000,000) with respect to any single Put. 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 five percent (9395%) of the lowest Volume Weighted Average Price (VWAP) closing bid price of the Common Stock during the Pricing Period.

Appears in 3 contracts

Samples: Investment Agreement (Egpi Firecreek, Inc.), Investment Agreement (Egpi Firecreek, Inc.), Investment Agreement (Seawright Holdings Inc)

DELIVERY OF PUT NOTICES. (Ii) 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 Put Amount (designated in U.S. Dollarsshares of Common Stock) (the "Put Amount"), which the Company intends to sell to the Investor on a Closing Date (the "Put")Date. The Put Notice shall be in the form attached hereto as Exhibit C "F" and incorporated herein by reference. The Put Amount designated by the Company in the form of a Put Notice shall be as follows: 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: (Aa) Two Hundred percent (200%) % of the average daily volume (U.S. market only) of the Common Stock for the Ten 10 (10ten) Trading Days prior to the applicable Put Notice Date, Date multiplied by the average of the three (3) daily closing best bid prices immediately preceding the Put Date, or (Bb) two hundred fifty thousand dollars ($250,000)50,000. In no event shall the amount of the Put be more than $1,000,000. 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 94% (ninety-three percent (93%four percent) of the three lowest Volume Weighted Average Price (VWAP) closing best bid prices of the Common Stock during the Pricing Period.

Appears in 3 contracts

Samples: Investment Agreement (Vital Products, Inc.), Investment Agreement (On the Go Healthcare Inc), Investment Agreement (On the Go Healthcare Inc)

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 five hundred fifty thousand dollars ($250,000500,000). 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) closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 3 contracts

Samples: Investment Agreement (Eagle Broadband Inc), Investment Agreement (Eagle Broadband Inc), Investment Agreement (MediaG3, Inc)

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) closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 3 contracts

Samples: Investment Agreement (Turbine Truck Engines Inc), Investment Agreement (Blackhawk Fund), Investment Agreement (Gift Liquidators Inc)

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, to either: (A) Five million dollars ($5,000,000) or (B) Two Hundred percent (200%) of the average daily volume (U.S. market only) of the Common Stock for the Ten three (103) 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 seventy percent (9370%) of the lowest Volume Weighted Average Price (VWAP) VWAP of the Common Stock during the Pricing Period.

Appears in 2 contracts

Samples: Investment Agreement (USA Synthetic Fuel Corp), Investment Agreement (USA Synthetic Fuel Corp)

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 ($250,00050,000). 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 five percent (9395%) of the lowest Volume Weighted Average Price (VWAP) closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 2 contracts

Samples: Investment Agreement (Payment Data Systems Inc), Amended Investment Agreement (Payment Data Systems Inc)

DELIVERY OF PUT NOTICES. (Ii) 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"), Amount which the Company intends to sell to the Investor on a Closing Date (the "Put")Date. The Put Notice shall be in the form attached hereto as Exhibit C B and incorporated herein by reference. The amount that the Company shall be entitled to Put to the Investor in any single Put Notice (the "Put Amount") shall be equal to, at the Company's election, either: (Aa) Two Hundred two hundred percent (200%) of the average daily volume (U.S. market only) of the Common Stock for the Ten ten (10) Trading Days prior to the applicable Put Notice Date, multiplied by the average of the three (3) daily closing bid Best Bid prices immediately preceding the Put Date, or (Bb) two hundred fifty thousand dollars $50,000; provided that in no event will the Put Amount be more than One Million Dollars ($250,000)1,000,000) with respect to any single Put. 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 six percent (9396%) of the lowest Volume Weighted Average Price (VWAP) closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 2 contracts

Samples: Investment Agreement (12 to 20 Plus Inc), Investment Agreement (12 to 20 Plus Inc)

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 Put Amount (designated in U.S. Dollars) (the "Put Amount"), which the Company intends to sell to the Investor on a Closing Date (the "Put")Date. The Put Notice shall be in the form attached hereto as Exhibit C F 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, eitherthe greater of: (A) Two Hundred percent (200%) of the average daily volume (U.S. market only) of the Common Stock for the Ten 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 One Hundred Thousand dollars ($250,000100,000); provided that in no event will the Put Amount be more than One Million Dollars ($1,000,000) with respect to any single Put. 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.

