Fixed Requests Sample Clauses
Fixed Requests. From and after the Effective Date and from time to time during the Investment Period, the Company may in its sole discretion deliver to the Investor a Fixed Request Notice for a specified Fixed Amount Requested, and the applicable discount price (the “Discount Price”) shall be determined, in accordance with the price and share amount parameters as set forth below or such other parameters mutually agreed upon by the Investor and the Company, and upon the terms and subject to the conditions of this Agreement, the Investor shall purchase from the Company the Shares subject to such Fixed Request Notice at the Discount Price; provided, however, that (i) if an ex-dividend date is established by the Trading Market in respect of the Common Stock on or between the first Trading Day of the applicable Pricing Period and the applicable Settlement Date, the Discount Price shall be reduced by the per share dividend amount and (ii) the Company may not deliver any single Fixed Request Notice for a Fixed Amount Requested in excess of the lesser of (a) the amount in the applicable Fixed Amount Requested column below and (b) 2.5% of the Market Capitalization: Equal to or greater than $8.00 Not to exceed $4,500,000 96.000% of the VWAP Equal to or greater than $6.00 and less than $8.00 Not to exceed $3,250,000 96.000% of the VWAP Equal to or greater than $5.50 and less than $6.00 Not to exceed $3,000,000 95.875% of the VWAP Equal to or greater than $5.00 and less than $5.50 Not to exceed $2,750,000 95.625% of the VWAP Equal to or greater than $4.50 and less than $5.00 Not to exceed $2,500,000 95.500% of the VWAP Equal to or greater than $4.00 and less than $4.50 Not to exceed $2,250,000 95.250% of the VWAP Equal to or greater than $3.50 and less than $4.00 Not to exceed $2,000,000 95.000% of the VWAP Equal to or greater than $3.00 and less than $3.50 Not to exceed $1,750,000 94.750% of the VWAP Equal to or greater than $2.50 and less than $3.00 Not to exceed $1,500,000 94.500% of the VWAP Equal to or greater than $2.00 and less than $2.50 Not to exceed $1,250,000 94.375% of the VWAP Equal to or greater than $1.50 and less than $2.00 Not to exceed $1,000,000 94.125% of the VWAP Equal to or greater than $1.00 and less than $1.50 Not to exceed $750,000 94.000% of the VWAP Anything to the contrary in this Agreement notwithstanding, at no time shall the Investor be required to purchase more than $4,500,000 worth of Common Stock in respect of any Pricing Period (not including Common...
Fixed Requests. From time to time during the Investment Period, the Company may in its sole discretion deliver to the Investor a Fixed Request Notice for a specified Fixed Amount Requested, and the applicable discount price (the “Discount Price”) shall be determined, in accordance with the price (provided, however, that solely for purposes of calculating the Discount Price for any Trading Day on which the VWAP is equal to or greater than the Threshold Price (and not for purposes of, among other things, determining the Fixed Amount Requested that may be requested by the Company), the heading “Threshold Price” in the immediately below table shall be replaced with “VWAP”) and share amount parameters as set forth below or such other parameters mutually agreed upon by the Investor and the Company, and upon the terms and subject to the conditions of this Agreement, the Investor shall purchase from the Company the Shares subject to such Fixed Request Notice at the Discount Price; provided, however, that (i) if an ex-dividend date is established by the Trading Market in respect of the Common Stock on or between the first Trading Day of the applicable Pricing Period and the applicable Settlement Date, the Discount Price shall be reduced by the per share dividend amount and (ii) unless the parties otherwise mutually agree, the Company may not deliver any single Fixed Request Notice for a Fixed Amount Requested in excess of the lesser of (a) the amount in the applicable Fixed Amount Requested column below and (b) any amount that would under applicable law, rule or regulation result in any restriction or impairment of the Investor’s ability to resell the Shares subject to such Fixed Request Notice without restriction: Threshold Price Fixed Amount Requested Discount Price Equal to or greater than $10.00 Not to exceed $34,000,000 96.75% of the VWAP Equal to or greater than $9.00 and less than $10.00 Not to exceed $31,000,000 96.50% of the VWAP Equal to or greater than $8.00 and less than $9.00 Not to exceed $28,000,000 96.50% of the VWAP Equal to or greater than $7.00 and less than $8.00 Not to exceed $25,000,000 96.25% of the VWAP Equal to or greater than $6.00 and less than $7.00 Not to exceed $22,000,000 96.00% of the VWAP Equal to or greater than $5.00 and less than $6.00 Not to exceed $19,000,000 95.50% of the VWAP Equal to or greater than $4.00 and less than $5.00 Not to exceed $16,000,000 95.25% of the VWAP Equal to or greater than $3.00 and less than $4.00 Not to exceed $13,000...
