Fixed Request Notice Sample Clauses

Fixed Request Notice. Upon two Trading Days’ prior written notice to the Investor, the Company may, from time to time in its sole discretion, provide a notice to the Investor of a Fixed Request before 9:30 a.m. (New York time) on the first Trading Day of the Pricing Period (the “Fixed Request Notice”), substantially in the form attached hereto as Exhibit A. The Fixed Request Notice shall specify the Fixed Amount Requested, establish the Threshold Price for such Fixed Request, designate the first Trading Day of the Pricing Period and specify the Optional Amount, if any, that the Company elects to grant to the Investor during the Pricing Period and the applicable Threshold Price for such Optional Amount (the “Optional Amount Threshold Price”). The Threshold Price and the Optional Amount Threshold Price established by the Company in a Fixed Request Notice may be the same or different, in the Company’s sole discretion. Upon the terms and subject to the conditions of this Agreement, the Investor is obligated to accept each Fixed Request Notice prepared and delivered in accordance with the provisions of this Agreement.

Fixed Request Notice. 2 Section 2.2

Fixed Request Notice. Upon three Trading Days’ prior notice to the Investor, the Company shall, from time to time in its sole discretion, provide a notice to the Investor of a Fixed Request before 9:30 a.m. (New York time) on the first Trading Day of the Pricing Period (the “Fixed Request Notice”), substantially in the form attached hereto as Exhibit A. The Fixed Request Notice shall specify the Fixed Amount Requested, establish the Threshold Price for such Fixed Request, designate the first Trading Day of the Pricing Period and specify the Optional Amount, if any, that the Company elects to grant to the Investor during the Pricing Period and the applicable Threshold Price for such Optional Amount (the “Optional Amount Threshold Price”). Upon the terms and subject to the conditions of this Agreement, the Investor is obligated to accept each Fixed Request Notice prepared and delivered in accordance with the provisions of this Agreement.

Fixed Request Notice. Company may, from time to time in its sole discretion, no later than 9:30 a.m. (New York time) on the second Trading Day immediately preceding the first Trading Day of the Pricing Period (“Fixed Request Notice Date”), provide to Investor a fixed request notice, substantially in the form attached hereto as Exhibit A (the “Fixed Request Notice”), which Fixed Request Notice shall become effective at 9:30 a.m. (New York time) on the first Trading Day of the Pricing Period specified in the Fixed Request Notice. The Fixed Request Notice shall specify the Fixed Amount Requested, establish the Minimum Price for such Fixed Request, and designate the first and last Trading Day of the Pricing Period. Upon the terms and subject to the conditions of this Agreement, Investor shall accept each Fixed Request Notice prepared and delivered in accordance with the provisions of this Agreement.

Fixed Request Notice. (a) The Company may, from time to time in its sole discretion, no later than 9:30 a.m. (New York time) on a Trading Day, provide to the Investors a Fixed Request Notice (such date, the “Trade Date”), substantially in the form attached hereto as Exhibit A (the “Fixed Request Notice”), which Fixed Request Notice shall become effective at 9:30 a.m. (New York time) on such Trade Date; provided, however, that if the Company delivers the Fixed Request Notice to the Investors later than 9:30 a.m. (New York time) on any Trading Day, then the Trade Date shall be the next Trading Day after receipt of such Fixed Request Notice (unless a subsequent Trade Date is specified therein). The Company shall provide the Investors with at least three business days’ prior notice of its intent to deliver a Fixed Request Notice to the Investors. The Fixed Request Notice shall specify the Fixed Amount Requested (which shall not exceed the Maximum Fixed Amount Requested), establish the Floor Price for such Fixed Request, and designate the applicable Trade Date. (b) The Fixed Amount Requested in each Fixed Request Notice delivered to the Investors shall be deemed to be allocated equally between each Investor and, subject to the terms and conditions of this Agreement, each Investor shall be obligated to accept each Fixed Request Notice prepared and delivered in accordance with the provisions of this Agreement and to purchase its allocated portion of the Fixed Amount Requested set forth therein, provided, however, that nothing herein shall obligate the Mackenzie Funds to purchase from the Company any shares of Common Stock to the extent that, after giving effect to such purchase, the aggregate number of shares of Common Stock of the Company beneficially owned by the Mackenzie Funds immediately after giving effect to such purchase would exceed 19.50 percent of the Company’s then issued and outstanding Common Stock. To the extent that the number of shares of Common Stock that the Mackenzie Funds is obligated to purchase pursuant to any Fixed Request Notice is reduced as a result of this Section 2.1(b) (the amount of such reduction the “Ownership Limitation Cutback”), then the number of shares of Common Stock that Scorpio Offshore shall be obligated to purchase pursuant to such Fixed Request Notice shall be automatically increased by such Ownership Limitation Cutback. For the avoidance of doubt, nothing in this Section 2.1(b) shall be deemed to limit the Mackenzie Funds’ obligation to pur...

Fixed Request Notice. The Company may, from time to time in its sole discretion, no later than 9:30 a.m. (New York time) on a Trading Day, provide to the Investor a Fixed Request Notice (such date, the “Trade Date”), substantially in the form attached hereto as Exhibit A (the “Fixed Request Notice”), which Fixed Request Notice shall become effective at 9:30 a.m. (New York time) on such Trade Date; provided, however, that if the Company delivers the Fixed Request Notice to the Investor later than 9:30 a.m. (New York time) on any Trading Day, then the Trade Date shall be the next Trading Day after receipt of such Fixed Request Notice (unless a subsequent Trade Date is specified therein). The Company shall provide the Investor with at least three (3) business days’ prior notice of its intent to deliver a Fixed Request Notice to the Investor. The Fixed Request Notice shall specify the Fixed Amount Requested (which shall not exceed the Maximum Fixed Amount Requested), establish the Floor Price for such Fixed Request, and designate the applicable Trade Date.

Fixed Request Notice. The Company shall, from time to time in its sole discretion, provide a notice to the Investor of a Fixed Request before 9:30 a.m. (New York time) on the first Trading Day of the Pricing Period (the “Fixed Request Notice”), substantially in the form attached hereto as Exhibit A. The Fixed Request Notice shall specify the Fixed Amount Requested, establish the Threshold Price for such Fixed Request, designate the first Trading Day of the Pricing Period and specify the Optional Amount, if any, that the Company elects to grant to the Investor during the Pricing Period and the applicable Threshold Price for such Optional Amount (the “Optional Amount Threshold Price”). Upon the terms and subject to the conditions of this Agreement, the Investor is obligated to accept each Fixed Request Notice prepared and delivered in accordance with the provisions of this Agreement.