Appears in 2 contracts

Samples: Investment Agreement (Ophthalmic Imaging Systems), Investment Agreement (Ophthalmic Imaging Systems)

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 twenty (1020) 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 Five Hundred Thousand dollars ($250,000500,000). 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 five percent (93%) 95)% of the lowest Volume Weighted Average Price (VWAP) closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 2 contracts

Samples: Investment Agreement (Hyperdynamics Corp), Investment Agreement (Hyperdynamics Corp)

DELIVERY OF PUT NOTICES. (Ii) 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 Put Amount (designated in U.S. Dollarsshares of Common Stock) (the "Put Amount"), which the Company intends to sell to the Investor on a Closing Date (the "Put")Date. The Put Notice shall be in the form attached hereto as Exhibit C "F" and incorporated herein by reference. The Put Amount designated by the Company in the form of a Put Notice shall be as follows: 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: (Aa) Two Hundred percent (200%) % of the average daily volume (U.S. market only) of the Common Stock for the Ten 20 (10twenty) Trading Days prior to the applicable Put Notice Date, Date multiplied by the average of the three (3) daily closing bid prices immediately preceding the Put Date, or (Bb) two hundred fifty thousand dollars ($250,000)50,000; but in no event more than $1,000,000. 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 95% (ninety-three percent (93%five percent) of the lowest Volume Weighted Average Price (VWAP) closing bid price of the Common Stock during the Pricing Period.

Appears in 2 contracts

Samples: Investment Agreement (Locateplus Holdings Corp), Investment Agreement (Locateplus Holdings Corp)

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 Put Amount (designated in U.S. Dollars) (the "Put Amount"), which the Company intends to sell to the Investor on a Closing Date (the "Put")Date. The Put Notice shall be in the form attached hereto as Exhibit C F 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 3 (103) 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 One-Hundred Thousand dollars ($250,000100,000); provided that in no event will the Put Amount be more than One Million Dollars ($1,000,000) with respect to any single Put. 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 five percent (9395%) of the lowest Volume Weighted Average Price (VWAP) closing bid price of the Common Stock during the Pricing Period.

Appears in 2 contracts

Samples: Investment Agreement (Apolo Gold & Energy Inc.), Investment Agreement (Apolo Gold & Energy Inc.)

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 CompanyInvestor's election, either: (A) Two Five Hundred percent (200500%) of the average daily volume (U.S. market only) of the Common Stock for the Ten five (105) Trading Days prior to the applicable Put Notice Date, multiplied by the average of the three five (35) daily closing bid prices immediately preceding the Put Date, or (B) two five hundred fifty thousand dollars ($250,000500,000). 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 ninety five percent (9395%) of the lowest Volume Weighted Average Price (VWAP) closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 2 contracts

Samples: Investment Agreement (Flint Telecom Group Inc.), Investment Agreement (Flint Telecom Group Inc.)

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 CompanyInvestor's election, either: (A) Two Hundred percent (200%) of the average daily volume (U.S. market only) of the Common Stock for the Ten three (103) 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 one million dollars ($250,0001,000,000). 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 five percent (9395%) of the lowest Volume Weighted Average Price (VWAP) closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 2 contracts

Samples: Registration Rights Agreement (Wildcap Energy Inc.), Investment Agreement (WildCap Energy Inc.)

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 Investor’s election, either: (A) up to 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 up to minimum five million dollars ($250,0005,000,000). 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 eighty five percent (9385%) of the lowest Volume Weighted Average Price (VWAP) closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 2 contracts

Samples: Investment Agreement (Pgi Energy Fund I Series-2010,inc), Investment Agreement (Pgi Energy Fund I Series-2010,inc)

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 three (103) 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 one million dollars ($250,0001,000,000). 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 ninety percent (9390%) of the lowest Volume Weighted Average Price (VWAP) closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 2 contracts

Samples: Investment Agreement (Medical Billing Assistance, Inc.), Investment Agreement (Penny Auction Solutions Inc)

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 Two Hundred Thousand dollars ($250,000200,000). 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) closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 2 contracts

Samples: Investment Agreement (Walker Financial Corp), Investment Agreement (Walker Financial Corp)

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: (Aa) 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 (Bb) 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) closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 2 contracts

Samples: Investment Agreement (Myriad Entertainment & Resorts, Inc.), Investment Agreement (Myriad Entertainment & Resorts, Inc.)

