Floor Price. BNYMCM shall not sell Common Shares below the Floor Price during any Selling Period, as such Floor Price may be adjusted by the Company at any time during any Selling Period upon notice to BNYMCM and confirmation to the Company.
Floor Price. In the event that, during a Valuation Period, the Closing Price on any Trading Day falls more than twenty five percent (25%) below the average of closing trade prices for the five (5) trading days immediately preceding the date of the Company’s Put Notice (a “Low Bid Price”), for each such Trading Day, the parties shall have no right and shall be under no obligation to purchase and sell one fifth (1/5th) of the Investment Amount specified in the Put Notice, and the Investment Amount shall accordingly be deemed reduced by such amount. In the event that during a Valuation Period there exists a Low Bid Price for any two (2) Trading Days—not necessarily consecutive—then the balance of each party’s right and obligation to purchase and sell the Investment Amount under such Put Notice shall terminate on such second Trading Day (“Termination Day”), and the Investment Amount shall be adjusted to include only one-fifth (1/5th) of the initial Investment Amount for each Trading Day during the Valuation Period prior to the Termination Day that the Bid Price equals or exceeds the Low Bid Price.
Floor Price. The Agent shall not sell Issuance Shares below the Floor Price during any Selling Period and such Floor Price may be adjusted by the Company at any time during any Selling Period upon notice to the Agent and confirmation to the Company.
Floor Price. Neither Sales Agent nor the Forward Seller shall sell Issuance Shares or Forward Hedge Shares, as the case may be, below the Floor Price during any Selling Period, and, subject to clause (iii) of the proviso to the last sentence of Section 2.03(a), such Floor Price may be adjusted by the Company at any time during any Selling Period upon written notice to Sales Agent or the Forward Seller, as the case may be, and confirmation to the Company by Sales Agent or the Forward Seller, as the case may be.
Floor Price. The Company must specify a Floor Price in each such Put Notice. In the event that during a Valuation Period, the Closing Bid Price on a Trading Day is below the Floor Price, the Investor shall not be allowed to fund one-fifth of the Put Amount for each such Trading Day and the Put Amount shall be adjusted accordingly. In the event that during a Valuation Period, the Closing Bid Price on any three (3) Trading Days - not necessarily consecutive - is below the Floor Price, the balance of the Investor’s obligation for the Put Amount under such put shall terminate on the last of such Trading Days and the Put Amount shall be adjusted accordingly.
Floor Price. Xxxxxxx Xxxxx shall not sell Common Shares below the Floor Price during the applicable Selling Period and such Floor Price may be adjusted by the Company at any time during the applicable Selling Period upon notice to Xxxxxxx Xxxxx and confirmation by Xxxxxxx Xxxxx to the Company.
Floor Price. The Company agrees that within 90 days of this Amendment Letter, the Company will seek shareholder approval to remove the definition of Floor Price in the Convertible Securities Agreement. If the Company fails to receive shareholder approval, the Investor shall have the right to request repayment of the Amount Outstanding in accordance with clause 3.8(a)(i). 3 Acknowledgements The Company and the Investor agree and acknowledge that:
Floor Price. On each Put Notice submitted to the Investor by the Company, the Company shall have the option to specify a Floor Price for that Put. In the event the Common Stock falls below the Floor Price, the Put shall be temporarily suspended. The Put shall resume at such time as the Common Stock is above the Floor Price, provided the date for the Pricing Period for that particular Put are still valid. In the event the Pricing Period has been complete, any shares above the Floor Price due to the Investor shall be sold to the Investor by the Company under the terms of this Agreement. The Floor Price for a Put may not be changed by the Company once submitted to the Investor.
Floor Price. Xxxxxxx Xxxxx shall not sell Program Shares below the Floor Price during any Selling Period and such Floor Price may be adjusted by EQR at any time during any Selling Period upon notice to Xxxxxxx Xxxxx and confirmation to EQR.
Floor Price. In the event that, during a Valuation Period, the Closing Price on any Trading Day falls more than twenty five percent (25%) below the average of the VWAP prices for the ten (10) trading days immediately preceding the date of the Company’s Put Notice (a “Floor Price”), for each such Trading Day, the parties shall have no right and shall be under no obligation to purchase one tenth (1/10th) of the Investment Amount specified in the Put Notice, and the Investment Amount shall accordingly be deemed reduced by such amount.
