INVESTMENT PERIOD LIMITS Sample Clauses

INVESTMENT PERIOD LIMITS. Notwithstanding the obligations and rights of the Investor to purchase shares of Common Stock pursuant to Section 2.1 (a), (b) and (c), the aggregate Investment Amount for any Investment Period (whether pursuant to a Minimum Obligation, an Additional Purchase Notice or an Investor Call Purchase Notice or any combination thereof) shall not at the option of the Investor exceed the lesser of (x) the Minimum Obligation plus the amount set forth in any Additional Purchase Notice and Investor Call Purchase Notice with respect to such Investment Period, if any, (y) an amount equal to eight percent (8%) of the aggregate Value of Open Market Trading of the Common Stock on the Principal Market for each Trading Day during the Investment Period immediately preceding such Investment Period on which the Stock Price was above the Floor Price for such preceding Investment Period (rounded up to the next increment of $10,000), or (z) an amount equal to eight percent (8%) of the aggregate Value of Open Market Trading of the Common Stock on the Principal Market for each Trading Day during such Investment Period on which the Stock Price is above the Floor Price (rounded up to the next increment of $10,000) (the lower of the amounts referred to in clauses (y) and (z), the "8% Limit"); provided, however, that the Investor may waive, in whole or in part, the 8% Limit in any Investment Period.
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INVESTMENT PERIOD LIMITS. Notwithstanding the obligation of the Investor to purchase shares of Common Stock pursuant to Section 2.1(a), the sum of the Investment Amounts for any Investment Period (whether pursuant to a Company Put Amount or Investor Call Amount(s) or both) shall not exceed the lesser of (x) the Company Put Amount plus the sum of all Investor Call Amounts, if any, (y) an amount equal to the product of (I) 8% of the average daily Value of Open Market Trading of the Common Stock on the Principal Market for each Trading Day during the Investment Period immediately preceding such Investment Period times (II) the sum of (A) the number of Trading Days in which the Stock Price is above the Floor Price, and (B) the number of Trading Days that are designated by the Investor as Included Days pursuant to Section 2.4(b), in each of cases (A) and (B), in such immediately preceding Investment Period, (III) rounded up to the next increment of $10,000, and (z) an amount equal to the product of (I) 8% of the average daily Value of Open Market Trading of the Common Stock on the Principal Market for each Trading Day during such Investment Period times (II) the sum of (A) the number of Trading Days in which the Stock Price is above the Floor Price, and (B) the number of Trading Days that are designated by the Investor as Included Days pursuant to Section 2.4(b), in each of cases (A) and (B), in such Investment Period, (III) rounded up to the next increment of $10,000 (the lower of the amounts referred to in clauses (y) and (z), the "Volume Limit"); provided, however, that the Investor may waive, in whole or in part, the Volume Limit in any Investment Period.
Sample 1Sample 2
INVESTMENT PERIOD LIMITS. Notwithstanding the obligation of the Investor to purchase shares of Common Stock pursuant to Section 2.1(a) and (b), the aggregate Investment Amount for any Investment Period (whether pursuant to a Minimum Obligation or an Additional Purchase Notice or any combination thereof) shall not exceed the lesser of (x) the Minimum Obligation plus the amount set forth in the Additional Purchase Notice, if any, or (y) an amount equal to the product of (I) the Applicable Percentage of the average daily Value of Open Market Trading of the Common Stock on the Principal Market for each Trading Day during the Investment Period immediately preceding such Investment Period times (II) the number of Trading Days in which the Stock Price is above the Floor Price in such immediately preceding Investment Period (rounded up to the next increment of $10,000), or (z) an amount equal to the product of (I) the Applicable Percentage of the average daily Value of Open Market Trading of the Common Stock on the Principal Market for each Trading Day during such Investment Period times (II) the number of Trading Days in which the Stock Price is above the Floor Price in such Investment Period (rounded up to the next increment of $10,000) (the lower of the amounts referred to in clause (y) and (z), the "Volume Limit"); provided, however, that the Investor may waive, in whole or in part, the Volume Limit in any Investment Period.
Sample 1

Related to INVESTMENT PERIOD LIMITS

  • Lockup Period Limitation Participant agrees that in the event the Company advises Participant that it plans an underwritten public offering of its Common Stock in compliance with the Securities Act of 1933, as amended, and that the underwriter(s) seek to impose restrictions under which certain shareholders may not sell or contract to sell or grant any option to buy or otherwise dispose of part or all of their stock purchase rights of the underlying Common Stock, Participant hereby agrees that for a period not to exceed 180 days from the prospectus, Participant will not sell or contract to sell or grant an option to buy or otherwise dispose of this option or any of the underlying shares of Common Stock without the prior written consent of the underwriter(s) or its representative(s).

  • Maximum Leverage Permit, as of any fiscal quarter end, the ratio of (a) Adjusted Portfolio Equity as of such fiscal quarter end to (b) Funded Debt as of such fiscal quarter end, to be less than 5.00 to 1.00.

  • Non-availability of matching deposits for Interest Period selected If, after the Borrowers have selected and the Lender has agreed an Interest Period longer than 6 months, the Lender notifies the Borrowers by 11.00 a.m. (London time) on the third Business Day before the commencement of the Interest Period that it is not satisfied that deposits in Dollars for a period equal to the Interest Period will be available to it in the London Interbank Market when the Interest Period commences, the Interest Period shall be of 6 months.

  • Measurement Period (b) In this Agreement, unless the contrary intention appears, a reference to:

  • Maximum Advance Amount The amount of an Advance requested by the Company shall not exceed the Maximum Advance Amount. In addition, in no event shall the number of shares issuable to the Investor pursuant to an Advance cause the aggregate number of shares of Common Stock beneficially owned by the Investor and its affiliates to exceed nine and 9/10 percent (9.9%) of the then outstanding Common Stock of the Company. For the purposes of this section beneficial ownership shall be calculated in accordance with Section 13(d) of the Exchange Act.