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 five hundred fifty thousand dollars ($250,000500,000). 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) closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 2 contracts

Samples: Investment Agreement (Eagle Broadband Inc), Investment Agreement (Eagle Broadband Inc)

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 Three (103) 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 one hundred fifty thousand dollars ($250,000150,000). 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 five percent (9395%) of the lowest Volume Weighted Average Price (VWAP) closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (Tank Sports, Inc.)

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 six percent (9396%) of the lowest Volume Weighted Average Price (VWAP) closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (Clean Power Technologies Inc.)

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 A 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 ’s election, either: (A) Two Hundred percent (200%) of the average daily volume (U.S. market only) of the Common Stock for the Ten three (103) 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 one million dollars ($250,0001,000,000). 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 ninety percent (9390%) of the lowest Volume Weighted Average Price (VWAP) closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Security Purchase Agreement (Penny Auction Solutions Inc)

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 five hundred fifty thousand dollars ($250,000500,000.00). 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 five percent (9395%) of the lowest Volume Weighted Average Price (VWAP) closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (Wherify Wireless Inc)

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 five million dollars ($250,0005,000,000). 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 ninetyeighty-three five percent (9385%) of the lowest Volume Weighted Average Price (VWAP) closing Best Bid price of the Common Stock during the Pricing Period. Provided however, and notwithstanding the foregoing, that the first purchase of Shares shall proceed as follows: The Investor will purchase the first 3,496,503 shares (for $5,000,000.00) within thirty (30) days following the Effective Date. No Shares will be sold for less than $1.43 per share.

Appears in 1 contract

Samples: Investment Agreement (Bonfire Productions, Inc.)

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 maximum amount that the Company shall be entitled to Put to the Investor in any single Put Notice (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 four percent (9394%) of the lowest Volume Weighted Average Price (VWAP) closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (China Agro Sciences Corp.)

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 toto or less than, 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) Best Bid price of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (American Enterprise Development Corp)

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 Two Hundred Thousand dollars ($250,000200,000). 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 ninetyNinety-three Five percent (9395%) of the lowest Volume Weighted Average Price (VWAP) closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (Silver Dragon Resources, Inc.)

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 ’s sole 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 seven percent (9397%) of the lowest Volume Weighted Average Price (VWAP) closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (Save the World Air Inc)

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: (Aa) 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 (Bb) two one hundred fifty thousand dollars ($250,000100,000). 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) closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (Execute Sports Inc)

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"), ) of Shares which the Company intends to sell to the Investor on a American Asset Development, Inc.INVESTMENT.AGREEMENT.September.2010. 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: (Ato up to either 1) Two Hundred two hundred percent (200%) of the average daily volume (U.S. market only) of the Common Stock for the Ten three (103) 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, Date or (B2) two hundred and 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 Pricing Period for the prior Put has been completed. The Purchase Price for the Common Stock identified in the Put Notice shall be purchased for a price equal to ninety-three percent (93%) of the lowest Volume Weighted Average Price (VWAP) of the Common Stock during the Pricing PeriodPurchase Price.

Appears in 1 contract

Samples: Investment Agreement (American Asset Development, Inc.)

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 three hundred fifty thousand dollars ($250,000300,000). 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) closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (M Wise Inc)

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) any amount up to 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 four percent (9394%) of the lowest Volume Weighted Average Price (VWAP) closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (Integrated Pharmaceuticals Inc)

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 Three (103) 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 One Hundred Thousand dollars ($250,000100,000). 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 five percent (93%) 95)% of the lowest Volume Weighted Average Price (VWAP) closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (Cyber Digital Inc)

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 CompanyInvestor's election, either: (A) Two Hundred percent (200%) of the average daily volume (U.S. market only) of the Common Stock for the Ten three (103) 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 five hundred fifty thousand dollars ($250,000500,000). 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 five percent (9395%) of the lowest Volume Weighted Average Price (VWAP) closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (Bella Petrellas Holdings, Inc.)