Fixed Requests. From time to time during the Investment Period, the Company may in its sole discretion deliver to the Investor a Fixed Request Notice for a specified Fixed Amount Requested, and the applicable discount price (the “Discount Price”) shall be determined, in accordance with the price and share amount parameters as set forth below or such other parameters mutually agreed upon by the Investor and the Company, and upon the terms and subject to the conditions of this Agreement, the Investor shall purchase from the Company the Shares subject to such Fixed Request Notice; provided, however, that (i) if an ex-dividend date is established by the Trading Market in respect of the Common Stock on or between the first Trading Day of the applicable Pricing Period and the applicable Settlement Date, the Discount Price shall be reduced by the per share dividend amount and (ii) the Company may not deliver any single Fixed Request Notice for a Fixed Amount Requested in excess of the lesser of (a) the amount in the applicable Fixed Amount Requested column below and (b) 2.5% of the Market Capitalization:
Fixed Requests. If from time to time during the Investment Period, the Company, in its sole discretion, delivers to the Investor a Fixed Request Notice for a specified Fixed Amount Requested (up to the Maximum Fixed Amount Requested) or for the Alternative Fixed Amount Requested, the applicable discount price (the “Discount Price”) shall be determined, in accordance with the price and share amount parameters as set forth in the below pricing grid, and upon the terms and subject to the conditions of this Agreement, the Investor shall purchase from the Company the Shares subject to such Fixed Request Notice at the applicable daily Discount Price; provided, however, that (i) if an ex-dividend date is established by the Trading Market in respect of the Common Stock on or between the first Trading Day of the applicable Pricing Period and the applicable Settlement Date, the Discount Price for each Trading Day of the applicable Pricing Period on or after such ex-dividend date shall be reduced by the per share dividend amount and (ii) if the Company does not elect the Alternative Fixed Amount Requested, the Company may not deliver any single Fixed Request Notice for a specified Fixed Amount Requested in excess of the specific dollar amount in the applicable Amount Requested column below (the “Maximum Fixed Amount Requested”).
Fixed Requests. 3 Section 2.3 Share Calculation...................................... 4 Section 2.4
Fixed Requests. If from time to time during the Investment Period, the Company, in its sole discretion, delivers to the Investor a Fixed Request Notice for a specified Fixed Amount Requested (up to the Maximum Fixed Amount Requested) or for the Alternative Fixed Amount Requested in accordance with the provisions of this Agreement, the Investor is obligated to accept such Fixed Request Notice and shall purchase from the Company the Shares subject to such Fixed Request Notice at the applicable Discount Price at the applicable times in accordance with the settlement procedures set forth in Section 3.7. The date on which the Company delivers any Fixed Request Notice in accordance with this Section 3.2 hereinafter shall be referred to as a “Fixed Request Exercise Date”. Anything to the contrary in this Agreement notwithstanding, at no time shall the Investor be required to purchase more than: (i) the Alternative Fixed Amount Requested (assuming for this purpose the Company elects the Alternative Fixed Amount Requested for the applicable Pricing Period) or (ii) the Maximum Fixed Amount Requested (assuming for this purpose the Company does not elect the Alternative Fixed Amount Requested for the applicable Pricing Period), in each case in respect of any Pricing Period (subject in all cases to the provisions of Sections 3.10 and 6.6 of this Agreement).
Fixed Requests. From time to time during the Investment Period, the Company may in its sole discretion deliver to the Investor a Fixed Request Notice for a specified Fixed Amount Requested in accordance with the following price and shares amount parameters: Equal to or greater than $10.00 and less than $20.00 Not to exceed $10,000,000 Equal to or greater than $20.00 Not to exceed $15,000,000 , and upon the terms and subject to the conditions of this Agreement, the Investor shall purchase from the Company the Shares subject to such Fixed Request Notice; provided, however, that the Company may not deliver any single Fixed Request Notice for a Fixed Amount Requested in excess of 2.5% of the Market Capitalization. Anything to the contrary in this Agreement notwithstanding, at no time shall the Investor be required to purchase more than $15,000,000 worth of Common Stock in respect of any Pricing Period (not including Common Stock subject to any Optional Amount). The date on which the Company delivers any Fixed Request Notice in accordance with this Section 2.2 hereinafter shall be referred to as a “Fixed Request Exercise Date”.