  • Minimum Amount of Each Borrowing; Maximum Number of Borrowings The aggregate principal amount of each Borrowing of Loans shall be in a multiple of $100,000 and shall not be less than the Minimum Borrowing Amount. More than one Borrowing may occur on any date; provided that at no time shall there be outstanding more than four (4) Borrowings of LIBOR Loans under this Agreement.

  • Lock-up Period; Lock-up Letters For a period of 60 days from the date of the Prospectus, not to, directly or indirectly, (i) offer for sale, sell, pledge or otherwise dispose of (or enter into any transaction or device that is designed to, or could be expected to, result in the disposition by any person at any time in the future of) any Common Units or securities convertible into, or exchangeable for Common Units, or sell or grant options, rights or warrants with respect to any Common Units or securities convertible into or exchangeable for Common Units (other than the grant of options pursuant to option plans existing on the date hereof), or (ii) enter into any swap or other derivatives transaction that transfers to another, in whole or in part, any of the economic benefits or risks of ownership of such Common Units, whether any such transaction described in clause (i) or (ii) above is to be settled by delivery of Common Units or other securities, in cash or otherwise, in each case without the prior written consent of each of the Representatives on behalf of the Underwriters; provided, however, that the foregoing restrictions do not apply to: (A) the issuance and sale of Common Units by the Partnership to the Underwriters in connection with the public offering contemplated by this Agreement, (B) the issuance and sale of Common Units, phantom units, restricted units and options by the Partnership to employees and directors of EPCO and its affiliates under the EPCO Employee Unit Purchase Plan, the Enterprise Products 1998 Long-Term Incentive Plan and the Enterprise Products GP, LLC 1999 Long-Term Incentive Plan, including sales pursuant to “cashless-broker” exercises of options to purchase Common Units in accordance with such plans as consideration for the exercise price and withholding taxes applicable to such exercises, (C) the issuance and sale of Common Units issued pursuant to the Partnership’s DRIP or (D) the filing of a “universal” shelf registration statement on Form S-3, including both debt and equity securities, and any amendments thereto, which such registration statement may also include Common Units of selling unitholders; provided, that (1) the Enterprise Parties shall otherwise remain subject to the restrictions set forth in this Section 5(i) with respect to any Common Units or any securities convertible into, or exercisable or exchangeable for, Common Units registered thereunder, (2) such registration statement and amendments if so filed shall contain only a generic and undetermined plan of distribution with respect to such securities during the aforementioned 60-day period, and (3) any selling unitholders registering Common Units under such registration statement shall agree in writing to be subject to the lock up provisions set forth in the form of letter attached as Exhibit C hereto. Each affiliate, executive officer and director of the General Partner listed on Schedule IV shall furnish to the Underwriters, prior to or on the First Delivery Date, a letter or letters, substantially in the form of Exhibit C hereto.

  • Special Class A Limitations The expenses attributable to each class of shares of the Funds listed on Annex B, as updated from time to time, shall be reduced, if necessary, so that the Ordinary Operating Expenses (as defined below) of each Fund attributable to such class of shares do not exceed the percentage of average daily net assets attributable to the applicable class of shares of such Fund as set forth on Annex B. This expense limitation shall be effected first by PIMSS waiving transfer agency fees and expenses allocated to the applicable class of shares. If waiving transfer agency fees and expenses alone is not sufficient to achieve the expense limitation reflected in Annex B, PFD shall waive Rule 12b-1 fees attributable to the applicable class of shares. In the event that waiving transfer agency fees and expenses and Rule 12b-1 fees attributable to a class of shares is not sufficient to achieve the expense limitation reflected in Annex B, PIM shall reimburse other expenses or waive other fees ("Fund-Wide Expenses") to the extent necessary to further reduce the expenses attributable to that class of shares to the percentage of average daily net assets reflected in Annex B. In the event that PIM waives or reimburses any Fund-Wide Expenses, PIM also agrees to waive or reimburse the Fund-Wide Expenses attributable to any other authorized class of shares to the same extent that such expenses are reduced for the class of shares that required the reduction of Fund-Wide Expenses.

  • Sales During Pre-Settlement Period Notwithstanding anything herein to the contrary, if at any time on or after the time of execution of this Agreement by the Company and an applicable Purchaser, through, and including the time immediately prior to the Closing (the “Pre-Settlement Period”), such Purchaser sells to any Person all, or any portion, of any shares of Common Stock to be issued hereunder to such Purchaser at the Closing (collectively, the “Pre-Settlement Shares”), such Purchaser shall, automatically hereunder (without any additional required actions by such Purchaser or the Company), be deemed to be unconditionally bound to purchase, and the Company shall be deemed unconditionally bound to sell, such Pre-Settlement Shares to such Purchaser at the Closing; provided, that the Company shall not be required to deliver any Pre-Settlement Shares to such Purchaser prior to the Company’s receipt of the purchase price of such Pre-Settlement Shares hereunder; and provided further that the Company hereby acknowledges and agrees that the forgoing shall not constitute a representation or covenant by such Purchaser as to whether or not during the Pre-Settlement Period such Purchaser shall sell any shares of Common Stock to any Person and that any such decision to sell any shares of Common Stock by such Purchaser shall solely be made at the time such Purchaser elects to effect any such sale, if any.

  • Investment and Availability of Federal Funds Upon mutual agreement between the Fund and the Custodian, the Custodian shall, upon the receipt of Proper Instructions,

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