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 Put Amount (designated in U.S. Dollars) (the "Put Amount"), which the Company intends to sell to the Investor on a Closing Date (the "Put")Date. The Put Notice shall be in the form attached hereto as Exhibit C F 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 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 One Hundred Thousand dollars ($250,000100,000); provided that in no event will the Put Amount be more than One Million Dollars ($1,000,000) with respect to any single Put. 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 five percent (9395%) of the lowest Volume Weighted Average Price (VWAP) closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (Houseraising, Inc.)

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 Put Amount (designated in U.S. Dollars) (the "Put Amount"), which the Company intends to sell to the Investor on a Closing Date (the "Put")Date. The Put Notice shall be in the form attached hereto as Exhibit C F 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: larger of (A) Two Hundred percent (200%) of the average daily volume (U.S. market only) of the Common Stock for the Ten 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 Fifty Thousand dollars ($250,00050,000); provided that in no event will the Put Amount be more than One Million Dollars ($1,000,000) with respect to any single Put. 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 four percent (9394%) of the lowest Volume Weighted Average Price (VWAP) closing bid price of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (Virtra Systems Inc)

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 one hundred fifty thousand dollars ($250,000100,000). 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 two hundred percent (93200%) of the lowest Volume Weighted Average Price (VWAP) closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (Millenium Holding Group Inc /Az/)

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 Put Amount (designated in U.S. Dollars) (the "Put Amount"), which the Company intends to sell to the Investor on a Closing Date (the "Put")Date. The Put Notice shall be in the form attached hereto as Exhibit C F 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 Percent (200%) of the average daily volume (U.S. market only) of the Common Stock for the Ten 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 Twenty-Five Dollars ($250,00025,000); provided that in no event will the Put Amount be more than One Million Dollars ($1,000,000) with respect to any single Put. 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%) 95% of the lowest Volume Weighted Average Price (VWAP) closing bid price of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (International Sports & Media Group Inc)

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 CompanyInvestor'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 eighty five percent (9385%) of the lowest Volume Weighted Average Price (VWAP) closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (Strata Capital Corp)

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 CompanyInvestor'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 and one-half million dollars ($250,0002,500,000). 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 ninety percent (9390%) of the lowest Volume Weighted Average Price (VWAP) closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (Xtreme Oil & Gas, Inc.)

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 Three (103) 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) closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (Green Energy Live Inc)

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 six hundred fifty thousand dollars ($250,000600,000). 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) closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (Dnaprint Genomics Inc)

DELIVERY OF PUT NOTICES. (I1) 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) up to Two Hundred percent (200%) of the average daily volume (U.S. market only) of the Common Stock for the Ten three (103) 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) up to 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 six percent (9396%) of the lowest Volume Weighted Average Price (VWAP) VWAP of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (Edgeline Holdings, Inc.)

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"), ”) of Shares 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 not be entitled to deliver a Put to Notice which sets forth a Put Amount in excess of the Investor (the "Put Amount") shall be equal to, at the Company's election, eithergreater of: (AI) Two Hundred percent (200%) of the average daily volume (U.S. market only) of the Common Stock for the Ten Three (103) Trading Days prior to the date of delivery of the applicable Put Notice DateNotice, multiplied by the average of the three (3) daily closing bid prices immediately preceding the Put Datefor such Trading Days, or (BII) two hundred fifty thousand dollars ($250,000). During After the Open PeriodCompany’s delivery of the initial Put Notice, the Company shall not be entitled to submit a subsequent Put Notice until after the Closing in respect to the previous Closing Put Notice 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.

Appears in 1 contract

Samples: Investment Agreement (Polymedix Inc)

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 ’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 four percent (9394%) of the lowest Volume Weighted Average Price (VWAP) closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (Teknik Digital Arts Inc.)

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 twenty (1020) Trading Days prior to the applicable Put Notice Date, multiplied by the average of the three (3) daily closing bid Best Bid prices immediately preceding the Put Date, or (B) two hundred fifty thousand Two-Hundred Thousand dollars ($250,000200,000); provided that in no event will the Put Amount be more than One Million Dollars ($1,000,000) with respect to any single Put. 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 five percent (9395%) of the lowest Volume Weighted Average Price (VWAP) closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (Securac Corp)

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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 and 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) closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (Diamond Discoveries International Corp)

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 Put Amount (designated in U.S. Dollarsshares of Common Stock) (the "Put Amount"), which the Company intends to sell to the Investor on a Closing Date (the "Put")Date. The Put Notice shall be in the form attached hereto as Exhibit C and B which Exhibit B is hereby 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) 20 Trading Days immediately prior to the applicable Put Notice Date, multiplied by the average of the three (3) daily closing bid prices immediately preceding the Put DateDate (as reported by www.bloomberg.com), or (B) two hundred fifty thousand dollars ($250,000)100,000; xxxxxxxx xxxx in no event will the Put Amount be more than $1,000,000 with respect to any single Put. 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%) 95% of the lowest Volume Weighted Average Price (VWAP) closing bid price of the Common Stock (as reported by www.bloomberg.com) during the Pricing PeriodPrixxxx Xxxxxx.

Appears in 1 contract

Samples: Investment Agreement (China Direct Trading Corp)

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) up to 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) up to 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) closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (Signet International Holdings, Inc.)

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 ’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 One Hundred Thousand dollars ($250,000100,000). 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 four percent (9394%) of the lowest Volume Weighted Average Price (VWAP) closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (Getting Ready Corp)

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 Put Amount (designated in U.S. Dollars) (the "Put Amount"), which the Company intends to sell to the Investor on a Closing Date (the "Put")Date. The Put Notice shall be in the form attached hereto as Exhibit C F 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 twenty (1020) 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 Twenty-Five Thousand dollars ($250,00025,000); provided that in no event will the Put Amount be more than One Million Dollars ($1,000,000) with respect to any single Put. 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 six percent (93%) 96)% of the lowest Volume Weighted Average Price (VWAP) closing bid price of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (Jane Butel Corp)

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 CompanyInvestor's election, either: (A) Two Hundred percent (200%) of the average daily volume (U.S. market only) of the Common Stock for the Ten three (103) 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) up to two hundred fifty thousand dollars ($250,000). During the Open Period, the Company shall not be entitled to submit a new Put Notice until after the previous Closing has been completedcompleted for the previous Put. The Purchase Price for the Common Stock identified in the Put Notice shall be equal to ninety-three ninety two percent (9392%) of the lowest Volume Weighted Average Price (VWAP) closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (PROTECT PHARMACEUTICAL Corp)

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 CompanyInvestor'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 one million dollars ($250,0001,000,000). 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 eighty five percent (9385%) of the lowest Volume Weighted Average Price (VWAP) closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (Milwaukee Iron Arena Football, Inc)

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 Put Amount (designated in U.S. Dollars) (the "Put Amount"), which the Company intends to sell to the Investor on a Closing Date (the "Put")Date. The Put Notice shall be in the form attached hereto as Exhibit C F 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 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 Twenty-Five Thousand dollars ($250,00025,000); provided that in no event will the Put Amount be more than One Million Dollars ($1,000,000) with respect to any single Put. 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 four percent (93%) 94)% of the lowest Volume Weighted Average Price (VWAP) closing bid price of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (B2Digital, Inc.)

DELIVERY OF PUT NOTICES. (Ii) 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 Put Amount (designated in U.S. Dollarsshares of Common Stock) (the "Put Amount"), which the Company intends to sell to the Investor on a Closing Date (the "Put")Date. The Put Notice shall be in the form attached hereto as Exhibit C "F" and incorporated herein by reference. The Put Amount designated by the Company in the form of a Put Notice shall be as follows: 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: (Aa) Two Hundred percent (200%) % of the average daily volume (U.S. market only) of the Common Stock for the Ten 10 (10ten) Trading Days prior to the applicable Put Notice Date, Date multiplied by the average of the three (3) daily closing best bid prices immediately preceding the Put Date, or (Bb) two hundred fifty thousand dollars ($250,000)20,000. In no event shall the amount of the Put be more than $1,000,000. 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 94% (ninety-three percent (93%four percent) of the three lowest Volume Weighted Average Price (VWAP) closing best bid prices of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (On the Go Healthcare Inc)

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 one hundred fifty thousand dollars ($250,000100,000). 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) closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (eTwine Holdings, Inc)

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 CompanyInvestor'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 ninety percent (9390%) of the lowest Volume Weighted Average Price (VWAP) closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (Diamond Technologies Inc.)

DELIVERY OF PUT NOTICES. (I) Subject to the terms and conditions of the Equity Line Transaction Documentsherein, at any time 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) of Shares (the "Put Amount"), which the Company intends to sell to the Investor on a Closing Date (each, a “Put” and collectively, the "Put"“Puts”). The Put Notice timing and amounts of any Puts shall be in at the form attached hereto as Exhibit C and incorporated herein by referencesole discretion of the Company. The amount that Prior to any Closing, the Company may, in its sole discretion, withdraw any Put Notice. Unless approved by the Investor, (i) the maximum dollar amount of any Put shall be entitled to Put to not exceed two (2) times the Investor (average of the "Put Amount") shall be equal to, at daily trading dollar volume for the Company's election, either: (A) Two Hundred percent (200%) of the average daily volume (U.S. market only) of the ’s Common Stock for during the Ten ten (10) Trading Days prior to preceding the applicable Put Notice Date, multiplied by (ii) the average of the three (3) daily closing bid prices immediately preceding the minimum Put Date, or (B) two hundred fifty Amount in any Put Notice is twenty five thousand dollars ($250,00025,000), and (iii) the maximum Put Amount in any Put Notice is three hundred thousand dollars ($300,000). The price of the Shares sold to the Investor in each Put shall be the Purchase Price set forth in the applicable Put Notice. 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 completed or the Common Stock identified in the previous Put Notice shall has been withdrawn. There will be equal a minimum of ten (10) Trading Days between Put Notices unless agreed to ninety-three percent (93%) of otherwise by the lowest Volume Weighted Average Price (VWAP) of the Common Stock during the Pricing PeriodInvestor in writing.

Appears in 1 contract

Samples: Equity Financing Agreement (Propanc Health Group Corp)

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 Three (103) 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 One Hundred Thousand dollars ($250,000100,000). 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) closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (Hybrid Fuel Systems)

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 up to five hundred fifty thousand dollars ($250,000500,000). 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) closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (Coates International LTD \De\)

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 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 six percent (9396%) of the lowest Volume Weighted Average Price (VWAP) closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (Sunrise Energy Resources Inc)

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 (9395%) of the lowest Volume Weighted Average Price (VWAP) closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (Human Biosystems Inc)

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: either (A) Two Hundred percent (200%) of the average daily volume (U.S. market only) of the Common Stock for the Ten three (103) 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 five hundred fifty thousand dollars ($250,000500,000). 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 ninety percent (9390%) of the lowest Volume Weighted Average Price (VWAP) closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (Force Fuels Inc.)

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 (1020) 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 one hundred fifty thousand dollars ($250,000100,000). 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 five percent (9395%) of the lowest Volume Weighted Average Price (VWAP) closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (Proton Laboratories Inc)

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 Five (105) 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 one million dollars ($250,0001,000,000). 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 ninetyeighty-three five percent (9385%) of the lowest Volume Weighted Average Price (VWAP) closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (Genesis Capital Corp of Nevada)

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 Put Amount that the Company shall be entitled to Put to the Investor (the "Put Amount") shall be equal tonot exceed, at the Company's sole election, the greater of either: (A) Two Hundred percent (200%) of the average daily volume (U.S. market only) of the Common Stock for the Ten three (103) 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 one hundred fifty thousand dollars ($250,000150,000). During After the Open PeriodCompany's delivery of the initial Put Notice, the Company shall not be entitled to submit a subsequent Put Notice until after the Closing in respect to the previous Closing Put Notice has been completed. The Purchase Price for the Common Stock identified in the Put Notice shall be equal to ninety-three four percent (9394%) of the lowest Volume Weighted Average Price (VWAP) of the Common Stock closing Best Bid during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (MMR Information Systems, Inc.)

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 ’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) closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (Blackhawk Fund)

DELIVERY OF PUT NOTICES. (Ii) 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"), Amount which the Company intends to sell to the Investor on a Closing Date (the "Put")Date. The Put Notice shall be in the form attached hereto as Exhibit C B and incorporated herein by reference. The amount that the Company shall be entitled to Put to the Investor in any single Put Notice (the "Put Amount") shall be equal to, at the Company's ’s election, either: (Aa) Two Hundred two hundred percent (200%) of the average daily volume (U.S. market only) of the Common Stock for the Ten ten (10) Trading Days prior to the applicable Put Notice Date, multiplied by the average of the three (3) daily closing bid Best Bid prices immediately preceding the Put Date, or (Bb) two hundred fifty ten thousand dollars $10,000; provided that in no event will the Put Amount be more than One Million Dollars ($250,000)1,000,000) with respect to any single Put. 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%) 95% of the lowest Volume Weighted Average Price (VWAP) closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (Cal Bay International Inc)

DELIVERY OF PUT NOTICES. (Ii) 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"), Amount which the Company intends to sell to the Investor on a Closing Date (the "Put")Date. The Put Notice shall be in the form attached hereto as Exhibit C B and incorporated herein by reference. The amount that the Company shall be entitled to Put to the Investor in any single Put Notice (the "Put Amount") shall be equal to, at the Company's election, either: (Aa) Two Hundred two hundred percent (200%) of the average daily volume (U.S. market only) of the Common Stock for the Ten ten (10) Trading Days prior to the applicable Put Notice Date, multiplied by the average of the three (3) daily closing bid Best Bid prices immediately preceding the Put Date, or (Bb) two hundred fifty twenty-five thousand dollars $25,000; provided that in no event will the Put Amount be more than One Million Dollars ($250,000)1,000,000) with respect to any single Put. 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%) 95% of the three lowest Volume Weighted Average Price (VWAP) closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (Compumed Inc)

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 Put Amount (designated in U.S. Dollars) (the "Put Amount"), which the Company intends to sell to the Investor on a Closing Date (the "Put")Date. The Put Notice shall be in the form attached hereto as Exhibit C F 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 ten (10) Trading Days prior to the applicable Put Notice Date, multiplied by the average of the three (3) daily closing bid Best Bid prices immediately preceding the Put Date, or (B) two hundred fifty thousand Twenty-Five Thousand dollars ($250,00025,000); provided that in no event will the Put Amount be more than One Million Dollars ($1,000,000) with respect to any single Put. 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 six percent (93%) 96)% of the lowest Volume Weighted Average Price (VWAP) closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (Litfunding Corp)

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 One Hundred Fifty Thousand dollars ($250,000150,000). 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 95 percent (9395%) of the lowest Volume Weighted Average Price (VWAP) closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (Naturewell Inc)

DELIVERY OF PUT NOTICES. (Ii) 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"), Amount which the Company intends to sell to the Investor on a Closing Date (the "Put")Date. The Put Notice shall be in the form attached hereto as Exhibit C B and incorporated herein by reference. The amount that the Company shall be entitled to Put to the Investor in any single Put Notice (the "Put Amount") shall be equal to, at the Company's election, either: (Aa) Two Hundred one hundred percent (200100%) of the average daily volume (U.S. market only) of the Common Stock for the Ten ten (10) Trading Days prior to the applicable Put Notice Date, multiplied by the average of the three (3) daily closing bid Best Bid prices immediately preceding the Put Date, or (Bb) two hundred fifty twenty five thousand dollars $25,000; provided that in no event will the Put Amount be more than One Million Dollars ($250,000)1,000,000) with respect to any single Put. 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%) 95% of the average of the three lowest Volume Weighted Average Price (VWAP) closing Bid prices of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (Assure Energy Inc)

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 ’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 up to five million dollars ($250,0005,000,000). 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 eighty five percent (9385%) of the lowest Volume Weighted Average Price (VWAP) closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (Bonfire Productions, Inc.)

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") with each Put Notice shall be equal to, at the Company's ’s election, eitheran amount up to but not exceeding the greater of: (A) Two Hundred percent (200%) of the average daily volume (U.S. market only) of the Common Stock for the Ten three (103) 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 ($250,000200,000). 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 ninety percent (9390%) of the lowest Volume Weighted Average Price (VWAP) daily VWAP of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (Enerteck Corp)

DELIVERY OF PUT NOTICES. (I) Subject to the terms and conditions of the Equity Line Transaction Documentsherein, 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 Unless approved by the Investor, the maximumamount that the Company shall be entitled to Put to the Investor (the "Put Amount") is two hundred fifty thousand ($250,000) dollars, so long as such amount does not exceed 9.99% of the outstanding shares of the Company. No Put will be made in an amount lower than $5,000. The price of the Put shall be equal toeighty (80%) percent of the “Market Price”, at which is the lowest volume-weighted average price of the Company's election, either: (A) Two Hundred percent (200%) of the average daily volume (U.S. market only) of the ’s Common Stock for five (5) consecutive trading days, preceding the Ten (10) Trading Days prior to date on which the applicable Put Notice Date, multiplied by is delivered to the average of the three (3) daily closing bid prices immediately preceding the Put Date, or (B) two hundred fifty thousand dollars ($250,000). Investor.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 There will be a minimum of ten (10) trading days between Put Notices unless agreed to otherwise by the Common Stock identified Investor 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 Periodwriting.

Appears in 1 contract

Samples: Reserve Equity Financing Agreement (POSITIVEID Corp)

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: (Aa) 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 (Bb) 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 five percent (9395%) of the lowest Volume Weighted Average Price (VWAP) closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (Uscorp)

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 one million dollars ($250,0001,000,000). 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 five (9395%) of the lowest Volume Weighted Average Price (VWAP) closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (Wind Works Power Corp.)

DELIVERY OF PUT NOTICES. (Ii) 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"), Amount which the Company intends to sell to the Investor on a Closing Date (the "Put")Date. The Put Notice shall be in the form attached hereto as Exhibit C B and incorporated herein by reference. The amount that the Company shall be entitled to Put to the Investor in any single Put Notice (the "Put Amount") shall be equal to, at the Company's election, either: (Aa) Two Hundred two hundred percent (200%) of the average daily volume (U.S. market only) of the Common Stock for the Ten ten (10) Trading Days prior to the applicable Put Notice Date, multiplied by the average of the three (3) daily closing bid Best Bid prices immediately preceding the Put Date, or (Bb) two hundred fifty twenty-five thousand dollars $25,000; provided that in no event will the Put Amount be more than One Million Dollars ($250,000)1,000,000) with respect to any single Put. 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%) 95% of the lowest Volume Weighted Average Price (VWAP) closing Best Bid price of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (Gk Intelligent Systems Inc)

DELIVERY OF PUT NOTICES. (Ii) 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 Put Amount (designated in U.S. Dollarsshares of Common Stock) (the "Put Amount"), which the Company intends to sell to the Investor on a Closing Date (the "Put")Date. The Put Notice shall be in the form attached hereto as Exhibit C "F" and incorporated herein by reference. The Company shall simultaneously deliver a copy of the Put Notice to the Escrow Agent. The Put Amount designated by the Company in the form of a Put Notice shall be as follows: 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%) to 175% of the average daily volume (U.S. market only) of the Common Stock for the Ten 20 (10twenty) Trading Days prior to the applicable Put Notice Date, 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 (but in no event more than $250,000)1,000,000. 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 94% (ninety-three percent (93%four percent) of the lowest Volume Weighted Average Price (VWAP) closing bid price of the Common Stock during the Pricing Period.

Appears in 1 contract

Samples: Investment Agreement (Cal Bay International Inc)

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